Contact your Fargo lawyer

Statute of Limitations

Actions must be filed within two years of the date giving rise to the injury, or within two years of the date that the injury was or should have been discovered

Comparative or contributory negligence

modified comparative negligence, a claimant's action is barred if his fault equals or exceeds the combined fault of all others who contributed to the injury

Nature of accused's liability

North Dakota has abolished joint and several liability, except in cases where the defendants acted together or with intent.

Law of contribution

0

Expert testimony standards

North Dakota does not impose special rules on expert testimony.

Limits on compensation

Non-economic damages limited to $500,000. Economic damages in excess of $250,000 are subject to court review.

Limits on attorney fees

none

Collateral Source rule enforced

There is a discretionary offset for payments from collateral sources, except for life insurance, death or retirement benefits, and payments from insurance coverage.

State and local health care providers immune from liabaility

North Dakota has abolished tort immunity for all political subdivisions, including counties, townships, cities, and any other units of local government, but not the state government

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability