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Your Mitchell Medical Malpractice Attorney
A medical mistake leaves questions that are hard to put down: what went wrong, who was responsible, and whether South Dakota law gives you a way to hold them accountable.
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.
What Counts as Medical Malpractice in South Dakota
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.
The limit on damages in SDCL § 21-3-11 applies to actions for personal injury or death alleging malpractice against physicians, chiropractors, optometrists, podiatrists, dentists, hospitals and nurses, among others listed there, or against the practitioner’s corporate employer.
An unexpected outcome does not prove a mistake. What matters is whether care in Mitchell departed from accepted practice and whether that departure caused the harm.
Types of Medical Malpractice Cases
Malpractice claims come in many forms. The ones below are common, and each depends on linking a failure in care to the injury.
Diagnostic errors
A late or missed diagnosis can allow an illness to progress. These claims look at what the provider did, what was reasonably available to do, and what an earlier diagnosis would have changed.
Surgical mistakes
Surgery claims may involve an operation on the wrong site or patient, an instrument or object left in the body, damage to nearby structures, or a failure in anesthesia or aftercare. Each is looked at for whether it departed from accepted practice and caused the harm.
Errors with medications
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.
Injuries during pregnancy or delivery
Birth injury claims examine monitoring, decisions about delivery and care after the baby is born, and ask whether any departure from accepted practice caused the harm.
Time Limits for a South Dakota Malpractice Claim
Under SDCL § 15-2-14.1, the period is two years after the alleged malpractice, error, mistake or failure to cure shall have occurred.
SDCL § 15-2-14.1 counts from the occurrence of the alleged malpractice, not from the day it was discovered, so the date of the care is the first thing to pin down, and an attorney can say whether an exception fits.
When the Patient Is a Minor
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).
The extension is limited: the period cannot be extended more than five years by any disability except infancy, and in no case longer than one year after the disability ceases (SDCL § 15-2-22).
Wrongful Death After a Medical Error
A wrongful death action lies when a death is caused by a wrongful act, neglect or default that would have entitled the patient to sue had the patient lived (SDCL § 21-5-1).
The wrongful death period is three years from the death itself (SDCL § 21-5-3), which is longer than the two years for the patient’s own malpractice claim.
SDCL § 21-5-5 has the personal representative bring the action, for the exclusive benefit of the surviving spouse and children, or the parents and next of kin when there is neither.
Damages in South Dakota Malpractice Claims
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).
There is no limitation on the amount of special damages that may be awarded (SDCL § 21-3-11).
That does not set the value of any claim. What can be recovered still depends on the injury, the proof and the share of fault found against each defendant.
The Slight Comparison Rule
SDCL § 20-9-2 bars recovery only when the patient’s own negligence was more than slight in comparison with the defendant’s; otherwise damages are reduced in proportion.
Whether the patient’s negligence was slight in comparison is decided without disclosing a percentage of fault by special interrogatory (SDCL § 20-9-2).
Listing each provider who touched the care, and the dates, is useful before the first consultation.
If the Provider Is a Public Entity
Before suing a public hospital or a government employee, written notice of the time, place and cause of the injury has to be given within one hundred eighty days after the injury (SDCL § 3-21-2).
SDCL § 3-21-3 lists the officers to be notified, including the attorney general and the commissioner for the state and the county auditor for a county.
The notice does not stop the clock: SDCL § 3-21-2 says nothing in the chapter tolls or extends a limitation period. For a minor or an incapacitated person, SDCL § 3-21-4 lets a court allow a reasonable time after the disability, on application within two years of the event.
Courts for a Mitchell Claim
Under SDCL § 15-5-8, the plaintiff may choose the county where the damages were inflicted or the cause of action arose; for treatment in Mitchell, that can be Davison County. Otherwise the county where a defendant resides applies (SDCL § 15-5-6).
Local Courts and Hospitals in Mitchell
The Census Bureau places Mitchell in Davison County. South Dakota Codified Law 16-5-1.2 places Davison County in the First Circuit. Avera Queen of Peace Hospital in Mitchell is on the South Dakota Department of Health trauma hospital list as a designated community trauma 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.
How to Begin With a Mitchell Malpractice Attorney
If you believe medical care in Mitchell caused you or a family member harm, a good first step is to write down what happened, when it happened and who was involved, and to gather the records and bills you already have.
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
What if I was partly at fault?
South Dakota allows recovery when the patient’s negligence was slight in comparison, with damages reduced by that share (SDCL § 20-9-2).
How long do I have to file a medical malpractice claim in South Dakota?
The period is two years from when the alleged malpractice occurred (SDCL § 15-2-14.1).
Who can bring a wrongful death claim in South Dakota?
Three years after the death (SDCL § 21-5-3); the personal representative brings the action for the spouse and children, or the parents and next of kin (SDCL § 21-5-5).
How fast must I act against a public provider in South Dakota?
Written notice of the time, place and cause of the injury must be given to the public entity within one hundred eighty days after the injury (SDCL § 3-21-2); the notice does not extend the time to sue.
Which providers does the South Dakota malpractice deadline cover?
Yes. SDCL § 15-2-14.1 names hospitals and nurses along with physicians, surgeons, dentists, chiropractors and other practitioners of the healing arts.
Is there a cap on malpractice damages in South Dakota?
The limit is on general damages ($500,000); special damages are not limited (SDCL § 21-3-11).
Where is a malpractice lawsuit from Mitchell filed?
At the plaintiff’s option, the county where the damages were inflicted or the cause of action arose (SDCL § 15-5-8); for care in Mitchell that can be Davison County. The county where a defendant resides is the general rule (SDCL § 15-5-6).
Other Pages That May Help
Medical care often happens outside your own town; these pages cover other South Dakota communities.
