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South Dakota Medical Malpractice Lawyers

David R. Bliss avatar
David Bliss is a fourth-generation North Dakotan who was raised on his family farm and ranch near Bismarck. He has a bachelor's degree in journalism from the Un...
Timothy James avatar
Tim James has more than 30 years of litigation experience. He consults on medical malpractice cases. Tim's experience as a litigator involving many complex cas...
Steven Johnson avatar
Steve Johnson is a native of South Dakota, and was born in Sioux Falls. He attended Augustana College where he graduated Magna Cum Laude in 1973. He then gradua...
Murray Ogborn avatar
Murray Ogborn has represented clients and tried many cases across the country. He is an innovator in the development of jury communication and is nationally kno...

If you have recently sustained an injury or had a child born with a birth injury as a result of a doctor's negligence, you might have grounds for a medical malpractice lawsuit and need an appropriate lawyer.

What is a Medical Malpractice Lawyer?

A medical malpractice lawyer is someone who represents clients in situations where medical practitioners have been negligent, which means they didn't exercise their duty of care. As a result of that negligence, injuries or damages were sustained.

What Does a Medical Malpractice Law Attorney Do?

A South Dakota Medical Malpractice law attorney is responsible for bringing cases before an insurance provider or a judge where a medical practitioner was negligent, resulting in harm to their patients.

When to Hire a Medical Malpractice Lawyer in South Dakota?

You should hire a medical malpractice lawyer when you can prove that the medical practitioner was negligent, did not do what they were supposed to, or did something they were not supposed to do, and as a direct result of that, you or a member of your family received some form of injury.

For example, doctors who are negligent during the birthing process can cause significant birth injuries to children, which is grounds for a medical malpractice lawsuit.

How Do I Choose a Medical Malpractice Attorney in South Dakota?

Choosing a South Dakota Medical Malpractice lawyer means knowing what you want in your attorney.

  • Choose a medical malpractice attorney with experience taking on cases very similar to yours. Medical malpractice lawsuits can come in many forms, so if you are suing someone because of improper treatment, you don't want a medical malpractice attorney with experience primarily in birth injuries, and vice versa.
  • Choose a medical malpractice attorney with a staff who can speak your language and have a track record of good communication. These types of cases can take a long time because the attorney has to start by communicating with the insurance provider of the medical practitioner in hopes of getting a settlement from the insurance company. If that doesn't work, your attorney will have to litigate the casein front of a judge and potentially a jury. This can take a long time and involve many different steps, so clear communication will keep you in the loop at all times.
  • Choose a medical malpractice attorney that charges a rate you are comfortable with. Take into consideration the amount of lost wages you have sustained because of the medical malpractice injury, whether you have been unable to return to work, and what types of subsequent healthcare you have required. The idea behind the compensation you receive in the form of your settlement is to give you an appropriate amount to cover all of these costs as well as offer compensation for physical and emotional suffering. If you hire an attorney who takes a significant portion of your settlement, what remains may be insufficient to cover outstanding expenses.

How Much Does the Average Medical Malpractice Lawyer Cost in South Dakota?

A medical malpractice lawyer falls under the umbrella of a personal injury attorney, which means they typically operate on a contingency fee basis. This means they do not charge you at the beginning of your case, but only after you receive a settlement. They take a percentage of your compensation awarded at trial or through a settlement. Generally, if they don’t win or settle your case, you don’t have to pay them. There are different state limits for the percentage an attorney can take, depending on the amount of compensation you receive. Usually, the higher your compensation, the lower the percentage of your settlement a medical malpractice lawyer can take. On average they might take between 20 and 40 percent of your settlement, depending on how much you are awarded.

Do Medical Malpractice Attorneys Usually Charge for Consultations?

Medical Malpractice attorneys in South Dakota usually do not charge for a consultation. The consultation is where they review your situation and decide if you even have grounds for a case. For example, not liking the outcome of a treatment or being told that there was a risk the treatment wouldn't help you and then gaining no progress after receiving treatment is not negligence. That was simply a known risk going into your medical treatment. During the consultation, attorneys will ensure that you have grounds for a medical malpractice lawsuit.

Frequently Asked Questions

Can I hire a medical malpractice lawyer if I don’t like the treatment I received?

You do not just hire a lawyer for medical problems where you aren’t happy with the outcome or the doctor didn’t fix your medical issues.

Rather, you hire an experienced attorney for claims of negligence. This is where you claim that a negligent act resulted in issues like a birth injury, lost wages, deformation, etc.

How do I know if I can sue a doctor for medical malpractice?

During a consultation with a medical malpractice lawyer, you can go over the details of your situation, how the medical professional acted, and how those actions hurt you or your family. Being able to prove to an insurance provider that a medical practitioner acted negligently is grounds for a lawsuit.

How much can I win with a medical malpractice lawsuit?

Before you initiate a medical malpractice lawsuit, clients can seek legal advice from a law firm about whether they can sue, what the fees are, and what the potential settlement will be. How much you can win is based on how much evidence you have to link the negligent act to the subsequent injuries or lost wages, and what degree of emotional or physical damages you have sustained.