What is the statute of limitations for
filing a medical malpractice case in South Dakota?
Like lawmakers in a lot of states,
South Dakota legislators have passed a statute of limitations that
specifically covers medical
malpractice lawsuits. First though, a quick refresher for readers
who need to brush up on their “legalese”: A statute of
limitations is a law that puts a limit -- expressed in years -- on
the amount of time you have to go to court and file a lawsuit after
you have suffered some type of injury or loss. There are different
deadlines depending on the kind of lawsuit you want to file.
South Dakota’s statute of limitations
for medical malpractice lawsuits can be found at South
Dakota Codified Laws section 15-2-14.1, and it says: “An
action against a physician, surgeon, dentist, hospital, sanitarium,
registered nurse, licensed practical nurse, chiropractor, or other
practitioner of the healing arts for malpractice, error, mistake, or
failure to cure, whether based upon contract or tort, can be
commenced only within two years
after the alleged malpractice, error, mistake, or failure to cure
shall have occurred.”
As the law says, the “clock” on
South Dakota’s two-year deadline starts running on
the date on which the defendant’s alleged medical
error was actually committed.
But what if you did not discover right
away that you were injured, or you didn’t know of the link between
your injury and the defendant’s wrongdoing? You may be able to
argue that the “clock” should not start running in your case
until the date on which you discovered that you were harmed by
actionable malpractice. If the filing deadline has passed and your
case hinges on this “discovery” argument, it’s time to contact
an experienced South Dakota medical malpractice lawyer.
you try to file your South Dakota medical malpractice lawsuit after
the statute of limitations deadline has passed, you can bet that the
doctor or health care facility you’re trying to sue will ask the
court to dismiss the case. If the court grants the request (which it
almost certainly will), that is the end of your lawsuit. So it’s
crucial to pay attention to the deadline (and make your best argument
as to why it should be extended). Learn more about the
of Limitations in a Medical Malpractice Case.