South Dakota - The state's cap on non-economic damages is being challenged in a law suit this month.  South Dakota limits how much a plaintiff can recover for non-economic damages like pain and suffering in a personal injury suit to $500,000. The Martin family of Pine Ridge claims their baby daughter suffered severe brain damage last year because of a local hospital's negligence and that the damages they have suffered amount to more than $500,000.  The family is looking to challenge the constitutionality of the case by taking it to the State Supreme Court. The cap came about in the 1970's when the insurance company who back South Dakota's doctors threatened to leave the state.  It has led to victims of negligence and malpractice to be turned away by attorneys because the cases are too expensive to argue and too difficult to win. If you have been the victim of medical malpractice, contact the Appleton personal injury lawyers of Habush, Habush, & Rottier S.C. at 800.472.9334 to discuss your case and further legal options.