A medical malpractice claim “can be commenced only within two years after the alleged malpractice, error, mistake, or failure to cure shall have occurred, provided, a counterclaim may be pleaded as a defense to any action for services brought by a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts after the limitation herein prescribed, notwithstanding it is barred by the provisions of this chapter, if it was the property of the party pleading it at the time it became barred and was not barred at the time the claim was sued or originated, but no judgment thereon except for costs can be rendered in favor of the party so pleading it.” It is important to note that South Dakota does not currently recognize the discovery rule. [SDCL § 15-2-14.1]
Minors have until one year after turning 18 to file a medical malpractice claim [SDCL § 15-2-22]
“Every action for wrongful death shall be commenced within three years after the death of such deceased person.” [SDCL§21-5-3]
Non-economic damages “awarded may not exceed the sum of five hundred thousand dollars. There is no limitation on the amount of special damages which may be awarded.” [SDCL § 21-3-11]
South Dakota currently has no attorney fee caps other than the general requirement of reasonableness [Rule 1.5 of the South Dakota Rules of Professional Conduct]
South Dakota currently does not have any pre-suit requirements for medical malpractice cases.
South Dakota requires the general rules for experts that the testimony must be relevant and reliable. [SDCL § 19-19-702]
South Dakota has not explicitly recognized negligent credentialing. However, in 2014, a circuit court ruled that a hospital could be sued for negligent credentialing if there was bad faith. [Doe v. Avera Health]
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We represent clients from all across the United States. If you or a loved one has been injured by medical negligence of a healthcare provider or facility, contact us now for a free consultation.
