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Medical Malpractice Help in Madison
When medical care in Madison goes wrong, the harm is physical, financial and personal at once, and it is hard to know whether what happened is a legal claim.
The sections below set out the South Dakota law that applies to malpractice claims and explain how to reach, through needanattorney.net, an attorney in our network who handles them.
How South Dakota Law Defines Medical Malpractice
The statute that sets the deadline, SDCL § 15-2-14.1, reaches physicians, surgeons, dentists, hospitals, sanitariums, nurses, chiropractors and other practitioners of the healing arts, and it covers claims for malpractice, error, mistake or failure to cure.
Which providers fall under the damages statute is spelled out in SDCL § 21-3-11: physicians, chiropractors, optometrists, podiatrists, dentists, hospitals, nurses and others, and the practitioner’s employer.
Not every complication is malpractice. A claim needs both a failure in the care and proof that the failure caused the injury.
Types of Medical Malpractice Cases
Whatever the kind of mistake, a claim comes back to two questions: did the care depart from accepted practice, and did that cause the injury?
Failure to diagnose
A claim can arise when a condition is missed or identified late. The question is whether the delay or error departed from accepted medical practice and caused harm that earlier treatment would have avoided.
Surgical errors
A surgical complication is not always a mistake, but a wrong site procedure, a retained object or an avoidable injury during an operation may be. The claim looks at what was done and at what caused the harm.
Medication errors
Giving the wrong medication, the wrong amount or a drug that conflicts with something the patient already takes can cause serious harm. A claim looks at where in the process the care fell short.
Harm to a mother or baby at birth
Claims about harm at birth look at the care given and ask whether a departure from accepted practice caused the injury, which is why complete records matter.
Filing Deadlines Under South Dakota Law
A medical malpractice action can be commenced only within two years after the alleged malpractice, error, mistake or failure to cure occurred (SDCL § 15-2-14.1).
Because SDCL § 15-2-14.1 runs from the occurrence of the alleged malpractice, error, mistake or failure to cure, waiting to look into a claim can use up much of the two years.
Children and Patients Under a Disability
South Dakota does not count the time a person is a minor or mentally ill when the claim accrues against the time limit (SDCL § 15-2-22).
Extra time for a disability has limits in SDCL § 15-2-22: not more than five years unless the disability is infancy, and in every case not beyond one year after it ends.
When a Patient Dies
South Dakota allows an action for damages when a death is caused by a wrongful act, neglect or default of the kind that would have let the patient bring a claim (SDCL § 21-5-1).
Three years after the death is the limit for a wrongful death action (SDCL § 21-5-3).
Under SDCL § 21-5-5, a wrongful death action is brought by the personal representative and benefits the spouse and children, or the parents and next of kin if there is no spouse or child.
Compensation Limits for a Malpractice Claim
In an action for personal injury or death alleging malpractice against the providers listed in the statute, the total general damages that may be awarded may not exceed $500,000, whether the case is taken through the court system or by binding arbitration (SDCL § 21-3-11).
The limit does not reach special damages: SDCL § 21-3-11 says there is no limitation on their amount.
The absence of a limit does not mean any amount is guaranteed; the outcome of a claim depends on its facts and the evidence.
The Slight Comparison Rule
A patient’s own negligence does not bar recovery when it was slight in comparison with the negligence of the defendant, but the damages are reduced in proportion to the patient’s negligence (SDCL § 20-9-2).
SDCL § 20-9-2 says the slight comparison question is determined without disclosing any percentage of the patient’s fault by special interrogatory.
Because fault can be assigned to providers who are not defendants, identifying every provider involved in the care early matters.
Claims Against Government Health Care Providers
South Dakota sets a much shorter notice period for claims against public entities and their employees: written notice within one hundred eighty days after the injury (SDCL § 3-21-2).
Who gets the notice depends on the entity (SDCL § 3-21-3): the county auditor for a county, the mayor or city finance officer for a municipality, the superintendent for a school district, and others as listed.
Nothing in the notice chapter tolls or extends any limitation on the time for commencing an action (SDCL § 3-21-2). If the person injured is a minor or is incapacitated, a court may allow notice within a reasonable time after the disability, on an application made within two years of the event (SDCL § 3-21-4).
Choosing the County to File In
Where to file depends on the facts. A plaintiff may bring a damages action in the county where the cause of action arose (SDCL § 15-5-8), which for a Madison claim is often Lake County, or where a defendant resides (SDCL § 15-5-6).
Courts and Hospitals Near Madison
The Census Bureau places Madison in Lake County. Under South Dakota Codified Law 16-5-1.2, the Third Circuit covers Lake County. Madison Regional Health System in Madison is on the South Dakota Department of Health trauma hospital list as a designated trauma receiving hospital. If your care took place at a hospital like this, ask for the complete chart and an itemized bill, and write down every provider who treated you.
Speak With a Madison Malpractice Attorney
People often start with a simple timeline of the care they received in Madison, along with discharge papers, test results and any letters from the provider or the insurer.
The form on this page sends your details to an attorney in our network who handles medical malpractice claims in South Dakota, so you can talk through what happened and what your options are.
Frequently Asked Questions
How long does a family have after a death caused by malpractice?
The personal representative brings the action (SDCL § 21-5-5), within three years after the death (SDCL § 21-5-3).
Is there a different notice rule for public hospitals in South Dakota?
Very fast: written notice within one hundred eighty days after the injury (SDCL § 3-21-2), and the notice does not toll the limitation period.
Is a hospital covered by the South Dakota malpractice time limit?
Yes. SDCL § 15-2-14.1 names hospitals and nurses along with physicians, surgeons, dentists, chiropractors and other practitioners of the healing arts.
Are special damages limited in a South Dakota malpractice claim?
Yes, for general damages: $500,000 in total, in court or arbitration, and no limit on special damages (SDCL § 21-3-11).
In what county would a Madison claim be brought?
Venue follows SDCL § 15-5-8 or SDCL § 15-5-6: where the damages were inflicted or the cause arose, or where a defendant resides. For care in Madison, Lake County is often one option.
Does the deadline change for a child injured by medical care?
The time of a disability, minority or mental illness at accrual, is not counted (SDCL § 15-2-22), but an extension is limited to one year after the disability ceases, and to five years for a disability other than infancy.
How does shared fault affect a South Dakota claim?
You can recover if your negligence was slight in comparison with the defendant’s, and the damages are reduced in proportion (SDCL § 20-9-2).
Where to Look Next
If the care happened elsewhere in South Dakota, these pages may be a better starting point.
