South Dakota Statute of Limitations for Medical Malpractice
In South Dakota, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: S.D. Codified Laws § 15-2-14.1.
- 2 years from the act or from discovery of the injury.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the act or from discovery of the injury.
General South Dakota Rules
South Dakota provides 6 years for contract and property claims, and 3 years for personal injury. Medical malpractice has a shorter 2-year period. The discovery rule applies to medical malpractice and fraud claims.
Other Statutes of Limitations in South Dakota
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in South Dakota?
The statute of limitations for medical malpractice in South Dakota is 2 years. Citation: S.D. Codified Laws § 15-2-14.1.
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When does the clock start for medical malpractice in South Dakota?
2 years from the act or from discovery of the injury.
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Can the statute of limitations for medical malpractice be extended in South Dakota?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.