Medical Malpractice Statute of Limitations in North Dakota

Last verified 2026-07 · Source: N.D.C.C. § 28-01-18(3) ✓ verified · 3 sources

If you're researching medical malpractice claims in North Dakota, the single most important number is 2 years. That's how long N.D.C.C. § 28-01-18(3) gives you to file a medical malpractice claim, counted from the date the malpractice claim accrues, meaning when the injury is discovered or should have been discovered with reasonable diligence. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.

North Dakota Deadlines for Related Claims

When the Clock Starts

In North Dakota, the limitations period for medical malpractice claims generally begins on the date the malpractice claim accrues, meaning when the injury is discovered or should have been discovered with reasonable diligence. North Dakota recognizes a discovery rule for this claim type: The two-year period runs from discovery of the injury, but an absolute six-year statute of repose bars any action against a physician or licensed hospital regardless of non-discovery, unless the provider's fraudulent conduct prevented discovery.

Exceptions That Can Extend the Deadline

• Minors: the clock is generally paused while the injured person is under 18.
• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: Against a political-subdivision hospital, written notice within 180 days under N.D.C.C. § 32-12.1-04; claims against the State are governed by N.D.C.C. ch. 32-12.2
• Damage caps: Yes - noneconomic damages capped at $500,000 under N.D.C.C. § 32-42-02, though the cap has been challenged and held unconstitutional as applied to catastrophically injured plaintiffs by a district court

North Dakota requires the plaintiff to serve an expert opinion affidavit supporting the negligence claim within three months of filing the action, or the case is dismissed (N.D.C.C. § 28-01-46).

Source: N.D.C.C. § 28-01-18(3), official North Dakota statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for North Dakota government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How North Dakota Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed North Dakota attorney.