What laws govern medical device injury lawsuits?

In South Dakota, medical device injury lawsuits are governed by the same state laws and civil procedures that govern any other type of personal injury lawsuit. In general, this means that a medical device injury lawsuit must be filed within a certain amount of time, known as the statute of limitation, after the date of injury, and the plaintiff must be able to prove that the injury was caused by the medical device or its manufacturer. South Dakota also has special state laws that apply to medical device injury lawsuits. For example, the South Dakota Statute of Products Liability dictate that a manufacturer of a product, such as a medical device, must be held liable for damages if it is found that the product was manufactured in a way that made it dangerous or defective, or if it did not include a warning about any potential risks. Additionally, South Dakota courts have held that a manufacturer must be held liable for any injuries caused by medical devices that have been tampered with, used in a way that is not specified by the manufacturer, or used beyond the “intended purpose” specified by the manufacturer. Finally, South Dakota’s legislature has passed several laws that limit the amount of damages that can be claimed by a victim in a medical device injury case. For example, a plaintiff may only collect damages related to the physical injury and the cost of necessary medical treatment, not for pain and suffering or loss of income. However, plaintiffs are still able to recover punitive damages in some cases.

What laws govern medical device injury lawsuits?

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