South Dakota Medical Malpractice Information

  • What is the average medical malpractice settlement in South Dakota?

    The average medical malpractice payment in South Dakota for 2022 was $334,722. Going back to 2004, the average malpractice payment in the database is $326,788.

  • How many medical malpractice settlements have there been in South Dakota?

    In 2022, there were 9 medical malpractice payments made in South Dakota. Among all of the various jurisdictions, this ranked number 50 out of 59 in terms of raw numbers, but when viewed in terms of claims per capita, South Dakota ranked number 50 of 59, which includes the 50 states, the District of Columbia, U.S. territories, and Armed Forces populations.

  • What is the most common type of medical malpractice claim in South Dakota?

    Across the country, the most common allegations giving rise to medical malpractice payments are "Failure to Diagnose" and "Improper Performance." South Dakota is among those jurisdictions for which the top allegation appearing in the database is "Failure to Diagnose." The second most frequent allegation appearing for South Dakota in the database is "Wrong Body Part."

  • Which type of healthcare provider pays the most medical malpractice claims in South Dakota?

    Among all claims, the vast majority (about 70%) of the payments are associated with care provided by MDs. South Dakota is no exception. The second highest type of healthcare provider associated with malpractice claims in South Dakota is an osteopathic physician (DO).

A few notes about this: The database only shows which claims were paid and does not include claims that were presented but rejected. Also, the database does not include payments by non-providers like health systems and hospitals. There are also some number of claims that go unreported each year. Finally, the information contained in the reports is self-reported by the providers, their insurance companies, and other provider representatives.
South Dakota Medical Malpractice Payment Amounts By Year
South Dakota Medical Malpractice Payments By Year

The Largest Medical Malpractice Payments for South Dakota (2004-2022)

YearStateAmountAllegationFull Report
2019South Dakota$9,950,000Unnecessary Procedure
2019South Dakota$9,950,000Unnecessary Procedure
2014South Dakota$7,650,000Improper Management
2020South Dakota$6,650,000Medication Administered via Wrong Route
2006South Dakota$3,950,000Improper Performance
2014South Dakota$2,950,000Wrong Dosage Dispensed
2005South Dakota$1,950,000Wrong Body Part
2019South Dakota$1,950,000Failure to Diagnose
2005South Dakota$1,850,000Wrong Dosage Administered
2008South Dakota$1,450,000Improperly Performed Vaginal Delivery

South Dakota Statistics at a Glance

Average Payment (2004-2022): $326,788

Total Payments in Database (2004-2022): 454

Average Payment (2022): $334,722

Total Number of Payments (2022): 9

Rank in Average Payment (2022): 35

Rank in Number of Payments Per Capita (2022): 50 of 59 Jurisdictions

Most Common Allegation (2022): Failure to Diagnose

Most Common Allegation in 2021: Failure to Diagnose

Most Common Nature of Claim (2022): Surgery Related - 56% of all payments

Type of Provider with Most Payments: Physician (MD)

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