Damage Caps in North Dakota
The state has a $500,000 noneconomic damage cap for medical malpractice cases.
The state has a $500,000 noneconomic damage cap for medical malpractice cases.
The state capped the noneconomic damages cap at $500,000 in 2014, but the Office of State Budget and Management resets it every three years. As of January 1, 2020, the cap for non-economic losses related to medical malpractice is $562,338.
An incident of medical malpractice occurring before December 31, 2014, has a total damage cap (inclusive of economic and non-economic damages) of $2.25 million. Those that took place before this date but after December 31, 2003, have a cap of $1.75 million. Those that took place between December 31, 1992, and December 31, 2003, have
Medical malpractice damages are not capped, but there is a limit of $500,000 in wrongful death cases.
The total amount recoverable from individual healthcare providers cannot exceed $500,000 for acts occurring after June 30, 2019. Malpractice that occurred after June 30, 2019, has a $1.8 million cap on overall damages.
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