North Dakota Medical Malpractice Damages Cap Ruled Unconstitutional

 

A judge has found a North Dakota law limiting damages in medical malpractice cases to be unconstitutional.

In a case involving a woman who was disabled due to a surgery at CHI St. Alexius Health, South Central Judicial District Judge Cynthia Feland denied a motion from the hospital to reduce a jury’s verdict.

A jury last April awarded Chenille Condon, 35, of Fort Yates, $3.5 million after finding cardiac and thoracic surgeon Dr. Allen Michael Booth negligently performed a surgery on Condon that caused a serious stroke in 2012.

The jury decided Condon deserved $2 million for economic losses, such as medical expenses and lost earnings, and $1.5 million for noneconomic damages, including pain, suffering, physical impairment and emotional distress.

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