South Dakota (SD) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in South Dakota.
Damage Cap
No cap on damages
Statute of Limitations
2 years from the date of the act or omission
Discovery Rule
South Dakota applies the discovery rule in limited circumstances, primarily tolling the statute when the injury could not have been reasonably discovered.
Pre-Filing Requirements
No mandatory pre-filing requirements, but expert testimony is required to support the claim.
Average Settlement
$150,000 - $325,000
Average Verdict
$225,000 - $750,000
Key Facts About South Dakota Medical Malpractice Law
- 1South Dakota does not impose caps on economic or non-economic damages in medical malpractice cases.
- 2The state follows a modified comparative negligence system with a 51% bar.
- 3South Dakota does not require pre-suit screening panels or certificates of merit.
- 4Punitive damages are available but require clear and convincing evidence of willful, wanton, or malicious conduct.
Need Help with a South Dakota Medical Malpractice Case?
If you believe you have a medical malpractice claim in South Dakota, it is important to act quickly. The statute of limitations in South Dakota is 2 years from the date of the act or omission. Most medical malpractice attorneys offer free initial consultations.