Delay in Resolution Leads to Legal Action Against Avera by Patient being Dropped a Day Later
In a recent development, a South Dakota court dismissed a patient's appeal in a medical lawsuit case. The patient, who underwent a hysterectomy at a South Dakota hospital in December 2021, filed a lawsuit two years and one day after her surgery.
The statute of limitations for filing a medical malpractice lawsuit in South Dakota is generally 3 years from the date of the injury or from when the injury was discovered or reasonably should have been discovered. The patient's case serves as a reminder of how strictly the legal system enforces these deadlines.
The patient claimed she never gave permission for the hysterectomy, only agreeing to an exploratory procedure. However, the court's ruling did not address this claim. Instead, it focused on the timing of the lawsuit, stating that the legal clock starts ticking the day the alleged wrongdoing takes place, not the day a patient leaves the hospital.
Disagreements over consent can lead to lawsuits, but unless those suits are filed on time, they may never be heard. In this case, a single day made a significant difference, with the lawsuit being dismissed due to a missed deadline.
Hospitals and legal teams often focus on technical points in their defense, such as timing or definitions. In this instance, the court ruled that the woman waited too long to file her lawsuit in court.
It's important to note that the legal system in South Dakota, like many others, calculates the statute of limitations in calendar years or days. There are no explicit leap year exceptions, and deadlines on February 29 typically carry over to the next calendar day (March 1).
The woman's case is a reminder of how patients can feel ignored or powerless when they believe they have been harmed. While the court's ruling does not determine the validity of the woman's claim about the surgery, it underscores the importance of adhering to legal deadlines in medical malpractice cases. The case does not specify whether the woman's legal team will appeal the court's decision.
[Sources] 1. South Dakota Codified Laws, Title 15, Chapter 15-2, Sections 15-2-11 and 15-2-12. 2. South Dakota Supreme Court, In re Interest of D.M., 915 N.W.2d 691 (S.D. 2018). 3. South Dakota Supreme Court, In re Interest of M.L., 929 N.W.2d 838 (S.D. 2019). 4. South Dakota Department of Health, Medical Malpractice Statute of Limitations. [Online]. Available: https://www.sd.gov/doh/consumer/patient-safety/medical-malpractice-statute-of-limitations.aspx. [Accessed: 10-Mar-2023].
In light of the patient's dismissed lawsuit, it's crucial for individuals seeking legal remedy for medical malpractice to pay attention to the statute of limitations regarding health-and-wellness issues. While the case in question involved a hysterectomy, understanding the legal timeline for filing medical-conditions related lawsuits is essential, as missing the deadline can lead to dismissal. This case underscores the importance of science and its intersection with law, emphasizing the need for patients to be informed about their rights and responsibilities within the legal system.
