Free Birth Injury Consultation

(877) 262-9767

En Español
Picture of a baby's fingers wrapped around a parent's thumb

We are dedicated and compassionate

BIRTH INJURY ATTORNEYS

Birth Injury Consultation

=

Obtenga ayuda hoy mismo

=

North Dakota

Image of North Dakota

SOL for Medical Malpractice Claims (Minor Plaintiffs): 12 years

SOL for Medical Malpractice Claims (Parental Claims): 2 years

SOL for Wrongful Death Claims: 2 years

North Dakota Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

12 years: N.D. Cent. Code § 28-01-25(3): In cases alleging professional malpractice, the extension of the limitation due to infancy is limited to twelve years.

North Dakota Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: N.D. Cent. Code § 28-01-18: The following actions must be commenced within two years after the claim for relief has accrued:
3. An action for the recovery of damages resulting from malpractice; provided, however, that the limitation of an action against a physician or licensed hospital will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or licensed hospital. This limitation is subject to the provisions of section 28-01-25.
4. An action for injuries done to the person of another, when death ensues from such injuries, and the claim for relief must be deemed to have accrued at the time of the death of the party injured; provided, however, that when death ensues as the result of malpractice, the claim for relief is deemed to have accrued at the time of the discovery of the malpractice. However, the limitation will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or hospital.

North Dakota Medical Malpractice Claim Caps

N.D. Cent. Code § 32-42-02: $500,000 limit on noneconomic damages.
N.D. Cent. Code § 32-03.2-08: Economic damage awards in excess of $250,000 subject to court review.

North Dakota Statute of Limitations for Wrongful Death Claims

2 years: N.D. Cent. Code § 28-01-18: An action for the recovery of damages resulting from malpractice; provided, however, that the limitation of an action against a physician or licensed hospital will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or licensed hospital.

North Dakota Wrongful Death Claim Caps

Not applicable for the state of North Dakota.


The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A. is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

OK

The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

OK CANCEL