Condon v. St. Alexius Medical Center

Jensen, Justice.

*140 [¶1] Dr. Allen Booth and St. Alexius Medical Center appeal from a district court judgment finding North Dakota's noneconomic damages cap in medical malpractice cases unconstitutional. Dr. Booth and St. Alexius also argue the district court erred in denying a motion for a new trial. We reverse in part, affirm in part, and remand for a reduction of the award of noneconomic damages.

I

[¶2] On May 29, 2012, Chenille Condon gave birth to a child at St. Alexius Medical Center. Within hours, Condon complained about chest discomfort and shortness of breath. A pulmonary embolism was…