North Dakota · Medical Malpractice
North Dakota medical malpractice damage caps and statute of limitations
Refreshed 2026. $500,000 damage cap. 2 years from act or omission. Full breakdown below.
Damage caps
ND Cent. Code § 32-42-02Non-economic damages cap
$500,000
Total damages cap
None
Status
active
Notes
Fixed cap. Initially overturned (2018), then reinstated by ND Supreme Court in Condon v. St. Alexius (2019) on different grounds.
Statute of limitations
ND Cent. Code § 28-01-18Standard SOL
2 years from act or omission
Discovery rule
Limited; runs from when injury was or should have been discovered, but subject to repose
Statute of repose
6 years from act or omission
Minor exception
Tolled during minority; SOL begins at age 18 but subject to 6-year repose
Wrongful death SOL
2 years from date of death
Beyond the lookup: North Dakota venue intelligence
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North Dakota med-mal FAQ
What is the medical malpractice statute of limitations in North Dakota?+
2 years from act or omission. Limited; runs from when injury was or should have been discovered, but subject to repose Statute of repose: 6 years from act or omission. Wrongful death: 2 years from date of death. Source: ND Cent. Code § 28-01-18.
Does North Dakota have a medical malpractice damage cap?+
Non-economic cap: $500,000. Fixed cap. Initially overturned (2018), then reinstated by ND Supreme Court in Condon v. St. Alexius (2019) on different grounds. Source: ND Cent. Code § 32-42-02.
How does North Dakota handle the discovery rule in med-mal cases?+
Limited; runs from when injury was or should have been discovered, but subject to repose
What is the North Dakota minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 18 but subject to 6-year repose
What is the wrongful death statute of limitations for North Dakota medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. North Dakota damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed North Dakota attorney before relying on a deadline. Data refreshed May 2026.