South Dakota Nursing Home Lawsuit How to File a South Dakota Nursing Home Abuse Lawsuit Reviewed by Julie Rivers, MBA Eldercare Advocate & Expert Home / Nursing Home Legal Advice / Nursing Home Lawsuit / South Dakota Nursing Home Lawsuit Quick Answer A South Dakota nursing home lawsuit may be an option if a resident suffers serious abuse, neglect, or wrongful death in a long-term care facility. Families can take action to protect loved ones and pursue accountability. Learn how these lawsuits work, what signs to look for, and how to report elder abuse in facilities across South Dakota. Get a Free Case Review Understanding South Dakota Nursing Home Abuse Lawsuits A South Dakota nursing home lawsuit allows families to take legal action against facilities or staff members who cause serious harm or death. These claims seek justice for different types of nursing home abuse, like neglect, physical injuries, sexual assault, and more. For example, in Sioux Falls, a nurse gave a 73-year-old patient the wrong drug — one of 26 medication errors in six months. He died two days later. “I can still see Fred lying in the bed as they shut each little machine off. They clicked four of them, and then the love of my life was gone.” – South Dakota widow of a man who died from nursing home malpractice Nursing homes are trusted to keep residents safe and protect them from harm. When a facility or its staff fails to do so, a South Dakota nursing home abuse lawyer can work to hold the at-fault parties accountable. The Nursing Home Abuse Center has a network of attorneys who have secured over $314 million for families impacted by neglect and abuse. They never charge upfront or hourly costs. See if a top nursing home lawyer can fight for you with a free, no-obligation case review. Get a Free Case Review by Fight back against nursing home abuse and neglect — start now with a free case review. Start My Free Case Reviewor call (855) 264-6310 South Dakota Nursing Home Lawsuit Compensation Compensation from South Dakota nursing home lawsuits is paid out through settlements and trial verdicts. Most families secure money from out-of-court settlements, which often provide faster access to financial support than trials do. Did You KnowOne family received a $160,000 South Dakota nursing home lawsuit settlement after their loved one was injured while being transported to a medical appointment. A skilled lawyer can gather strong evidence and fight to secure maximum compensation from a South Dakota nursing home abuse lawsuit as quickly as possible. Get started right now by calling us at (855) 264-6310 or Click to Live Chat. Benefits of Filing a South Dakota Nursing Home Lawsuit Filing a South Dakota nursing home lawsuit helps families seek compensation and take action to prevent more residents from suffering similar harm. By filing a South Dakota nursing home lawsuit, you may be able to: Hold negligent facilities accountable for mistreating those in their care Push for better safety and care standards in nursing homes Seek compensation for medical bills, relocation costs, funerals, and more A South Dakota nursing home abuse or neglect lawsuit may allow you to get closure so you can work toward healing and moving forward. Facilities may also be motivated to improve their safety policies or hire more qualified staff in the face of a South Dakota nursing home lawsuit. Types of South Dakota Nursing Home Lawsuits It’s possible to file nursing home lawsuits in South Dakota for various reasons, including serious injuries, untreated illnesses, and the wrongful death of a resident. South Dakota nursing home lawsuits may involve: Bedrail injuries Dehydration or malnutrition Elopement (exiting the facility unnoticed) Fractures or broken bones Injuries caused by nursing home falls Medication errors or overmedication Nursing home medical malpractice Poor diabetic care Pressure ulcers, like stage 4 bedsores Sepsis due to untreated infections Sexual abuse by staff or other residents Wrongful death To file a South Dakota nursing home abuse lawsuit, an attorney must collect evidence showing the facility violated its duty to care for you or your loved one, causing harm. Steps in South Dakota Nursing Home Lawsuits Nursing home lawsuits move through several key stages before reaching a resolution. Understanding the process can help you feel more prepared and confident every step of the way. A South Dakota nursing home abuse lawsuit typically involves: A free legal consultation: Top nursing home abuse lawyers provide free case reviews to see if you may be able to take legal action. Evidence collection: Your legal team will investigate your case and gather evidence like medical records, nursing home logs, and witness testimony. Paperwork preparation: Using the evidence collected, your attorney will build a strong case and file your South Dakota nursing home abuse lawsuit before any legal deadlines. Settlement negotiations: Your lawyer will work to recover the compensation you deserve outside of court through a settlement. Almost all nursing home lawsuits reach settlements. Court representation: In the rare event that a settlement isn’t reached, your team can fight for a payout through a nursing home abuse trial verdict. A lawyer can handle all the work related to a South Dakota nursing home lawsuit and provide legal advice and emotional support every step of the way. With your legal team advocating for your family’s best interests, you can focus on your loved one’s recovery and moving forward after abuse or neglect. Who Can File a South Dakota Nursing Home Lawsuit? Victims of nursing home abuse or their loved ones may be able to take legal action if a facility caused harm through neglect, injury, or wrongful death. You may qualify to file a South Dakota nursing home lawsuit if you are a: Victim of abuse: A resident who was harmed in a nursing home or care facility Family member: A spouse or relative of someone injured or neglected in care Estate representative: An executor or legal representative appointed after a resident’s death Some nursing home residents, especially those with dementia, may not be able to file a claim on their own. In these cases, a person with power of attorney may be able to file on their behalf. When Should I File a South Dakota Nursing Home Lawsuit? The best time to file a nursing home lawsuit is as soon as possible. Laws known as statutes of limitations limit the time you have to take legal action against a nursing home. The statute of limitations for a South Dakota nursing home abuse lawsuit is usually 6 years from the date of the injury and 2 years from the date of a loved one’s death. By acting quickly, you can prevent evidence from being lost or altered, such as witness testimony, signs of physical injuries like bruises, security camera footage, and more. Don’t wait to find out if you can file a South Dakota nursing home lawsuit. Get started with a free case review. Worried About Nursing Home Abuse or Neglect?When you're ready to act, here’s what to expect:1. Spot Red Flags Before It’s Too Late Look for bedsores, confusion, weight loss, fear, or silence. 2. Reach Out to Our Team, Day or Night Speak with a trained advocate who listens and understands. 3. Our Legal Partners File Your Lawsuit We handle the paperwork and figure out who’s responsible. 4. You Get Help — and Money If We Win Receive financial compensation and get justice. Start My Free Case Review Elder Abuse Laws in South Dakota South Dakota has strict elder abuse laws in place to protect older adults from abuse, neglect, and exploitation. These laws apply to anyone age 65 or older and adults with disabilities who cannot care for themselves. Adult Protective Services (APS) investigates reports of mistreatment and works to ensure the safety and well-being of vulnerable adults. Under Chapter 22-46, both criminal penalties and civil remedies may apply to abusers. South Dakota recognizes many forms of elder abuse, including: Emotional abuse: Verbal attacks, unreasonable confinement, humiliation, or threats Exploitation: Taking control of money, property, or legal documents for personal gain Neglect: Failing to provide food, water, shelter, or medical care Physical abuse: Hitting, restraining, or intentionally causing injury or fear Mandatory reporters like doctors, nurses, caregivers, and law enforcement must report suspected abuse within 24 hours. Those who fail to report can face criminal charges. Reports can be made to local law enforcement, the state’s attorney, or the South Dakota Department of Human Services through Dakota at Home. All reports are confidential, and good-faith reporters are protected from liability. South Dakota Nursing Home Lawsuit Service Areas The lawyers and law firms that we have partnered with can help families throughout the state file lawsuits. Our South Dakota service areas may include: Aberdeen Agar Akaska Alcester Ashton Astoria Aurora Baltic Batesland Belle Fourche Beresford Big Stone City Bison Blackhawk Bowdle Box Elder Bradley Brandon Bristol Brookings Bullhead Burbank Burke Canistota Canton Centerville Chamberlain Cherry Creek Chester Claire City Colman Colome Colonial Pine Hills Cresbard Custer Dakota Dunes Deadwood Dell Rapids Draper Eagle Butte Eden Edgemont Elk Point Eureka Faith Flandreau Fort Pierre Gayville Gettysburg Harrisburg Hartford Herreid Holabird Hot Springs Huron Kennebec Lead Lennox Madison Martin Midland Milbank Mission Mobridge Norris North Eagle Butte North Sioux City North Spearfish Pierre Pine Ridge Rapid City Rapid Valley Ralph Redfield Rosebud Scotland Sioux Falls Sisseton Spearfish Springfield Sturgis Summerset Tea Vermillion Volga Watertown Webster Winner Yankton Zipcodes: 57001 57002 57003 57010 57012 57013 57014 57016 57017 57028 57029 57031 57036 57042 57051 57059 57069 57071 57073 57103 57201 57213 57217 57219 57221 57224 57232 57246 57301 57311 57312 57313 57314 57317 57321 57322 57325 57339 57345 57362 57365 57368 57401 57428 57435 57437 57442 57450 57452 57501 57520 57521 57528 57531 57532 57551 57552 57555 57560 57601 57620 57621 57622 57625 57632 57701 57714 57717 57722 57730 57735 57754 Show More Even if your area is not listed, call the Nursing Home Abuse Center right now at (855) 264-6310 to see if we can help. Get Help Filing a Nursing Home Lawsuit Filing a nursing home abuse lawsuit is easier with the right legal team. Skilled attorneys can handle the paperwork and deadlines, so families like yours don’t have to take on added stress. The Nursing Home Abuse Center works with a team of attorneys who have recovered over $314 million for families nationwide. The nursing home abuse attorneys we work with never charge any upfront costs or hourly fees and can handle the entire legal process on your behalf. Call the Nursing Home Abuse Center at (855) 264-6310 right now or get a free case review to see if you may qualify to file a South Dakota nursing home lawsuit. South Dakota Nursing Home Lawsuit FAQsWhat evidence is needed for a successful nursing home lawsuit in SD?To succeed in a South Dakota nursing home lawsuit, families usually need medical records, witness statements, and other proof showing the facility caused harm. A lawyer can gather this evidence and bring in experts to explain how the abuse or neglect led to the resident’s injuries. We work with top nursing home abuse lawyers who may be able to help your family. Get a free case review to see if we can connect you. How do you prove nursing home negligence?To prove nursing home negligence, you must show that the facility had a duty to care for the resident, failed to meet that duty, and caused harm as a result. This often involves medical records, witness accounts, and expert testimony to connect the neglect to the injury. A skilled nursing home neglect lawyer can work to prove negligence and hold the facility accountable. What is an example of negligence in a nursing home in South Dakota?A common example of nursing home negligence in South Dakota is when staff fail to regularly reposition a bedridden resident, leading to painful bedsores. These wounds are often preventable and can result in serious infections or death. New or worsening bedsores may be a sign that basic care is being neglected. How do I file a complaint against a nursing home in South Dakota?The most effective way to report nursing home abuse in South Dakota is to contact the South Dakota Department of Health, Office of Health Care Facilities Licensure & Certification at 605‑773‑3356, which handles complaints about abuse, neglect, or poor care. Additionally, you may be able to file a South Dakota nursing home lawsuit with the help of a skilled attorney. Call the Nursing Home Abuse Center right now at (855) 264-6310 to get started. Nursing Home Abuse Support TeamLast modified: August 5, 2025Reviewed by:Julie Rivers, MBAEldercare Advocate & ExpertFact-CheckedEditorJulie Rivers is an eldercare advocate with over 15 years of dedicated service to victims of nursing home abuse and neglect. Her journey in this field became deeply personal when she assumed the role of an unpaid caregiver during her mother’s battle with Alzheimer’s disease. Written by:The Nursing Home Abuse Center TeamThe Nursing Home Abuse Center (NHAC) was founded to bring justice to those affected by nursing home and elder abuse. Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect. View Sources Rau, J. & Hwang, I. (2025). Even grave errors at rehab hospitals go unpenalized and undisclosed. Retrieved from https://kffhealthnews.org/news/article/for-profit-rehab-hospitals-errors-unpenalized-undisclosed-cms/. South Dakota Department of Human Services (DHS) (n.d.). Adult Protective Services. Retrieved from https://dhs.sd.gov/en/ltss/adult-protective-services. South Dakota Legislature. (n.d.). Chapter 22-46. Abuse, neglect, or exploitation of elders or adults with disabilities. Retrieved from https://sdlegislature.gov/Statutes/22-46.