# Title 32 — Judicial Remedies

## Chapter 32-42 — Alternative Dispute Resolution

### § 32-42-01. Definitions.

In this chapter:
1. "Alternative dispute resolution" means the resolution of a health care malpractice 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
person on whose behalf the claim is alleged, including the decedent in the case of an
action brought through or on behalf of an estate.
3. "Health care malpractice action" means a claim for relief brought against a health care
provider, or other defendant joined in the action, regardless of the theory of liability on
which the claim is based, in which the claimant alleges a health care malpractice
claim.
4. "Health care malpractice claim" means a claim brought against a health care provider
or other defendant joined in a claim alleging that an injury was suffered by the claimant
as a result of health care negligence or gross negligence, breach of express or implied
warranty or contract, failure to discharge a duty to warn, or failure to obtain consent
arising from the provision of or failure to provide health care services.
5. "Health care negligence" means an act or omission by a health care provider which
deviates from the applicable standard of care and causes an injury.
6. "Health care provider" means a person who is licensed, certified, or otherwise
authorized by the law of this state to administer health care in the ordinary course of
business or practice of a profession.
7. "Injury" means an injury, illness, disease, or other harm suffered by an individual as a
result of the provision of health care services by a health care provider.
8. "Noneconomic damage" means damage arising from pain; suffering; inconvenience;
physical impairment; disfigurement; mental anguish; emotional distress; fear of injury,
loss, or illness; loss of society and companionship; loss of consortium; injury to
reputation; humiliation; and other nonpecuniary damage incurred by an individual 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 a health care malpractice action or claim, the total amount of compensation
that may be awarded to a claimant or members of the claimant's family for noneconomic
damage resulting from an injury alleged under the action or claim may not exceed five hundred
thousand dollars, regardless of the number of health care providers and other defendants
against whom the action or claim is brought or the number of actions or claims brought with
respect to the injury. With respect to actions heard by a jury, the jury may not be informed of the
limitation contained in this section. If necessary, the court shall reduce the damages awarded by
a jury to comply with the limitation in this section.
### § 32-42-03. Alternative dispute resolution.

1. Before initiating a health care malpractice action, the attorney representing a claimant
shall advise the claimant about all reasonably available alternative dispute 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
potential health care malpractice claim or action, the attorney shall advise the health
care provider about all reasonably available alternative dispute resolution options 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 or
all of the health care malpractice claim through alternative dispute resolution before
the claimant initiates a health care malpractice action.

4. The attorneys for the claimant and health care provider shall state in the pleadings that
they have complied with subsections 1 and 2 and that the parties have complied 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
comply with subsection 3, may award reasonable actual and statutory costs, 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, § 8.
