Bringing a medical malpractice suit is a very serious and technically complicated matter, which in most cases requires the testimony of medical experts.
You should always consult with a lawyer who specializes in medical malpractice before filing a medical malpractice claim in Federal or State Court.
STATUTES OF LIMITATION
Be aware that there are special statutes of limitations (time limits) that apply in medical malpractice cases, so to preserve your right to file a claim
with the court, you should contact an attorney as soon as possible after the alleged malpractice occurs, or you may be prevented from making any claim because you are too late.
South Dakota operates under the "occurrence rule" (when the event occurred) for medical malpractice, not when the malpractice is "discovered," and claimants
generally have two years to make a claim. However there may be certain exceptions for continuing treatment, fraudulent concealment, minors (children under age 18), or mental illness.
It is best to consult an experienced attorney for questions about which statute of limitation would apply to your situation.
