is the statute of limitations for filing a medical malpractice lawsuit in North
Anyone who wants to to file a medical
malpractice lawsuit in North Dakota first needs to be aware of the statute
of limitations, which is a law that sets a strict limit on the amount of time
you have to get your case started in the state’s civil court system. There are
different deadlines for different kinds of cases.
Like a lot of states, North Dakota has enacted a specific statute
of limitations for medical malpractice lawsuits. You can find this law at North Dakota
Century Code section 28-01-18, and it says that this kind of case must be filed within
two years of the date on which the underlying malpractice was
allegedly committed -- or alternatively, within two years of the date when the patient discovered (or should have
been able to discover) that he or she was injured as a result of a medical professional
or health care facility’s medical error.
important to note that if you are relying on the “discovery” portion of North
Dakota’s two-year filing period, as the plaintiff you have the burden of proving
that you did not discover -- and you could not reasonably have been expected to
discover -- the occurrence of the underlying
malpractice until you actually did.
There is also a larger catch-all filing deadline (known as a
“statute of repose”) in North Dakota, which says that all medical malpractice
lawsuits must be
filed within six years from the date
on which the malpractice occurred. So, once those six years have passed, even if you
didn’t know (and couldn’t have known) that you were harmed by malpractice
during all of that time, your right to file a medical malpractice lawsuit in North
Dakota is lost.
If North Dakota’s statute of limitations filing deadline has
passed and you try to file the case anyway, the defendant will almost certainly
ask the court to dismiss the case, and the court is very likely to grant the
motion. Once that happens, that’s the end of your lawsuit. Get more details on the Statute of Limitations in Medical Malpractice Cases.
by: David Goguen,