Is there a limit on medical malpractice damages in North Dakota?
Yes. Just like a number of
states, North Dakota places a limit or “cap” on the amount of compensation that
is available to a plaintiff who has been successful in a medical malpractice lawsuit. In other words, even after a jury holds a defendant liable
for malpractice and awards a plaintiff a certain amount of damages, this law
(fair or not) kicks in to cap the actual amount that the plaintiff will end up
In North Dakota, there is a $500,000
cap on non-economic damages in medical malpractice cases. Non-economic damages include
compensation for things like pain and suffering, emotional distress, and the
loss of enjoyment of life that result from the defendant’s medical malpractice.
Non-economic damages are often described as more “subjective” because they tend
to vary from plaintiff to plaintiff, and they’re not so easy to capture with a
As for economic damages in medical malpractice cases in North
Dakota -- which includes compensation for losses like past and future medical
bills, lost income, lost earning capacity, and other financial harm -- there is
no statutory limit, but any economic damages award over $250,000 may be
challenged by the defendant and reviewed for reasonableness by the court. However,
when such an award is challenged, the defendant has the burden of persuading
the court that the dollar amount does not reasonably reflect the injured
patient’s economic losses.
Learn more about damages in medical malpractice cases.
by: David Goguen, J.D.