Every state, including North Dakota, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In North Dakota, the standard deadline is two years. While North Dakota recognizes a discovery rule which may extend the period of limitations to two years from the date the injury was or should have been discovered, no action can be brought more than six years after the date of injury. Different rules may apply if the claimant is a minor, legally insane, or imprisoned when the cause of action accrues. In those cases, the statute is tolled (delayed) during the period of disability, but can not be extended more than five years specifically for the insane or imprisoned, or more than twelve years for a minor who has filed a medical malpractice claim. If time is extended, the action must be brought within one year after the disability ceases.
North Dakota has adopted the doctrine of modified comparative negligence. Under this doctrine, a claimant’s action is barred if his fault equals or exceeds the combined fault of all others who contributed to the injury. Otherwise, the claimant’s recovery is diminished in proportion to his degree of fault.
In 2016, North Dakota had 3,895 licensed physicians within a population of 757,952 residents, equaling 514 physicians for every 100,000 people. Medical malpractice suits in 2015 were 21.5 per 100,000 residents, with a total payout of $2.8 million. In 2015, North Dakota ranked 25th in medical malpractice lawsuits. The most common four types of medicine practiced as of 2016 were family medicine/general practice, internal ,medicine, emergency medicine and anesthesiology. According to Medscape, North Dakota is the 8th best state in which to practice medicine. A study by WalletHub found that North Dakota has the lowest malpractice award payout amount per capita.
• Industry Average Cost of a North Dakota Medical Malpractice Insurance Policy: $8,388
• Is Medical Malpractice Insurance Required in North Dakota? No, but protecting assets is recommended.
• Minimum Carrying Requirements in North Dakota: None, but as mentioned it is highly recommended.
• What are the medical malpractice damage caps in North Dakota? The state has a $500,000 noneconomic damage cap for medical malpractice cases.
• What is the “statute of limitations” for a medical malpractice complaint? 2 years, North Dakota Century Code section 28-01-18 • Malpractice suits per 100,000 residents: 21.5
Total payout: $2.8 million (264.99 percent)