Medical Malpractice Rules in South Dakota
The deadline to file a medical malpractice claim in South Dakota, the discovery rule, and caps on damages.
Short answer: 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. S.D. Codified Laws § 15-2-14.1
| Medical malpractice deadline | 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 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 |
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FAQ
What is the statute of limitations for medical malpractice in South Dakota?
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.
Is there a cap on medical malpractice damages in South Dakota?
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.
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.