Pain & Suffering: Medical Malpractice vs. Ordinary Injury
The cap and the clock both differ.
The cap
Malpractice general damages are limited to $500,000 by SDCL 21-3-11; ordinary injury claims have no such limit.
The clock
Ordinary personal injury actions must be commenced within three years after the cause of action accrued. A malpractice action can be commenced only within two years after the alleged malpractice, error, mistake or failure to cure occurred.
Check the accrual rule
The statute measures from when the malpractice occurred, and summaries disagree about how much room a discovery rule leaves, so confirm the start date with an attorney.
Public providers
If the provider is a public entity, written notice is required within 180 days after the injury, and the notice does not extend the time to sue.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how South Dakota's rules apply to your specific case with a licensed South Dakota attorney.