Medical malpractice in North Dakota
$500,000 noneconomic ceiling
North Dakota medical malpractice claims generally must be filed within two years of discovery-based accrual, are subject to a six-year outer limit from the act in most cases, need a supporting expert affidavit within three months after filing, and face a $500,000 ceiling on noneconomic damages.
Last reviewed September 22, 2026
- Noneconomic cap
- $500,000
- Expert affidavit
- 3 months
- Usual filing window
- 2 years
Total for the injury, across defendants and claims
After the case is commenced, unless extended in time
Six-year repose from the act in most cases
Damage caps
Noneconomic damages for a health care malpractice injury generally may not exceed $500,000 in total, no matter how many defendants or related claims are involved. Economic damages such as medical bills and lost earnings are not capped by that statute.
Not capped
Economic damages
Medical expenses, lost wages, and similar economic compensation remain outside the noneconomic ceiling in section 32-42-02.
Capped
Noneconomic damages
Total noneconomic compensation to a claimant or family members resulting from an injury may not exceed $500,000, regardless of the number of health care providers and other defendants, or the number of actions or claims brought for that injury. The jury is not told the limit. The court reduces the award if needed.
This is a noneconomic ceiling only. It is not a total-damages fund model. Bills that would raise or restructure section 32-42-02 are proposals only until enacted.
The $500,000 figure is an aggregate for the injury. Naming more defendants does not raise it.
Condon v. St. Alexius Medical Center. In 2019, the North Dakota Supreme Court upheld section 32-42-02 against an equal-protection challenge. This page still flags any later constitutional case as something counsel must check.
Filing deadlines
File within two years after you know or should know of the injury, its cause, and possible negligence, and usually no later than six years after the act unless fraudulent concealment applies. Serve the required expert affidavit within three months of starting the case, or timely seek more time for good cause.
- Two-year limitation
A malpractice action must be commenced within two years after the claim accrues. Accrual follows a discovery rule: the injury, its cause, and possible negligence are known or reasonably knowable.
- Six-year repose
Nondiscovery will not extend a limitation against a physician or licensed hospital beyond six years of the act or omission unless the physician's or hospital's fraudulent conduct prevented discovery.
- Death claims
Section 28-01-18(4) uses special accrual language when death results from malpractice. Confirm whether the claim is a wrongful-death claim or a survival claim before relying on the ordinary two-year blurb.
- Expert affidavit
An action alleging professional negligence by a covered provider or facility must be dismissed without prejudice, on motion, unless the plaintiff serves an affidavit containing an admissible expert opinion that supports a prima facie case within three months of commencement. The court may set a later date for good cause if the extension is requested before the three-month period expires. The affidavit must identify the expert, the field, and a brief basis for the opinion. The statute excepts an unintentional failure to remove a foreign substance, a wrong patient, organ, limb, or body part, and other obvious occurrences. Confirm the current exception list before relying on it.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The noneconomic ceiling was upheld
The $500,000 noneconomic ceiling, after Condon, is the valuation headline. Economic damages stay outside it.
Condon v. St. Alexius Medical Center, 2019 ND 113 (opens in a new tab)
The expert affidavit is due quickly
The three-month expert-affidavit deadline is the early process trap. Ask for more time before the three months run, not after.
Late discovery can still be too late
The six-year repose can cut off a late-discovery claim against a physician or licensed hospital unless fraudulent concealment applies. Hoffner v. Johnson describes the discovery rule that starts the two-year clock.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a North Dakota case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
The noneconomic ceiling, expert-affidavit timing, and repose risk often shape North Dakota ranges.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Noneconomic damages in a health care malpractice action are capped at $500,000 in total, regardless of the number of providers or claims for the injury, under N.D.C.C. section 32-42-02. The North Dakota Supreme Court upheld that statute against an equal-protection challenge in Condon v. St. Alexius Medical Center, 2019 ND 113. Economic damages are not capped by that section. Bills that would change section 32-42-02 are proposals only until they are enacted. Malpractice actions generally must be commenced within two years after discovery-based accrual, and nondiscovery will not extend a claim against a physician or licensed hospital beyond six years unless fraudulent conduct prevented discovery, under N.D.C.C. section 28-01-18(3). An expert affidavit supporting a prima facie case generally must be served within three months of commencement under section 28-01-46.
- N.D.C.C. chapter 32-42 (section 32-42-02) (opens in a new tab)Accessed September 22, 2026
- N.D.C.C. chapter 28-01 (sections 28-01-18 and 28-01-46) (opens in a new tab)Accessed September 22, 2026
- Condon v. St. Alexius Medical Center, 2019 ND 113 (opens in a new tab)Accessed September 22, 2026
- Hoffner v. Johnson, 2003 ND 79 (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a North Dakota attorney about the $500,000 noneconomic limit and the three-month expert-affidavit rule.