## 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.

Statute of Limitations for Medical Malpractice in South Dakota

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 two years after the cause of action shall have accrued: (1) An action for libel, slander, assault, battery, or false imprisonment;

No action to recover damages for any injury to real or personal property, for personal injury or death arising out of any deficiency in the design, planning, supervision, inspection, and observation of construction, or construction, of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of such injury or death, may be brought against any person performing or furnishing the design, planning, supervision, inspection, and observation of construction, or construction, of such an improvement more than ten years after substantial completion of such construction. The date of substantial completion shall be determined by the date when construction is sufficiently completed so that the owner or his representative can occupy or use the improvement for the use it was intended.

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);

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: ... (5) An action for criminal conversation or for any other injury to the rights of another not arising on contract and not otherwise specifically enumerated in §§ 15-2-6 to 15-2-17 , inclusive;

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 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); (2) An action upon a liability created by statute other than a penalty or forfeiture; excepting those mentioned in subdivisions 15-2-15(3) and (4); (3) An action for trespass upon real property; (4) An action for taking, detaining, or injuring any goods or chattels, including actions for specific recovery of personal property;

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); (2) An action upon a liability created by statute other than a penalty or forfeiture; excepting those mentioned in subdivisions 15-2-15(3) and (4); (3) An action for trespass upon real property; (4) An action for taking, detaining, or injuring any goods or chattels, including actions for specific recovery of personal property; (5) An action for criminal conversation or for any other injury to the rights of another not arising on contract and not otherwise specifically enumerated in §§ 15-2-6 to 15-2-17 , inclusive.

(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.

Every action for wrongful death shall be commenced within three years after the death of such deceased person. Source: SL 1909, ch 301 , § 3; RC 1919, § 2931; SDC 1939, § 37.2203; SL 1947, ch 173 ; SL 1951, ch 193 ; SL 1957, ch 194 ; SL 1963, ch 235 ; SL 1967, ch 149 .

In an action for relief on the ground of fraud the cause of action shall not be deemed to have accrued until the aggrieved party discovers, or has actual or constructive notice of, the facts constituting the fraud.

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 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.

15-2-6 . Actions on state judgments and sealed instruments. 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 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.

If when the cause of action shall accrue against any person he shall be out of the state, such action may be commenced within the terms herein respectively limited after the return of such person into this state; and if after such cause of action shall have accrued, such person shall depart from and reside out of the state, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action; provided that the provisions of this section shall not apply to an action for the foreclosure of any real estate mortgage, or to the foreclosure of any real estate mortgage by advertisement.

15-2-3 . Cause of action based on fraud accruing on discovery or notice. In an action for relief on the ground of fraud the cause of action shall not be deemed to have accrued until the aggrieved party discovers, or has actual or constructive notice of, the facts constituting the fraud. Source: SDC 1939 & Supp 1960, § 33.0235; SL 1961, ch 178 .

If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, was at the time the cause of action accrued, either: (1) Within the age of minority as defined in chapter 26-1 ; or (2) Mentally ill; the time of the person's disability is not a part of the time limited for the commencement of the action. The period within which the action shall be brought cannot be extended more than five years by any disability except infancy, nor can it be extended in any case longer than one year after the disability ceases.