Health Justice Transformation - North Dakota

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$500,000 cap on non-economic damages. Economic damage awards in excess of $250,000 are subject to judicial review for reasonableness.

Joint Liability for Multiple Defendants

Yes. Defendants are only responsible for their proportional share of negligence, except in cases of conspiracy.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Defendant may apply to the court for a reduction of economic damages based on collateral sources of payment.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. In cases where future economic damages will be awarded for continuing care lasting for more than two years, a party may request periodic payments. The court has the discretion to grant periodic payments.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration is not mandated but all parties must make a good faith effort to resolve the dispute via some sort of ADR prior to filing a lawsuit.

Standards for Expert Testimony/Witness

None