Shook Public Policy Group Partners Mark Behrens and Cary Silverman have filed an amici brief in a North Dakota Supreme Court case examining the constitutionality of the state’s noneconomic damages cap in health care liability actions.
The brief, filed on behalf of the North Dakota Medical Association, the North Dakota Hospital Association, the American Hospital Association and the American Medical Association, explains that placing reasonable limits on medical liability is sound public policy. The brief discusses the effect of damage limits on lowering insurance costs, increasing access to medical care and reducing the practice of defensive medicine. The brief also surveys other states’ limits on damages, and discusses how the vast majority of them have been upheld by courts.
The case is Condon v. St. Alexius Med. Ctr., No. 20180297 (N.D.).