South Dakota Medical Malpractice Laws

There is a limit of $500,000 on noneconomic damages but no limit on economic damages. The statute of limitations is two years from the incident. There is modified joint and several liability (if the court enters joint and several liability against a defendant whose fault was less than 50%, the defendant may not be responsible for more than twice of his/her percentage of fault). Periodic payments for future damages are available only if a party requests periodic payments within 120 days after service of the complaint. There is no requirement for an affidavit or certificate of merit.

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