Medical Malpractice Rules in North Dakota
The deadline to file a medical malpractice claim in North Dakota, the discovery rule, and caps on damages.
Short answer: Two years after the claim accrues. The deadline against a physician or licensed hospital cannot be extended by late discovery beyond six years after the act or omission, unless the physician or hospital's fraud prevented discovery. N.D. Cent. Code §§ 28-01-18(3), 28-01-25
| Medical malpractice deadline | Two years after the claim accrues. The deadline against a physician or licensed hospital cannot be extended by late discovery beyond six years after the act or omission, unless the physician or hospital's fraud prevented discovery. For a minor, the extension for infancy in professional malpractice cases is limited to twelve years. |
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| Medical malpractice caps | Noneconomic damages in a health care malpractice case are capped at $500,000 in total for the claimant and family members, no matter how many providers are sued. The jury is not told of the cap; the court reduces any larger award. Before suing, the parties must make a good-faith effort to resolve the claim through alternative dispute resolution. |
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FAQ
What is the statute of limitations for medical malpractice in North Dakota?
Two years after the claim accrues. The deadline against a physician or licensed hospital cannot be extended by late discovery beyond six years after the act or omission, unless the physician or hospital's fraud prevented discovery. For a minor, the extension for infancy in professional malpractice cases is limited to twelve years.
Is there a cap on medical malpractice damages in North Dakota?
Noneconomic damages in a health care malpractice case are capped at $500,000 in total for the claimant and family members, no matter how many providers are sued. The jury is not told of the cap; the court reduces any larger award. Before suing, the parties must make a good-faith effort to resolve the claim through alternative dispute resolution.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.