North Dakota Medical Malpractice Information

  • What is the average medical malpractice settlement in North Dakota?

    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.

  • How many medical malpractice settlements have there been in North Dakota?

    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.

  • 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 "Improper Performance." The second most frequent allegation appearing for North Dakota in the database is "Improper Technique."

  • 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)

YearStateAmountAllegationFull Report
2008North Dakota$3,950,000Failure to Identify Fetal Distress
2004North Dakota$3,750,000Improper Management
2020North Dakota$3,450,000Improper Technique
2011North Dakota$2,750,000Improper Management
2019North Dakota$2,750,000Improper Technique
2005North Dakota$2,050,000Failure to Diagnose
2004North Dakota$1,950,000Improper Performance
2006North Dakota$1,450,000Failure to Diagnose
2013North Dakota$1,250,000Failure to Monitor
2004North Dakota$1,150,000Improper Performance

North Dakota Statistics at a Glance

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)

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