## How the limitation period applies

The controlling primary authority for US-SD medical malpractice SOL (SDCL § 15-2-14.1) is **SDCL § 15-2-14.1**.

> **SDCL § 15-2-14.1.** An action against a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts for malpractice, error, mistake, or failure to cure, whether based upon contract or tort, can be commenced only within two years after the alleged malpractice, error, mistake, or failure to cure shall have occurred, provided, a counterclaim may be pleaded as a defense to any action for services brought by a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts after the limitation herein prescribed, notwithstanding it is barred by the provisions of this chapter, if it was the property of the party

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [SDCL § 15-2-14.1 — SDCL § 15-2-14.1](https://sdlegislature.gov/api/Statutes/Statute/15-2-14.1)

All sources are official primary law published by `sdlegislature.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of limitations for medical malpractice in South Dakota — backed by real statute citations.

Statute of limitations for medical malpractice in South Dakota

15-2-13. Contract obligation or liability--Statutory liability--Trespass--Personal property--Injury to noncontract rights--Fraud--Setting aside corporate instrument. Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued: (1) An action upon a contract, obligation, or liability, express or implied, excepting those mentioned in §§ 15-2-6 to 15-2-8, inclusive, and subdivisions 15-2-15(3) and (4);

An action for criminal conversation or for any other injury to the rights of another not arising on contract can be commenced only within six years after the cause of action shall have accrued.

An action against a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts for malpractice, error, mistake, or failure to cure, whether based upon contract or tort, can be commenced only within two years after the alleged malpractice, error, mistake, or failure to cure shall have occurred, provided, a counterclaim may be pleaded as a defense to any action for services brought by a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts after the limitation herein prescribed, notwithstanding it is barred by the provisions of this chapter, if it was the property of the party pleading it at the time it became barred and was not barred at the time the claim was sued or originated, but no judgment thereon except for costs can be rendered in favor of the party so pleading it.

Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued: (1) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. But this subdivision shall not apply to an action for an escape; (2) An action upon a statute for a penalty or forfeiture where the action is given to the party aggrieved, or to such party and the state except where the statute imposing it prescribes a different limitation; (3) An action for personal injury.

Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued:
(1) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. But this subdivision shall not apply to an action for an escape;
(2) An action upon a statute for a penalty or forfeiture where the action is given to the party aggrieved, or to such party and the state except where the statute imposing it prescribes a different limitation;
(3) An action for personal injury.

57A-2-725. Statute of limitations in contracts for sale.

(1)    An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.

(2)    A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

(3)    Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(4)    This section does not alter the law on tolling of the statute of limitations nor do they apply to causes of action which have accrued before July 1, 1967.

Source:  SL 1966, ch 150, § 2-725; SDCL, §§ 57-8-61 to 57-8-64; SL 1982, ch 347, § 45.

Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued: (1) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity... (2) An action upon a statute for a penalty or forfeiture where the action is given to the party aggrieved... (3) An action for personal injury.

In South Dakota, an action for breach of any contract for sale (UCC Article 2 sale of goods) must be commenced within four years after the cause of action has accrued, per SDCL 57A-2-725(1). Accrual is fixed at the time of breach without regard to the aggrieved party's knowledge, except that warranties explicitly extending to future performance of the goods accrue on discovery (or constructive discovery) of the breach. This paraphrase points back to subsections (1) and (2) of the verbatim quote 

South Dakota imposes a two-year statute of limitations on actions against healthcare providers (physicians, surgeons, dentists, hospitals, sanitariums, registered nurses, licensed practical nurses, chiropractors, and other practitioners of the healing arts) for malpractice, error, mistake, or failure to cure, whether sounding in contract or tort. The limitations period runs from the date the alleged malpractice, error, mistake, or failure to cure occurred (an occurrence-based trigger, not a disc

Under SDCL § 15-2-14(3), an action for personal injury must be commenced within three years after the cause of action accrues, except where a different limitation is prescribed in special cases. Controls general PI, negligence, premises liability, product liability, slip-and-fall, dog bite in South Dakota.

Statute of limitations for personal injury in US-SD is 3 years under SDCL § 15-2-14(3).

Statute of limitations for medical malpractice in US-SD is 2 years under SDCL § 15-2-14.1.

Statute of limitations for ucc sale of goods in US-SD is 4 years under SDCL 57A-2-725.

South Dakota imposes a 6-year statute of limitations on actions for taking, detaining, or injuring goods or chattels, including actions to recover personal property, under SDCL 15-2-13(4), running from the date the cause of action accrued.

South Dakota actions for taking, detaining, or injuring goods or chattels (damage to personal property) must be commenced within six years of accrual under SDCL 15-2-13(4).

South Dakota wrongful death actions must be commenced within 3 years after the death of the deceased person under S.D. Codified Laws § 21-5-3.

South Dakota wrongful death actions must be commenced within 3 years after the death under S.D. Codified Laws § 21-5-3.

An insurance bad-faith claim in South Dakota arises from the obligation or liability — express or implied — created by the insurance relationship; under SDCL § 15-2-13(1) an action upon a contract, obligation, or liability, express or implied, must be commenced within six (6) years after the cause of action accrued.

The following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued: (1) An action upon a contract, obligation, or liability, express or implied, excepting those mentioned in §§ 15-2-6 to 15-2-8, inclusive, and subdivisions 15-2-15(3) and (4).

The following civil actions... can be commenced only within twenty years after the cause of action shall have accrued: (1) An action upon a judgment or decree of any court of this state; (2) An action upon a sealed instrument, except a real estate mortgage.

The following civil actions... can be commenced only within two years after the cause of action shall have accrued: (1) An action for libel, slander, assault, battery, or false imprisonment.