TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, January 11, 2018

ND: State Judge Rules Med Mal Cap Unconstitutional

In 1995, North Dakota passed a $500,000 cap on non-economic damages in medical malpractice cases.  Recently a state judge refused to apply the cap and reduce a non-economic damages award by $1 million:

[Judge] Feland ruled the 1995 law violates equal protection guaranteed by the state constitution by arbitrarily reducing damages for people who suffer the most severe injuries.

Feland wrote that the law's legislative record offered no explanation for how the $500,000 cap was chosen or how it would accomplish the Legislature's health care reform goals.

"The greater the harm caused by the negligent doctor, the greater the discount," said Tom Conlin, Condon's attorney. "The cap fell hardest on stay-at-home moms, the young and those who couldn't prove large economic loss."

CHI St. Alexius Health said on Tuesday that it's exploring legal options.

U.S. News has the story.

Legislation, Reforms, & Political News | Permalink


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