North Dakota Medical Malpractice Information

What is the average medical malpractice settlement in North Dakota?
The average medical malpractice payment in North Dakota for 2023 was $390,000. Going back to 2004, the average malpractice payment in the database is $262,298.
How many medical malpractice settlements have there been in North Dakota?
In 2023, there were 8 medical malpractice payments made in North Dakota. Among all of the various jurisdictions, this ranked number 52 out of 52 in terms of raw numbers, but when viewed in terms of claims per capita, North Dakota ranked number 51 of 52, which includes the 50 states, the District of Columbia, and Puerto Rico.

What is the most common type of medical malpractice claim in North Dakota?

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 "Failure to Diagnose." The second most frequent allegation appearing for North Dakota in the database is "Failure to Monitor."

Which type of healthcare provider pays the most medical malpractice claims in North Dakota?

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.

A few notes about this: The database only shows which claims were paid and does not include claims that were presented but rejected. Also, the database does not include payments by non-providers like health systems and hospitals. There are also some number of claims that go unreported each year. Finally, the information contained in the reports is self-reported by the providers, their insurance companies, and other provider representatives.

North Dakota Medical Malpractice Payment Amounts By Year

North Dakota Medical Malpractice Payments By Year

Statute of Limitations

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.

The Largest Medical Malpractice Payments for North Dakota (2004-2022)

Year	State	Amount	Allegation
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

North Dakota Statistics at a Glance

Average Payment (2004-2024): $262,298

Total Payments in Database (2004-2024): 300

Average Payment (2023): $390,000

Total Number of Payments (2023): 8

Rank in Average Payment (2004-2024): 39

Rank in Number of Payments Per Capita (2022): 51 of 52 Jurisdictions

Most Common Allegation (2023): Failure to Diagnose

Most Common Allegation (2022): Improper Performance

Most Common Nature of Claim (2023): Diagnosis Related - 38% of all payments

Type of Provider with Most Payments: Physician (MD)

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*The database contains public payment information from 2004 to 2024. While it contains a small amount of information pertaining to the claim giving rise to that payment, it is missing crucial nonpublic information that would certainly affect claim valuation. Past results are no guarantee for future outcomes.

Every medical malpractice case is different. This site is for informational purposes only and does not contain any legal advice. Please discuss your personal situation with an attorney.

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