North Dakota Medical Malpractice Laws
North Dakota medical malpractice claims have a 2-year statute of limitations with a 6-year statute of repose. The state caps noneconomic damages at $500,000 (upheld as constitutional by the North Dakota Supreme Court in 2019). Before filing suit, parties must make a good-faith effort to resolve the claim through alternative dispute resolution. North Dakota follows the same comparative fault rules as other personal injury cases.
Last verified: 2026-02-26
Statute of Limitations
Medical malpractice claims must be filed within 2 years of the injury or its discovery. However, all claims must be filed within 6 years of the date the malpractice occurred, regardless of when the injury was discovered.
Exceptions
If the injury was not immediately discoverable, the 2-year period runs from the earlier of the date the injury was discovered or should have been discovered.
No medical malpractice action may be commenced more than 6 years after the act or omission, providing an absolute outer deadline regardless of discovery.
Fault & Liability Rules
The same comparative fault rules apply as in general personal injury. If the patient is 50% or more at fault (rare in medical malpractice), they recover nothing.
Damage Caps
Noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life) in medical malpractice cases are capped at $500,000, regardless of the number of defendants or claims. Upheld as constitutional by the North Dakota Supreme Court in Condon v. St. Alexius Medical Center (2019).
There is no cap on economic damages (medical bills, lost wages, future care costs). However, economic damages awards over $250,000 may be reviewed for reasonableness.
Filing Requirements
Before filing a medical malpractice lawsuit, the claimant and healthcare provider must make a good-faith effort to resolve all or part of the claim through alternative dispute resolution such as mediation or arbitration.
Key North Dakota Statutes
Limits noneconomic damages in medical malpractice actions to $500,000. This cap applies regardless of the number of healthcare providers sued or claims brought.
Requires a good-faith effort at alternative dispute resolution before filing suit. This is not a formal screening panel — North Dakota does not have pretrial medical malpractice screening panels.
Patients have the right to informed consent before treatment. Failure to obtain informed consent may serve as a basis for a malpractice claim.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Dakota.
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