Medical Malpractice:

South Dakota

State: South Dakota
Link to State Law:  South Dakota Codified Laws

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to South Dakota state law, contact an experienced attorney.

Statute of Limitations:
Medical malpractice actions in South Dakota must be filed within two years of the act or omission giving rise to the injury. If the case involves a minor under the age of six, the minor two years after his or her sixth birthday to file a medical malpractice lawsuit. If the minor is six years of age or older, the suit must be filed within three years of the date of the act or omission giving rise to the injury.

Minimum Qualifications of Expert Witnesses:
There are no restrictions on expert witnesses who testify in medical malpractice lawsuits.

Limitations on Monetary Damages: Non-economic damages awarded in South Dakota medical malpractice cases are limited to $500,000.

Limitations on Attorney Fees:
Under South Dakota law, there are no limitations on attorney fees in medical malpractice cases.