32-42 Alternative Dispute Resolution
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<![CDATA[CHAPTER 32-42ALTERNATIVE DISPUTE RESOLUTION32-42-01. Definitions. In this chapter:1."Alternative dispute resolution" means the resolution of a health care malpractice<br>claim in a manner other than through a health care malpractice action.2."Claimant" means any person who alleges a health care malpractice claim, and any<br>person on whose behalf the claim is alleged, including the decedent in the case of<br>an action brought through or on behalf of an estate.3."Health care malpractice action" means a claim for relief brought against a health<br>care provider, or other defendant joined in the action, regardless of the theory of<br>liability on which the claim is based, in which the claimant alleges a health care<br>malpractice claim.4."Health care malpractice claim" means a claim brought against a health care<br>provider or other defendant joined in a claim alleging that an injury was suffered by<br>the claimant as a result of health care negligence or gross negligence, breach of<br>express or implied warranty or contract, failure to discharge a duty to warn, or failure<br>to obtain consent arising from the provision of or failure to provide health care<br>services.5."Health care negligence" means an act or omission by a health care provider which<br>deviates from the applicable standard of care and causes an injury.6."Health care provider" means a person who is licensed, certified, or otherwise<br>authorized by the law of this state to administer health care in the ordinary course of<br>business or practice of a profession.7."Injury" means an injury, illness, disease, or other harm suffered by an individual as<br>a result of the provision of health care services by a health care provider.8."Noneconomic damage" means damage arising from pain; suffering; inconvenience;<br>physical impairment; disfigurement; mental anguish; emotional distress; fear of<br>injury, loss, or illness; loss of society and companionship; loss of consortium; injury<br>to reputation; humiliation; and other nonpecuniary damage incurred by an individual<br>with respect to which a health care malpractice action or claim is pursued.32-42-02. Noneconomic damages limited - Reduction of award. With respect to ahealth care malpractice action or claim, the total amount of compensation that may be awarded<br>to a claimant or members of the claimant's family for noneconomic damage resulting from an<br>injury alleged under the action or claim may not exceed five hundred thousand dollars,<br>regardless of the number of health care providers and other defendants against whom the action<br>or claim is brought or the number of actions or claims brought with respect to the injury. With<br>respect to actions heard by a jury, the jury may not be informed of the limitation contained in this<br>section. If necessary, the court shall reduce the damages awarded by a jury to comply with the<br>limitation in this section.32-42-03. Alternative dispute resolution.1.Before initiating a health care malpractice action, the attorney representing a<br>claimant shall advise the claimant about all reasonably available alternative dispute<br>resolution options that may be available to the parties to settle the claim.2.At the earliest opportunity after the attorney for a health care provider has notice of a<br>potential health care malpractice claim or action, the attorney shall advise the healthPage No. 1care provider about all reasonably available alternative dispute resolution options<br>that may be available to the parties to settle the claim.3.The claimant and health care provider shall make a good-faith effort to resolve part<br>or all of the health care malpractice claim through alternative dispute resolution<br>before the claimant initiates a health care malpractice action.4.The attorneys for the claimant and health care provider shall state in the pleadings<br>that they have complied with subsections 1 and 2 and that the parties have complied<br>with subsection 3.5.The court may sanction an attorney who fails to comply with subsection 1 or 2.6.Notwithstanding section 28-26-01, the court, upon a finding that a party refused to<br>comply with subsection 3, may award reasonable actual and statutory costs,<br>including part or all of the attorney's fees to the prevailing party or parties.32-42-04. Effective date. Repealed by S.L. 2009, ch. 65, </p>
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