North Dakota (ND) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in North Dakota.
Damage Cap
$500,000 non-economic damages
Statute of Limitations
2 years from the act or omission
Discovery Rule
North Dakota applies the discovery rule, tolling the statute until the plaintiff discovers or should have discovered the injury, subject to a 6-year statute of repose.
Pre-Filing Requirements
No mandatory pre-filing requirements, but expert testimony is required to establish the standard of care.
Average Settlement
$150,000 - $350,000
Average Verdict
$250,000 - $800,000
Key Facts About North Dakota Medical Malpractice Law
- 1North Dakota caps non-economic damages at $500,000 in medical malpractice cases.
- 2The state follows a modified comparative fault system with a 50% bar.
- 3North Dakota does not require pre-suit screening panels or certificates of merit.
- 4Punitive damages are available but require clear and convincing evidence of oppression, fraud, or malice.
Need Help with a North Dakota Medical Malpractice Case?
If you believe you have a medical malpractice claim in North Dakota, it is important to act quickly. The statute of limitations in North Dakota is 2 years from the act or omission. Most medical malpractice attorneys offer free initial consultations.