North Dakota

North Dakota Medical Malpractice Laws

There is a limit on noneconomic damages in the amount of $500,000. Economic damages in excess of $250,000 are subject to court review. The statute of limitation is two years after the claim for relief has accrued but not more than six years after the incident unless concealed by fraud. For minors under age 18, the statute of limitations is extended to 12 years. There is several liability unless the defendants acted in concert or aided or encouraged the act or ratified or adopted the act for their benefit. There is no limitation on attorney fees. Periodic payments may be ordered by the court for continuing institutional or custodial care that are expected to be required for more than two years (the trier of fact must determine the amount for institutional or custodial care). The claimant must serve on the defendant an affidavit containing an expert opinion supporting a prima facie case of medical malpractice.

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