N.D. law limiting damages in malpractice cases 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.

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