ND's Med Mal Damages Cap Is Unconstitutional, Judge Rules

Law360, Los Angeles (January 10, 2018, 9:33 PM EST) -- A North Dakota judge has ruled that a 1995 state law capping noneconomic damages in medical malpractice cases at $500,000 is unconstitutional, saying it deprives the most catastrophically injured patients of full compensation and thus denies them equal protection of the laws.

South Central Judicial District Judge Cynthia Feland rejected a post-trial bid made by Dr. Allen Michael Booth and his employer, St. Alexius Medical Center, to reduce a portion of a $3.5 million jury verdict pursuant to North Dakota's cap on noneconomic damages in medical malpractice cases, according to a Jan. 5 decision. The jury had found in April that...

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