Limitation on damages for medical malpractice.
In any action for damages for
personal injury or death alleging malpractice against any physician licensed pursuant to chapter 36-4,
chiropractor, optometrist, podiatrist, dentist, dental hygienist, dental assistant, hospital, critical access
hospital, registered nurse, licensed practical nurse, certified registered nurse anesthetist, clinical
nurse specialist, nurse practitioner, nurse midwife, or physician's assistant, or against the
practitioner's corporate, limited liability partnership, or limited liability company employer based
upon the acts or omissions of the practitioner, under the laws of this state, whether taken through the
court system or by binding arbitration, the total general damages which may be awarded may not
exceed the sum of five hundred thousand dollars. There is no limitation on the amount of special
damages which may be awarded. This section applies only to causes of action arising from injuries
or death occurring after July 1, 1976. However, in the case of chiropractors, it applies only to the
causes of action arising from injuries or death occurring after July 1, 1978. In the case of
optometrists, it applies only to causes of action arising from injuries or death occurring after July 1,
2002. In the case of podiatrists, it applies only to causes of action arising from injuries or death
occurring after July 1, 2005.
Source: SL 1976, ch 154, §§ 1, 2; SL 1978, ch 154; SL 1985, ch 167; SL 1986, ch 172; SL 1997,
ch 123, § 2; SL 2002, ch 99, § 1; SL 2005, ch 119, § 1.