Collateral Source Rule A party found liable can apply to the court for a reduction of economic damages to the extent that the economic loss has been paid by a collateral source. However, it is within the jury's discretion to grant pre-judgment interest for tort claims. Patient Compensation Funds and Physician Insurance North Dakota has established the North Dakota Medical Malpractice Mutual Insurance Company. The North Dakota plan creates a cap on the liability of its policyholders. Immunities North Dakota has abolished governmental tort immunity as it relates to all political subdivisions, including counties, townships, cities, and any other units of local government, but not the state government.
Political subdivisions are also immune from liability for punitive or exemplary damages.
Suits against political subdivisions must be brought within three years from the time the cause of action accrued. Political subdivisions may form self-insurance pools. Such a pool arrangement will not affect the liability limits of a participating government entity. Before bringing a claim for medical malpractice, the claimant's attorney must inform the claimant about all alternative dispute resolution options available to him. Similarly, upon notice of a claim, defense counsel must inform the health care provider about the alternatives.