North Dakota

Statute of Limitations

Medical Claim Generally:

A medical malpractice claim “ must be commenced within two years after the claim for relief has accrued. … However, the limitation will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or hospital.” [North Dakota Century Code § 28-01-18]

Minors:

The statute of limitations for medical malpractice claims against minors is 12 years from the date of the alleged malpractice. This is an extension from the general two-year statute of limitations for medical malpractice claims. 

Wrongful death:

For wrongful death claims, the cause of action shall not accrue until the date of death. [North Dakota Century Code § 28-01-18]

Damage Caps

North Dakota limits noneconomic damages to $500,000 [North Dakota Century Code § 32-42-02]

Attorney Fee   Caps

The amount of fees of attorneys in civil actions must be left to the agreement, express or implied, of the parties. Section 28-26-01

Pre-suit 

Requirements

Within three months of filing your medical malpractice lawsuit, you must serve the defendant an affidavit containing an admissible expert opinion to support your case. The affidavit must identify the name and business address of the expert, indicate the expert’s field of expertise, and contain a brief summary of the basis for the expert’s opinion.

Expert

Qualifications

North Dakota only requires the general rules for experts that the testimony must be relevant and reliable. [North Dakota Rules of Evidence Rule 702]

Negligent

 Credentialing Claims

North Dakota has not explicitly recognized negligent credentialing. [Davenport v. University of North Dakota (2011)]