ND law limiting malpractice damages declared unconstitutional

ND law limiting malpractice damages declared unconstitutional | Insurance Business

ND law limiting malpractice damages declared unconstitutional
A district judge in North Dakota has ruled that a law that limited damages in medical malpractice cases is unconstitutional.

The ruling was passed in a case involving a 35-year-old woman from Fort Yates who suffered a debilitating stroke due to a botched surgery procedure at a Bismarck hospital, CHI St. Alexius Health. Last April, a jury awarded Chenille Condon $3.5 million.

The Bismarck Tribune reported that South Central District Judge Cynthia Feland denied a motion from CHI St. Alexius Health to reduce the jury’s verdict under a law that restricted damages for such things as suffering and emotional stress to $500,000.

Feland ruled that the law infringes equal protection guaranteed by the state constitution by subjectively reducing damages for claimants who suffer the most grievous injuries.

The Bismarck Tribune additionally noted that CHI St. Alexius Health is exploring its legal options.


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