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Dedicated and Compassionate Birth Injury Attorneys Serving Clients Nationwide. Call us today at
(877) 262-9767 for a confidential consultation.

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.

Discuss Your Potential Birth Injury Claim With Our Attorneys

If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.