North Dakota medical malpractice law
In North Dakota, you generally have 2 years to file a medical malpractice claim from the day the injury was discovered. Caps and rules for 2026.
Sources checked
Malpractice lawyers in North Dakota
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Your deadline: 2 years from when you found out
North Dakota rules at a glance
Work out your deadline- Filing deadline
- 2 years from when the injury was discovered
- Damage caps
- $500,000, regardless of the number of health…
- Before you file
- An expert's sign-off on the claim
- Shared fault
- Modified comparative (50% bar)
Full North Dakota law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2028
- Outer limitMay 7, 2032
- The clock startsWhen you found out, or should have
- Time to start a claim2 yearsMiss it and the claim is usually lost.
- At the very most6 yearsafter the treatment, with a few exceptions
- Pain and sufferingCapped at $500,000,
- All damages togetherNo overall cap
The rules in North Dakota
Filing deadline
2 years
Counted from when the injury was discovered. File within 2 years after the claim accrues. The clock starts when the patient knew or reasonably should have known of the injury and that malpractice may have caused it, and no claim is allowed more than 6 years after the act unless concealed.
Discovery rule
Applies
Yes, inside the 6-year outer limit.
Outer limit
6 years
6 years from the act or omission, unless the provider fraudulently concealed it.
N.D. Cent. Code § 28-01-18(3)
Damage caps
$500,000, regardless of the number of health care providers.
North Dakota caps non-economic damages in health care malpractice cases at $500,000.
Children
Different clock
North Dakota's general tolling statute pauses the clock for minors, within limits; a lawyer should confirm how it applies with the 6-year outer limit.
Affidavit of merit
Required
Within 3 months of starting the suit, serve an expert affidavit identifying the expert and summarizing the standard of care, the breach and causation. Not needed for obvious occurrences such as a retained foreign object or wrong-site surgery.
N.D. Cent. Code § 28-01-46
Notice before suing
Not required
No pre-suit notice requirement.
Shared fault
Modified comparative (50% bar)
Modified comparative fault: barred at 50% or more of the fault
Experts
Expert evidence
The affidavit expert must be qualified to give an opinion on the standard of care and causation.
Checked against secondary summaries citing the 2022 North Dakota Century Code and the MPL Association compendium.
Sources
- North Dakota Medical Malpractice Laws and Statutory Rules, AllLaw (Nolo)
- North Dakota Century Code chapter 28-01, North Dakota Legislative Branch
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in Arkansas (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
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