North Dakota Medical Malpractice Statute of Limitations

If a physician fails to properly diagnose an illness or injury, does not provide the appropriate treatment, or fails to provide care in a reasonable timeframe, he/she may be subject to a lawsuit.  A patient can seek damages for care that is required because of his/her negligence.  In addition, if a loved one dies unnecessarily, the doctor can be on the wrong end of a malpractice claim.  However, each state has their own set of rules and regulations.  In North Dakota, economic damages that exceed $250,000 may be reviewed.

Time Limits for Filing a Claim

Most, if not all states have a statute that limits the time a patient has to file a malpractice lawsuit.  The amount of time between injury or death and the claim must be reasonable.  In North Dakota, a claim must be filed with 2 years of when an injury should have been noticed.  If the problem is discovered well after the event, the limit is still 6 years.  In the event of a minor who has been injured, he/she may not have the limitations extended for more than 12 years, before seeking compensation.

Negligence Laws

In most states, the negligence laws assign responsibility to the health care providers involved in the action.  If more than one individual is being sued for damages, North Dakota assigns equal responsibility.  Therefore, if one defendant cannot pay, the other defendant(s) is responsible for paying the entire amount awarded by the court. For further information specific to the state of North Dakota, see the chart below:

Award Limits in North Dakota

Some states put a cap on the amount of money the plaintiff can gain from a malpractice lawsuit.  In North Dakota, the amount for pain and suffering, or non-economical damages cannot exceed $500,000.  If the amount awarded is for economical reasons, there is no specific limit.  However, if the amount is more than $250,000, it is subject to review by the court.  In other words, a judge can verify that the award is truly justified.

Legal Help

If you have suffered an injury or death in the family because of malpractice, you are entitled to damages.  The money can be used to help pay for any subsequent medical costs and care.  In addition, you can seek restitution, if an income earner becomes disabled or dies.  However, in order to make sure you are well prepared to go to court and get exactly what you deserve, you will need professional legal help.