South Dakota Medical Malpractice
South Dakota Medical Malpractice Laws: What You Need to Know
South Dakota's medical malpractice laws differ significantly from those in other states, particularly in key areas such as the statute of limitations, damage caps, and comparative negligence rules. Understanding these unique elements is crucial for anyone considering a claim in the state.
Statute of Limitations
In South Dakota, a medical malpractice claim must generally be filed within two years from the date the alleged malpractice occurred.
This is a strict deadline, or "statute of repose", that starts running on the date of the medical error itself, not when the patient discovers the injury. Unlike most states, South Dakota does not apply the "discovery rule".
Minors: For minors, the rules are slightly different. If the minor is 6 years old or older at the time of the malpractice, the lawsuit must be filed within three years. If the minor is less than 6 years old, the action must be commenced within two years after the minor's sixth birthday. Generally, minors have until age 19 to file a claim.
Wrongful Death: Wrongful death claims arising from medical malpractice have a separate deadline and must be filed within three years after the death.
Damages Cap
South Dakota caps non-economic damages in medical malpractice cases at $500,000.
Under SDCL § 21-3-11, non-economic damages—such as pain, suffering, and loss of enjoyment of life—are limited to $500,000. This cap applies to all healthcare providers, including doctors, nurses, and hospitals. Importantly, there is no cap on economic damages, which include medical expenses, lost wages, and the cost of future care.
The current $500,000 cap was upheld by the South Dakota Supreme Court. This followed an earlier decision in
Knowles v. United States (1996), where a previous $1 million cap was struck down as unconstitutional.
Expert Witness Requirements
South Dakota does not have specific, additional expert witness requirements for medical malpractice cases.
Unlike many states that mandate specific qualifications like specialty-matching or board certification, South Dakota applies its general expert witness standards. Under SDCL § 19-19-702, an expert witness must be "qualified as an expert by knowledge, skill, experience, training, or education". The court determines if the expert's testimony is reliable and relevant based on the Daubert standard.
Unique South Dakota Legal Features
Slight/Gross Comparative Negligence
South Dakota is the only state that uses a "slight/gross" comparative negligence system. Under this rule, a plaintiff can only recover damages if their own negligence was "slight" when compared to the defendant's negligence. If a court finds the plaintiff's negligence was more than "slight," they are barred from any recovery.
Collateral Source Rule
South Dakota applies the traditional collateral source rule. This means that any compensation a plaintiff receives from other sources, such as their own health insurance, cannot be used to reduce the amount of damages the defendant is required to pay.
FAQs About South Dakota Medical Malpractice Law
Does South Dakota have pre-suit requirements?
No. South Dakota does not require plaintiffs to go through any pre-suit procedures, such as a certificate of merit or a medical review panel, before filing a lawsuit.
Are attorney fees limited in South Dakota?
South Dakota does not have specific statutory caps on attorney fees in medical malpractice cases. The fee arrangements are subject to a general reasonableness standard.
What about arbitration?
South Dakota has an optional, voluntary arbitration system that parties can agree to use for healthcare services claims. Arbitration agreements must contain specific warning language, including a statement that the parties are giving up their right to a jury trial.
Contact a Lawyer
Navigating a medical malpractice claim in South Dakota requires a thorough understanding of the state's unique and complex laws. While DEH Law's practice is focused on Georgia, Daniel E. Holloway is licensed in South Dakota and can handle matters on a case-by-case basis.