Medical Malpractice Payouts in South Dakota
In South Dakota, the typical payment was $77,500, based on 828 payments from the National Practitioner Data Bank. That is 21% less than the national figure of $97,500, the 39th highest of 51 states.
- $77,500typical (median)
- $266Kaverage
- 828payments
- 39thof 51 states
What the Records Show for South Dakota
Each public source on its own, with the typical amount, the middle half of all payments and the trend by year.
National Practitioner Data Bank · 1990–2025
$77,500typical payment (median). Half of all payments were between $22,500 and $225,000.
- Payments
- 828
- Total paid
- $220.6 million
- Top 10% above
- $538,000
- All states
- $97,500
Typical amount by year 2025: $310,000 typical, 6 payments
$200K$400K$600KTap or drag across the chart to read a year. Years with at least 5 payments.
Malpractice payments made for doctors and other licensed practitioners, reported to the federal data bank.
The National Practitioner Data Bank records payments made for individual doctors and other licensed practitioners, in the state where they worked. Payments a hospital makes on its own behalf, and claims that ended without a payment, are not in it.
In total, $220.6 million was recorded across 828 payments. One in ten was $538,000 or more.
Payouts in South Dakota by Injury
How badly the patient was hurt, as the data bank records it for payments since 2004.
| Injury | Typical in South Dakota | All states |
|---|---|---|
| Death85 payments | $175,000 | $225,000 |
| Brain damage, paralysis or lifelong care8 payments | $990,000 | $565,000 |
| Major permanent injury39 payments | $495,000 | $395,000 |
| Significant permanent injury52 payments | $330,000 | $245,000 |
| Minor permanent injury62 payments | $80,000 | $97,500 |
| Major temporary injury39 payments | $195,000 | $115,000 |
| Minor temporary injury86 payments | $22,500 | $32,500 |
| Emotional or insignificant injury25 payments | $12,500 | $22,500 |
Payouts in South Dakota by What Went Wrong
The data bank's allegation group. It is not the doctor's specialty: a surgery claim can involve a doctor who is not a surgeon.
| What went wrong | Typical in South Dakota | All states |
|---|---|---|
| Diagnosis185 payments | $105,000 | $175,000 |
| Surgery263 payments | $77,500 | $105,000 |
| Treatment205 payments | $32,500 | $52,500 |
| Childbirth and pregnancy (obstetrics)43 payments | $245,000 | $245,000 |
| Medication65 payments | $97,500 | $77,500 |
| Anesthesia13 payments | $17,500 | $145,000 |
| Monitoring17 payments | $145,000 | $135,000 |
| Equipment or product6 payments | $47,500 | $27,500 |
| Behavioral health5 payments | $97,500 | $72,500 |
| Other22 payments | $25,000 | $42,500 |
1 more group has too few payments in South Dakota for a typical amount.
Settled or Decided in Court in South Dakota
A court judgment is a payment after a trial or court decision. Everything else was settled.
| How it ended | Typical in South Dakota | All states |
|---|---|---|
| Settled814 payments | $77,500 | $97,500 |
| Court judgment14 payments | $87,500 | $205,000 |
How South Dakota Compares With Other States
Typical amount in every state from the same source. Across all states: $97,500.
- under $78K
- $78K–$98K
- $98K–$140K
- $140K and up
- 1Illinois$195,000
- 2Pennsylvania$195,000
- 3Massachusetts$185,000
- 4Connecticut$155,000
- 5Delaware$145,000
- 41Iowa$77,500
- 42North Dakota$77,500
- 43South Dakota$77,500
- 44Colorado$72,500
- 45Michigan$72,500
- 47Washington$67,500
- 48Wisconsin$67,500
- 49Vermont$62,500
- 50Utah$47,500
- 51California$27,500
All 51 states, ranked
- 1Illinois$195,000
- 2Pennsylvania$195,000
- 3Massachusetts$185,000
- 4Connecticut$155,000
- 5Delaware$145,000
- 6District of Columbia$145,000
- 7Florida$145,000
- 8Georgia$145,000
- 9New Jersey$145,000
- 10New York$145,000
- 11Rhode Island$140,000
- 12New Hampshire$135,000
- 13Alabama$125,000
- 14Arizona$125,000
- 15Maine$125,000
- 16Maryland$125,000
- 17Virginia$125,000
- 18Missouri$115,000
- 19Arkansas$110,000
- 20North Carolina$105,000
- 21Alaska$97,500
- 22Hawaii$97,500
- 23Kansas$97,500
- 24Mississippi$97,500
- 25Nebraska$97,500
- 26Nevada$97,500
- 27New Mexico$97,500
- 28Ohio$97,500
- 29Oklahoma$97,500
- 30South Carolina$97,500
- 31Texas$97,500
- 32West Virginia$97,500
- 33Oregon$92,500
- 34Louisiana$87,500
- 35Montana$87,500
- 36Tennessee$87,500
- 37Kentucky$82,500
- 38Wyoming$82,500
- 39Idaho$77,500
- 40Indiana$77,500
- 41Iowa$77,500
- 42North Dakota$77,500
- 43South Dakota$77,500
- 44Colorado$72,500
- 45Michigan$72,500
- 46Minnesota$72,500
- 47Washington$67,500
- 48Wisconsin$67,500
- 49Vermont$62,500
- 50Utah$47,500
- 51California$27,500
About These Numbers
Where the figures come from, how we counted, and how to use them.
- National Practitioner Data Bank: Malpractice payments made for doctors and other licensed practitioners, reported to the federal data bank.
- Typical is the median: half of the records are below it, half above. The average is the total divided by the number of records; a few very large amounts pull it up.
- Not adjusted for inflation. Each amount is counted in the year the source gives for it.
How the explorer counts, source by source
Download the full data set (CSV)
Public records as of October 15, 2026. You can use these figures; please link to this page. $78K is rounded on the map; the tables show exact amounts.
Questions About Medical Malpractice Payouts in South Dakota
Answers from the same records.
What is the average medical malpractice payout in South Dakota?
The typical payment, the median, was $77,500 across 828 payments reported for practitioners in South Dakota from 1990 to 2025. The average, $266,451, is higher than the typical amount because a few very large payments pull it up. Half of all payments were between $22,500 and $225,000.
How much do malpractice cases involving a death pay in South Dakota?
In 85 payments where the patient died, the typical payment was $175,000, against $225,000 across all states. The data bank records injury severity for payments since 2004.
How does South Dakota compare with other states?
South Dakota ranks 39th highest of 51 states for the typical amount. Across all states it was $97,500, so South Dakota is 21% lower.
Have amounts in South Dakota changed over time?
In 2025, the typical amount was $310,000 (6 payments), compared with $205,000 in 2015. Amounts are not adjusted for inflation.
What is not included in these numbers?
The National Practitioner Data Bank records payments made for individual doctors and other licensed practitioners, in the state where they worked. Payments a hospital makes on its own behalf, and claims that ended without a payment, are not in it.
More Records for South Dakota
Other kinds of cases in this state, a calculator for your own case, and the studies behind the numbers.
Other records for South Dakota
Calculators and studies
- Medical malpractice settlement calculatorEstimate a case of your own from the same kind of records
- Malpractice payments in all 50 statesA deeper study built on the same public records
- Why a death settles for less than a severe injuryA deeper study built on the same public records
- Settlement Data ExplorerEvery kind of case, state and source side by side