Hiring a Medical Malpractice Lawyer in South Dakota
The deadline to sue for medical malpractice in South Dakota, any limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in South Dakota: fee rules
| Rules on contingency fees | Under South Dakota Rule of Professional Conduct 1.5(c) (appendix to SDCL ch. 16-18), a contingent fee agreement must be in writing signed by the client and state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of potential expenses the client owes whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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South Dakota rules to know first
| Deadline to sue for medical malpractice | Two years after the alleged malpractice, error, mistake or failure to cure occurred. The statute counts from the date of the malpractice and does not contain a discovery rule. Source: S.D. Codified Laws § 15-2-14.1 |
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| Medical malpractice damage caps | In a malpractice action for personal injury or death against a physician, chiropractor, optometrist, podiatrist, dentist, hospital, nurse, physician assistant or certain other listed practitioners (or their employer), total general damages (such as pain and suffering) may not exceed $500,000. Special damages (such as medical bills and lost wages) are not capped. Source: S.D. Codified Laws § 21-3-11 |
Find and check a lawyer
| Lawyer referral service | The State Bar of South Dakota Lawyer Referral Service is a public service to help you find a qualified, local lawyer. Participating lawyers give you a consultation covering the nature of your legal issue, possible options, and the costs of hiring an attorney. Call (800) 952-2333 or request a referral online. The service confirms participating attorneys are active members in good standing but does not evaluate or endorse their qualifications for any practice area. |
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| Check discipline history or file a complaint | Complaints about South Dakota lawyers go to the Disciplinary Board of the State Bar of South Dakota. Send a signed letter fully describing the facts and all sources of information, with names, dates, addresses and supporting documents, to Disciplinary Board, The State Bar of South Dakota, 111 W Capitol Ave. #1, Pierre, SD 57501 (605-224-7554). Simple matters are investigated by a Board member by correspondence and complicated ones by an investigator. The Board dismisses complaints where the lawyer did no wrong, may issue a private reprimand for less serious wrongdoing, and reports serious matters to the Supreme Court; discipline ranges from private reprimand to disbarment. Proceedings are confidential until the Board files formal charges, and losses cannot be recovered through discipline. Filing address: https://www.statebarofsouthdakota.com/reporting-professional-misconduct-2/ |
Free legal help
| Free legal aid | Free civil legal aid for low-income South Dakotans is provided by two LSC-funded programs: Dakota Plains Legal Services and East River Legal Services (per the Legal Services Corporation's grantee list). The North Dakota courts' Finding a Lawyer page also describes Dakota Plains Legal Services as providing free legal help to low-income individuals, older Americans and veterans across South Dakota and North Dakota, including tribal court matters. DPLS description: https://www.ndcourts.gov/legal-self-help/finding-a-lawyer |
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All legal help in South Dakota · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.