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Bill > HB1349


ND HB1349

ND HB1349
Liability limits for health care malpractice actions or claims.


summary

Introduced
01/13/2025
In Committee
02/05/2025
Crossed Over
Passed
Dead
05/03/2025

Introduced Session

Potential new amendment
69th Legislative Assembly

Bill Summary

A BILL for an Act to amend and reenact section 32-42-02 of the North Dakota Century Code, relating to liability limits for health care malpractice actions or claims ; to provide an effective date; and to provide an expiration date .

AI Summary

This bill modifies North Dakota's law on liability limits for health care malpractice actions by gradually increasing the cap on noneconomic damages (compensation for pain, suffering, and emotional distress) from $500,000 to $2.5 million over three years. Specifically, the liability limit will increase to $1 million immediately, then rise to $1.5 million on July 1, 2026, $2 million on July 1, 2027, and $2.5 million on July 1, 2028. The bill maintains the existing provision that juries cannot be informed about these damage limitations and that courts must reduce jury awards to comply with the statutory cap. Notably, the liability limits do not apply to malpractice claims brought on behalf of an unborn fetus. The bill sets an effective date of July 1, 2029, and Section 1 of the bill remains in effect through June 30, 2029, after which different provisions may take effect. This gradual increase in malpractice damage limits represents a significant change to North Dakota's medical liability framework, potentially providing more compensation for patients while still maintaining some restrictions on damage awards.

Committee Categories

Justice

Sponsors (8)

Last Action

House Amendment 25.0937.01001 - House Amendment 25.0937.01001 (on 05/16/2025)

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