South Dakota is a state located in the Midwestern region of the United States of America. Malpractice is associated to medical wrongdoings. It is also known as Medical Malpractice. In this a person is liable to receive money for the injury which is caused to him, from the person who has carelessly operated him. The person who claim for the compensation is called a plaintiff, and the person who is liable to pay the amount is called defendant.

Malpractice law occurs when a person acts in a negligent manner while taking care of a problem. Misdiagnosis, failure to diagnose, failure to provide appropriate treatment for a medical condition or unreasonable delay in treating a diagnosed medical condition are some of the example of malpractices.

There are lawyers who protect the right of the injured plaintiff. These lawyers help the plaintiff in filing case against defender and determining the amount of monetary compensation. The laws and rules governing malpractice lawsuits differ from state to state.

Medical Malpractice rules prevailing in South Dakota are as following:

• All the cases related to medical malpractice against any hospital, doctor, counselors, psychologists and psychotherapists must be brought within 2 years from the date of occurrence.  There is no separate time limitation in case of late discovery of injury. The time period is fixed to only 2 years whether you discover the injury or not.
• In case of minors who are below 6 year of age those children are given 2 years of time to file a suit. The children who are above 6 years but below 18 years can file a suit within 3 years of the occurrence of the injury.
• There is no limit on the attorney fees in medical malpractice cases.
• There is no special rule regarding expert witness. There is  no need of expert witness.
• If a plaintiff receives compensation from any other collateral source such as plaintiff’s own insurance company or from any other source such as any health or sickness policy then in such case the amount of damage that defendant has to pay reduces by the amount of compensation received from the collateral sources. Thus a defendant can reduce his liability by introducing an evidence of collateral source.
• The limit on non economical damages is $500,000.00.

If you have got an injury because of some one else then you must make a claim by filing a suit against the defendant. I hope now you are well aware of the Malpractice laws of South Dakota.

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