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What Is the Statute of Limitations for Medical Malpractice in South Dakota?

In South Dakota, the statute of limitations for medical malpractice is generally 2 years under SDCL § 15-2-14.1.

2 YEARS
Medical Malpractice · South Dakota
✓ Verified Checked Sep 2026

Medical malpractice Deadlines in South Dakota

How long do you have to file a medical malpractice claim in South Dakota?

In South Dakota, the statute of limitations for medical malpractice is generally 2 years under SDCL § 15-2-14.1.

When does the clock start for medical malpractice in South Dakota?

Two years from the act complained of.

Can the South Dakota deadline for medical malpractice be extended?

South Dakota gives several professions their own sections: § 15-2-14.2 for legal malpractice, § 15-2-14.4 for licensed public accountants, § 15-2-14.5 for veterinarians, and § 15-2-14.6 for real estate licensees. Repoint the URL.

Is the deadline different if the claim is against the government in South Dakota?

Often, yes. Written notice within 180 days under SDCL § 3-21-2. SDCL § 3-21-2 requires written notice to the public entity within 180 days of the injury. South Dakota also grants the state, counties, cities, townships and school districts broad immunity from damages for neglectful conduct, and state officers and employees…

How does South Dakota compare to other states for medical malpractice?

South Dakota's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →

What Does Medical Malpractice Cover?

Situations that typically fall under the medical malpractice deadline in South Dakota:

01 Surgical errors and wrong-site surgery
02 Misdiagnosis or delayed diagnosis
03 Medication errors and dosage mistakes
04 Birth injuries to mother or child
05 Anesthesia errors
06 Hospital-acquired infections from negligence
07 Failure to monitor or treat properly
08 Premature discharge causing harm
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Other Filing Deadlines in South Dakota

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed South Dakota attorney can tell you the deadline that applies to your situation.
See every filing deadline in South Dakota, or compare medical malpractice across all states.
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