In the state, the plaintiff has only two years to file a claim for medical malpractice and related injury or death. This rule also applies to children under six years old as they only have two years after their sixth birthday to make a claim. Minors over the age of six have no more than three years to file a medical malpractice claim against a healthcare provider. Accordingly, the State of South Dakota does not grant claims for non-economic damages exceeding an additional $500,000 from current and future medical expenses. On the other hand, the State does not provide limits on legal expenses (medical malpractice).,