The average medical malpractice payment in North Dakota for 2022 was $208,928. Going back to 2004, the average malpractice payment in the database is $260,059.
In 2022, there were 7 medical malpractice payments made in North Dakota. Among all of the various jurisdictions, this ranked number 52 out of 59 in terms of raw numbers, but when viewed in terms of claims per capita, North Dakota ranked number 51 of 59, which includes the 50 states, the District of Columbia, U.S. territories, and Armed Forces populations.
Across the country, the most common allegations giving rise to medical malpractice payments are "Failure to Diagnose" and "Improper Performance." North Dakota is among those jurisdictions for which the top allegation appearing in the database is "Improper Performance." The second most frequent allegation appearing for North Dakota in the database is "Improper Technique."
Among all claims, the vast majority (about 70%) of the payments are associated with care provided by MDs. North Dakota is no exception. The second highest type of healthcare provider associated with malpractice claims in North Dakota is a registered nurse.
In North Dakota, a patient has two years to bring a medical malpractice action. NDCC 28-01-18. North Dakota recognizes a discovery rule that has been interpreted as giving two years from "when the plaintiff knows, or with reasonable diligence should know, of her injury, its cause, and the defendant's possible negligence. Anderson v. Shook, 333 N.W.2d 708 (ND 1983).
The discovery rule cannot extend the time period beyond six years from the act or omission resulting in harm. NDCC 28-01-18.
|2008||North Dakota||$3,950,000||Failure to Identify Fetal Distress|
|2004||North Dakota||$3,750,000||Improper Management|
|2020||North Dakota||$3,450,000||Improper Technique|
|2011||North Dakota||$2,750,000||Improper Management|
|2019||North Dakota||$2,750,000||Improper Technique|
|2005||North Dakota||$2,050,000||Failure to Diagnose|
|2004||North Dakota||$1,950,000||Improper Performance|
|2006||North Dakota||$1,450,000||Failure to Diagnose|
|2013||North Dakota||$1,250,000||Failure to Monitor|
|2004||North Dakota||$1,150,000||Improper Performance|
Average Payment (2004-2022): $260,059
Total Payments in Database (2004-2022): 288
Average Payment (2022): $208,928
Total Number of Payments (2022): 7
Rank in Average Payment (2022): 51
Rank in Number of Payments Per Capita (2022): 51 of 59 Jurisdictions
Most Common Allegation (2022): Improper Performance
Most Common Allegation in 2021: Improper Performance
Most Common Nature of Claim (2022): Treatment Related - 29% of all payments
Type of Provider with Most Payments: Physician (MD)