South Dakota Medical Malpractice Statute of Limitations

Malpractice is general attributed to a doctor who fails to diagnose an illness or injury.  In addition, if a condition is not treated with the medical standard of care, or care is withheld for an unreasonable amount of time, a patient may have a legitimate claim, if additional injury or death occurs as a result. However, South Dakota does mandate that the award be offset by payments from collateral sources, other than insurance, unless it has been paid for by the plaintiff.

Time Limits for Filing a Claim in South Dakota

The statute of limitations for filing a malpractice claim in South Dakota is strict.  Individuals have only two years to file suit, if they have suffered injury or death due to a carless act.  Even children under the age of six only have two years after his/her sixth birthday to make a claim.  Minors over the age of six only have three years to sue a health care professional for malpractice.

Negligence Laws

In many states, an expert witness must be a medical professional that works in the field of medicine related to the malpractice claim.  However, South Dakota has no such restrictions. But, having a professional testify to current and future health problems because of the malpractice, or why death can be directly related, will definitely help the jury decide whether a judgment in favor of the plaintiff is justified.  For detailed information, see the chart below:

Award Limits in South Dakota

Although there are no limitations regarding the current and future medical expenses that may/may not be awarded, some restrictions apply to non-economic damages.  In the state of South Dakota, you cannot be awarded more than an additional $500,000.

Legal Help

If you have a legitimate case of malpractice to present to the court, you will definitely want to seek professional legal help.  A lot is at stake.  Whether you have a stack of current and future medical bills to consider, or your have lost the income of a spouse or parent, you deserve to be compensated for your losses.  With emotions high and the stress of the case, you are more likely to get what you need, if an expert is put in charge of your claim.