North Dakota Statute of Limitations for Medical Malpractice
In North Dakota, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: N.D. Cent. Code § 28-01-18(3).
- 2 years from the act or from discovery. 6-year statute of repose.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the act or from discovery. 6-year statute of repose.
General North Dakota Rules
North Dakota provides a generous 6-year statute of limitations for most civil claims, including personal injury. Medical malpractice has a shorter 2-year period with a 6-year statute of repose. The discovery rule applies to medical malpractice and fraud claims.
Other Statutes of Limitations in North Dakota
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in North Dakota?
The statute of limitations for medical malpractice in North Dakota is 2 years. Citation: N.D. Cent. Code § 28-01-18(3).
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When does the clock start for medical malpractice in North Dakota?
2 years from the act or from discovery. 6-year statute of repose.
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Can the statute of limitations for medical malpractice be extended in North Dakota?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.