South Dakota — Medical Malpractice SOL
2 years
Governing statute: §15-2-14.1
The rule at a glance
- Baseline
- 2-year statute of limitations from the act or injury.
- Discovery rule
- no (hard 2yr).
- Statute of repose
- No statute of repose (discovery rule uncapped).
- Minor tolling
- under 18: 2yr, but tolled for very young
- Government-entity notice of claim
- No government-notice deadline separate from the SOL.
- Statutory reference
- §15-2-14.1
Common pitfalls in South Dakota
Missing the SOL is the #1 malpractice claim against plaintiff attorneys. The most common South Dakota pitfalls:
- Assuming the discovery rule extends the deadline when this state's rule is "no (hard 2yr)" — verify the current statute.
- Missing the separate notice-of-claim deadline for government-entity defendants (VA hospitals, county facilities, state universities).
- Miscalculating minor tolling — the rule ("under 18: 2yr, but tolled for very young") has carve-outs specific to med-mal.
- Ignoring the statute of repose cap where one exists (none).
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