Reevaluating South Dakota's Medical Malpractice Damages Cap

South Dakota Codified Law section 21-3-11 limits damages recoverable in medical malpractice actions. The cap limits non-economic damages to $500,000, regardless of the jury’s award. The South Dakota Supreme Court upheld the constitutionality of the cap in Knowles ex rel. Knowles v. United States (In re Certification of Questions of Law). This article argues this cap not only constrains the jury’s role in the judicial process but also impacts plaintiffs who suffer severe injuries and require compensation beyond economic losses. This article argues the cap does not align with fundamental principles of fairness and negatively affects both physicians and plaintiffs. By exploring alternative solutions, this article proposes options that aim to even the judicial playing field for malpractice victims—while still discouraging meritless claims—respecting the interests of all parties involved.