South Dakota Codified Laws
Chapter 25B - Arbitration Agreements Relating To Medical Services
Section 21-25B-8 - Time for commencement of claims--Time for commencement of action in circuit court.

21-25B-8. Time for commencement of claims--Time for commencement of action in circuit court.
Claims filed with the health care services arbitration panel may be commenced only within the time prescribed for actions for medical malpractice, error, mistake, or failure to cure, but if the circuit court determines that the matter is not one to be heard by the panel, the claimant shall have thirty days from the date of the decision of the court, or the time remaining under the limitation of action provisions for medical, error, mistake, or failure to cure, whichever is longer, to commence an action in circuit court.

Source: SL 1976, ch 155, ยง25.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 25B - Arbitration Agreements Relating To Medical Services

Section 21-25B-1 - Services covered by arbitration agreements between hospitals or physicians and patients--Termination as to future services--Effect.

Section 21-25B-2 - Parents and fiduciaries authorized to enter arbitration agreements on behalf of others--Nonliability.

Section 21-25B-3 - Warning clause required in arbitration agreement.

Section 21-25B-4 - Health care services arbitration panel created--Composition--Terms--Selection--Replacements.

Section 21-25B-5 - Health care services arbitration account created--Payment required of claimant prior to commencement of arbitration action--Credit to account.

Section 21-25B-6 - Institution of claim--Written statement and receipt--Contents of statement.

Section 21-25B-7 - Joinder of subrogee--Segregation of damages or costs.

Section 21-25B-8 - Time for commencement of claims--Time for commencement of action in circuit court.

Section 21-25B-9 - Claimant bound by arbitration agreement when claim is filed--Defendant bound after twenty days.

Section 21-25B-10 - Appointment of arbitration officer--Qualifications--Filing of papers with officer.

Section 21-25B-11 - Duties of arbitration officer.

Section 21-25B-12 - Service of claim on defendant--Defendant's statement submitted to arbitration officer--Copy to claimant.

Section 21-25B-13 - Three-member panel selected for small claims--Selection process.

Section 21-25B-14 - Five-member panel for large claims--Selection process.

Section 21-25B-15 - Five-member panel for multiple parties--Selection process.

Section 21-25B-16 - Striking selections for five-member panel.

Section 21-25B-17 - Refusal to serve as panel member or arbitration officer--Withdrawal after agreement to serve.

Section 21-25B-18 - Continuation of panel member's service until determination of existing controversy.

Section 21-25B-19 - Disability or disqualification of panel member--Petition for court-appointed replacement--Prior exhibits and testimony available--Recommendation by originally appointing party.

Section 21-25B-20 - Panel members to receive copies of statements.

Section 21-25B-21 - Two-stage hearings--Waiting period between stages.

Section 21-25B-22 - Transcription of hearing--Expert witnesses--Expenses of panel members.

Section 21-25B-23 - Discovery procedures--Evidence--Privilege and confidentiality--Hearings closed to public.

Section 21-25B-24 - Records and files of panel closed to public until judgment--Court order for disclosure--Record filed with clerk of courts.

Section 21-25B-25 - Per diem and expenses of panel members--Compensation of arbitration officer--Payments from health care services arbitration account.

Section 21-25B-26 - Immunity of panel members and arbitration officers for official actions or recommendations.