North Dakota law

Medical Malpractice Laws in North Dakota.

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

State law

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.

State law

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.

State law

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.

State law

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.

State law

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.

State law

Official Sources

North Dakota Century Code North Dakota Courts

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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Medical Malpractice Laws in North Dakota.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key North Dakota Statutes

Official Sources

Not Legal Advice

Browse attorneys for this issue in North Dakota.

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