The South Dakota Supreme Court rules against a woman suing Avera Health because she missed a filing deadline by a single day.
The patient received a hysterectomy from Avera doctors on Dec. 14, 2021 when she experienced bleeding after giving birth. The patient alleges she only gave consent for an exploratory procedure and that she said she did not want a hysterectomy.
She filed a lawsuit on Dec. 15, 2023, two years and one day after the operation.
South Dakota law has a two-year statute of limitation on lawsuits against health care providers. Avera moved to dismiss the case, and a lower court ruled in the provider's favor.
The patient appealed, arguing a calendar year included leap years — meaning she should have had an extra day to file the suit. She also argued aspects of the procedure lasted longer than a day, noting she was no discharged until Dec. 18.
The state Supreme Court unanimously ruled in Avera’s favor citing legislative guidance and the Black Law Dictionary definition of a calendar year.