South Dakota Complaint for Medical Malpractice regarding Diagnosis and Treatment

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Multi-State
Control #:
US-CMP-10041
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Word; 
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Description

This is a model Complaint for damages caused by the negligence of a medical provider whose staff physician negligently failed to diagnose a common medical condition, resulting in severe mental and physical pain and unnecessary medical treatment, tests and associated expense over a period of months. The problem was later properly diagnosed and treated by a second provider. Damages are sought from the first provider. Adapt to fit the circumstances of your case. Care must be used to comply with the law and court rules for your state, because this is a model form.
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FAQ

You can file a complaint against a contractor with the South Dakota Attorney General. Online: To file a complaint online, visit the complaint form and fill out the requested information. Once completed, you can submit the form.

In South Dakota, non-economic damages in medical malpractice cases are capped at $500,000, ing to South Dakota Codified Laws section 21-3-11.

SOUTH DAKOTA A judgment becomes a lien on real property for a period of 10 years. S.D. Codified Laws § 15-16-7. A judgment may be renewed for an additional period of ten years.

If you are filing a medical complaint, click here to print, sign and mail our HIPAA release form. If you are not sure if your complaint requires a HIPAA form, please feel free to contact our office by calling 605-773-4400.

The South Dakota Medical Malpractice Damages Cap In South Dakota, non-economic damages in medical malpractice cases are capped at $500,000, ing to South Dakota Codified Laws section 21-3-11.

Statute of Limitations for Medical Malpractice Claims in South Dakota. In general, medical malpractice claims in South Dakota are subject to a two-year statute of limitations contained in South Dakota Codified Laws(?SDCL?)§ 15-2-14.1.

20-9-1. Responsibility for injury by willful act or negligence--Contributory negligence. Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence.

In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.

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South Dakota Complaint for Medical Malpractice regarding Diagnosis and Treatment