North Dakota’s $500,000 cap on awards for pain and suffering and other non-economic damages in medical malpractice lawsuits is constitutional, the state’s highest court ruled.
The court in 1978 struck down on equal protection grounds a $300,000 global cap on damages, and the state Legislature in 1995 instituted the higher limit. This time the court found no violation because the cap doesn’t apply to awards for economic damages, such as medical expenses and lost wages.
The previous ruling “cited the ‘drastic limitation on recovery’ that a $300,000 cap on all damages in medical malpractice cases represented in finding the cap ...
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