Judge Rules North Dakota Law Limiting Malpractice Damages Unconstitutional

January 11, 2018

A state district judge has ruled that North Dakota’s law limiting damages in medical malpractice cases is unconstitutional.

The Bismarck Tribune reports the ruling came in a case involving a Fort Yates woman who suffered a disabling stroke due to a botched surgery at a Bismarck hospital. A jury last April awarded 35-year-old Chenille Condon $3.5 million.

South Central District Judge Cynthia Feland has denied a motion from CHI St. Alexius Health to reduce the jury’s verdict under a law that puts a $500,000 limit on damages for such things as suffering and emotional distress.

Feland ruled the law violates equal protection guaranteed by the state constitution by arbitrarily reducing damages for people who suffer the most severe injuries.

CHI St. Alexius Health says it’s exploring legal options.

Topics Legislation

Was this article valuable?

Here are more articles you may enjoy.

Latest Comments

  • January 16, 2018 at 7:08 am
    Tax Cuts 4 PolaRich Bears says:
    Addendum; TrumPresident is replacing / appointing judges at a record pace across the US with conservative justices.
  • January 16, 2018 at 7:07 am
    Tax Cuts 4 PolaRich Bears says:
    @Tim; the judges ruling will only hold up in liberal states. Note Florida's struggle with this issue over the last decade resulted in similar limitation - - - on what I belie... read more
  • January 16, 2018 at 7:02 am
    Tax Cuts 4 PolaRich Bears says:
    @UW; LOL! logic and facts aren't your strong point. Gun ownership wasn't 'legislated from the bench'. The article topic is 'med mal liability award limitations' Enjoy your sol... read more

Add a CommentSee All Comments (8)Add a Comment

Your email address will not be published. Required fields are marked *

*

More News
More News Features