North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1349

Introduced
1/13/25  
Refer
1/13/25  

Caption

Liability limits for health care malpractice actions or claims.

Impact

If enacted, HB 1349 would significantly alter the landscape for health care malpractice claims in North Dakota by restricting the amounts plaintiffs can claim for noneconomic damages. This is typically compensation for pain and suffering rather than actual financial losses. The bill proposes increments to the liability limits over time, which may influence the behavior of healthcare providers and insurance companies operating within the state, potentially leading to a decrease in malpractice insurance premiums and other related costs.

Summary

House Bill 1349 seeks to amend and reenact section 32-42-02 of the North Dakota Century Code, specifically related to the liability limits for health care malpractice actions or claims. The bill proposes that the total compensation available for noneconomic damages in such cases be capped at one million dollars, with scheduled annual adjustments. The bill explicitly excludes cases brought on behalf of unborn fetuses from these limitations and outlines that juries should not be informed of these caps during their deliberations.

Sentiment

The sentiment surrounding HB 1349 appears to be mixed, with some stakeholders emphasizing the need for such reforms to limit excessive damages that they argue could deter medical professionals from practicing in the state. In contrast, opponents of the bill may express concerns about the fairness and adequacy of damages for victims of malpractice. The divisiveness of the issue reflects broader national conversations about tort reform and the balance between protecting businesses and ensuring justice for injured parties.

Contention

One notable point of contention surrounding HB 1349 is the ethical implications of limiting damages for victims of malpractice. Advocates for patients' rights argue that caps on noneconomic damages fail to account for the real impacts of medical errors on individuals and families, potentially undermining the ability of the justice system to provide adequate redress. This ongoing debate underscores the complexities of tort reform, highlighting the tension between public health policy and individual rights.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1284

Liability limitations of charitable organizations; to provide an effective date; and to declare an emergency.

ND SB2282

Limitations on civil actions alleging sexual assault, sexual abuse, gross sexual imposition, or childhood sexual abuse, and the notice requirement for claims against the state.

ND SB2236

The personal liability of charitable organization employees; and to provide for application.

ND HB1091

Family foster care for children licenses, certifications, and approvals, and identified and kinship relatives; and to provide for a report to legislative management.

ND HB1371

Agricultural definitions, ownership exceptions for beekeeping, agriculture support services, livestock backgrounding and feedlot operations, raising or producing of livestock by persons that have limited landholdings, and required reporting for corporate farming; to provide a penalty; and to declare an emergency.

ND SB2053

Terminology pertaining to state troopers.

ND HB1003

Matching grants for legal education and the workforce education advisory council; to provide for a transfer; to provide for a legislative management study; to provide loan authorization for the Mayville state university old main project; to provide for a report; to provide an exemption; to provide legislative intent; and to declare an emergency.

ND SB2252

Judicial referees; and to provide an effective date.

ND SB2243

The transferability, revocation, and suspension of licenses for a mobile home park, small claims court jurisdiction, and required disclosures to tenants residing in a mobile home park; and to provide a penalty.

ND HB1165

The health division, a biennial report, and reporting sexually transmitted diseases.

Similar Bills

No similar bills found.