North Dakota

• 6 years. (N.D. Cent. Code §28-01-16)
• Medical malpractice – 2 years with Discovery Rule, but no more than 6 years for reason of non-discovery unless discovery was prevented by defendant’s conduct. Continuous treatment rule applies. (N.D. Cent. Code §28-01-18)

• Noneconomic damages are limited to $500,000. A jury may award unlimited economic damages, but any economic damages award over $250,000 must be reviewed by the court upon a party’s motion. (N.D. Cent. Code §32-03.2)
• Punitive damages – capped at two times compensatory damages or $250,000, whichever is greater. (N.D. Cent. Code §32-03.2-11)

• 2 years with Discovery Rule, runs from date of death unless death from malpractice. (N.D. Cent. Code §28-01-18)

• Noneconomic damages are limited to $500,000. A jury may award unlimited economic damages, but any economic damages award over $250,000 must be reviewed by the court upon a party’s motion. (N.D. Cent. Code §32-03.2)
• Punitive damages – capped at two times compensatory damages or $250,000, whichever is greater. (N.D. Cent. Code §32-03.2-11)

• North Dakota Department of Health
• Health Facilities
• Adult Protective Services Division
• Aging Services Division
• Long Term Care Ombudsman

• Vulnerable Adult Protection Services – (N.D. Cent. Code §50-25.2)

• Special Focus Facilities: The Worst Nursing Homes Of All

I get a large number of questions from nursing home patients and families regarding focused on finding the 'best' facilities available.  For some reason, I get an even larger number of people who ask me who the 'worst' facilities are.  Maybe there's some sport associated with identifying these facilities? But for to today, let's feed the need to identify the poor performing nursing homes-- the Special Focus Facilities.

If you are a nursing home operator or employee the Special Focus Facility (SFF) is definitely a club you want no part of.  Rather, the SFF was created by The Centers for Medicare & Medicaid(CMS) as an assemblage of facilities that deserve special recognition for the inadequate care they typically provide to their patients. 

• New Government Report Demonstrates Alarming Number Of Criminals Caring For Elderly In Nursing Homes

I had to do a double-take when I saw some nursing home staffing statistics referenced in a report released by the Office of the Inspector General (OIG).  An alarming 92% of nursing homes across the country have at least one criminal-- in one form or another-- working at the facility.

In calculating this disturbing statistic, 260 nursing homes were randomly selected from the almost 16,000 nursing homes that receive Medicare funding.  Lists of current employees were then compared with data from FBI criminal records.

• Medical Facilities Are Not Doing Enough To Prevent Pressure Ulcers On Patients' Heels

Surprisingly, heel pressure sores are poised to overtake the buttocks as the most common area of the body where pressure sores develop. 

While the underlying causes of heel-related pressure sores remain similar to their peers:

• mmobility
• Friction
• Shear
• Unrelieved pressure

These factors combined with the physical structure of the foot make the heel area particularly susceptible to developing pressure sores in both the acute care (hospitalization) and long-term setting (nursing homes).