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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

2 years (6-year statute of repose)N.D. Cent. Code § 28-01-18(3)

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

Discovery Rule — 2 years from discoveryN.D. Cent. Code § 28-01-18(3)

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.

Statute of Repose — 6 years from the actN.D. Cent. Code § 28-01-18(3)

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

Modified Comparative Fault (50% Bar)N.D. Cent. Code § 32-03.2-02

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: $500,000N.D. Cent. Code § 32-42-02

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).

Economic Damages: No cap

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

Good-Faith ADR EffortN.D. Cent. Code § 32-42-01

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

Medical Malpractice Damage CapN.D. Cent. Code § 32-42-02

Limits noneconomic damages in medical malpractice actions to $500,000. This cap applies regardless of the number of healthcare providers sued or claims brought.

ADR RequirementN.D. Cent. Code § 32-42-01

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.

Informed ConsentN.D. Cent. Code § 23-12-14

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

North Dakota Century CodeNorth Dakota Courts

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at North Dakota Century Code. For advice about your specific situation, consult a licensed attorney.

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