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Heated committee hearing on raising North Dakota’s medical malpractice cap; proponents and health providers spar over effects
Summary
The House Judiciary Committee heard more than two hours of testimony on House Bill 1349, which would raise non‑economic damages caps in medical malpractice cases and phase in higher limits.
The House Judiciary Committee heard more than two hours of testimony on House Bill 1349, which would amend Section 32‑42‑02 of the North Dakota Century Code to raise limits on non‑economic damages in medical malpractice actions and to add a delayed effective date and expiration for phased increases.
Representative Ben Koppelman, the bill sponsor, told the committee the current cap — enacted in 1995 at $500,000 — has not been indexed to inflation. He said the legislature should consider whether a fixed cap remains fair and noted that the intent of any cap is to balance injured patients’ compensation against insurance and access concerns.
Nut graf: Victims’ advocates and plaintiffs’ attorneys urged substantial increases, arguing the present cap does not reflect inflation or families’ needs after catastrophic injuries; hospitals, insurers and medical groups warned that large increases or elimination would sharply…
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