We put a great deal of trust in our doctors and medical professionals. We expect internists, surgeons, radiologists, and other experts to give us the care we need and lessen our health problems as much as possible. So when you’re still in pain months after a procedure, or a doctor brushed off your concerns only to have your problem worsen, it feels shocking—almost like a betrayal.
Many North Dakotans live with chronic pain or ongoing health issues and are able to manage symptoms and maintain a decent quality of life. But when these health problems are the result of a doctor’s negligence, you shouldn’t be expected to just “deal with it.” You should seek compensation for your suffering.
At the Lowe Law Group, we know that you’re more than your health problems. We know that what you’re going through affects your entire life, preventing you from enjoying time with your family or doing your best at work. Our goal is to get you the maximum compensation so you can have some peace of mind and reduce your medical debt
One of the most common questions we get about medical malpractice is whether clients have a case at all. It’s a very complex area of law, and many people don’t realize that the health issues they experience could be a result of negligence.
These cases happen more often than you think, however. One in three physicians gets sued for medical practice at least once during their careers, according to the American Medical Association.
In order to have a valid claim, you need to show that a medical provider made a mistake, such as a misdiagnosis, surgical error, incorrect treatment, or inadequate medication prescription. Researchers from Johns Hopkins found that diagnostic errors are the most common malpractice insurance claims, and are the most catastrophic and most costly of medical mistakes.
You also need to show that you’ve suffered real harm (physical, emotional, financial, etc.), and that the medical error was the direct cause of this harm.
In North Dakota, you also need another doctor in a similar field to confirm the first provider’s error in an “expert affidavit.” In other words, proving a medical malpractice claim is complex, with several factors at play.
You should strongly consider contacting a lawyer if:
We can provide you with a free case evaluation, no strings attached. Our Bismarck personal injury attorneys will listen to your story and help you understand what your options are.
A problem we often see with medical malpractice cases in Bismarck, Mandan, and the surrounding areas is waiting too long to take legal action after a medical error.
It’s understandable: you’re struggling with health issues or chronic pain or countless doctor’s visits, so your focus is on your health. You’re probably trying to find answers or get treatment to alleviate your symptoms, and maybe haven’t stopped to think about the legal possibilities.
Our personal injury attorneys know what you’re going through, but unfortunately, the courts and insurance companies are less understanding. In North Dakota, you have two years to file a medical malpractice claim from the date you became aware of the medical error (or from the date when you should have become reasonably aware). In some cases, this limit can be extended depending on circumstances.
The state also has a hard deadline limit for medical malpractice lawsuits, which is six years. Basically, the two-year limit is to give patients time to act, while the six-year limit is intended to protect medical providers from legal action years and years after the fact.
Medical malpractice cases are legally complex, medically technical, and highly contested. Without counsel advocating your best interests, you and your family could easily lose out on justice and compensation you deserve.
To succeed in a medical malpractice claim, you must prove multiple legal elements:
These pieces of evidence require meticulous documentation, expert medical testimony, and a detailed legal strategy that most individuals don’t have the training or experience to handle on their own.
North Dakota has strict legal rules for malpractice cases that can affect whether a case is even allowed to go forward:
A skilled lawyer ensures these deadlines and steps are handled correctly so a claim isn’t dismissed on a technicality.
Hospitals, doctors, and their insurers typically have lawyers protecting their interests and significant resources to defend against claims. They often argue that outcomes were due to underlying conditions or acceptable risk, not negligence.
Medical records and testimony from neutral medical experts are essential to explain whether care fell below accepted standards. This is where Lowe Law Group shines: we have full-time medical experts on staff to assist with researching your case. Our multidisciplinary approach gives us better insights on your specific situation and allows us to present your case more effectively.
Our medical malpractice clients are usually facing:
The Lowe Law Group attorneys can quantify these losses (both economic and non-economic) and help you fight for compensation that truly reflects the impact the malpractice has had on your life.
The pattern is clear: property owners know better, yet they prioritize convenience or cost savings over safety. When their negligence causes your injury, we hold them accountable.
Winning a medical malpractice claim isn’t a matter of luck—it takes strong evidence, thorough preparation, and sound legal strategy. To recover compensation, you’ll need expert testimony, compelling documentation, and a clear causal link between the negligent act and your harm.
Most medical malpractice claims are resolved through settlement negotiations rather than jury trials, with 96.9% of paid claims settling outside of court according to an analysis by two Cornell Medical College researchers.
Whether in negotiations or at trial, strong evidence and an experienced attorney make all the difference in maximizing your chances of success.
Not every bad medical outcome is malpractice. To determine whether a situation rises to medical practice, you need these four key elements:
Some of the most common examples of medical malpractice cases in North Dakota are:
Not every negligent act will result in a valid malpractice lawsuit, but malpractice claims almost always involve negligence that crosses a legally defined threshold of harm.
North Dakota law places limits on the amount of non-economic damages that a plaintiff can recover in a medical malpractice case: $500,000, regardless of the number of defendants or claims in the same lawsuit.
Non-economic damages are the things that are more difficult to quantify, such as pain and suffering, loss of enjoyment of life, or emotional distress. Economic damages, on the other hand, usually have a clearer monetary value—hospital bills, rehabilitative care, and lost paychecks due to inability to work can be reasonably quantified.
While noneconomic damages are capped at $500,000, economic damages don’t have a limit (although amounts exceeding certain thresholds may be subject to court review).
Winning a slip and fall case requires more than just showing you got hurt. We need to prove the property owner’s negligence caused your injury. Insurance companies and defense attorneys will look for any reason to deny or minimize your claim, which is why we build cases that leave no room for doubt.
At Lowe Law Group, we don’t treat medical malpractice claims as abstract legal problems; we treat them as real-life injuries with real-world consequences for you and your family. Our team is deeply rooted in the Bismarck-Mandan area, and we focus on securing meaningful compensation for clients throughout central North Dakota:
Our attorneys combine local insights with national malpractice experience to hold negligent providers accountable and secure the justice our clients deserve. We can help you and your family no matter which medical facility you were treated in, including St. Alexius Medical Center, Sanford Health, Vibra Hospital, and any private or public clinic.
When you choose Lowe Law Group to represent your medical malpractice claim, you can expect:
We handle medical malpractice cases on a contingency fee basis, meaning we only get paid when you do. Our focus is always on maximizing your recovery and helping you move forward with confidence.
Medical malpractice happens when a healthcare provider, like a doctor, nurse, or hospital, fails to provide the standard of care that a reasonably competent provider would under similar circumstances, and that failure causes you harm. To be actionable, the mistake must go beyond an ordinary error; it must lead to actual injury.
Medical malpractice can arise from a variety of situations, including:
Any of these can form the basis of a claim if the mistake deviated from accepted standards and caused you harm.
Not always. Many medical malpractice cases settle through negotiation with the provider’s insurance company. But if you can’t reach a fair settlement, your attorney will prepare your case for trial and represent you in court.
Yes. If medical negligence results in a wrongful death, eligible family members can file a wrongful death claim to seek damages for losses like funeral expenses, lost income, and loss of companionship. Your attorney can explain who qualifies and how these claims work in North Dakota.
Start by gathering your medical records and contacting an experienced medical malpractice lawyer as soon as possible. Don’t delay; key deadlines apply, and a lawyer can help preserve your rights while you focus on recovery.
Medical malpractice cases generally require proof of duty, breach, causation, and damages. This means showing that a provider owed a duty of care, failed to meet the accepted standard, caused the injury, and that the patient suffered actual harm. Expert testimony is often important in proving these elements.
It may be worth pursuing a malpractice claim if a doctor’s negligence caused serious harm, additional treatment, lasting injury, or major financial losses. These cases are often complex and usually require expert review. A malpractice lawyer can assess whether the facts support a claim and what damages may be available.
Misdiagnosis and delayed diagnosis are often cited as some of the most common forms of medical malpractice. Other frequent issues include surgical errors, medication mistakes, birth injuries, and failure to treat a condition properly. A malpractice lawyer can review whether a provider’s actions fell below the accepted standard of care.
Inadequate medical care can cause you or a loved one long-term discomfort, pain, or even permanent disability. At Lowe Law Group, we offer personalized, no-risk case evaluations so you can understand your options, explore your legal rights, and pursue the compensation you deserve. Our Bismarck team of attorneys know how to navigate these challenging cases and will be with you every step of the way.
Your priority now is to heal. Ours is to win your case. Here’s our 3-Step Approach:
Let us listen to your story. We’ll provide a free, no pressure case evaluation.
Our team handles everything: the legal process, gathering paperwork, reviewing your medical treatment, and more.
We win your case and maximize your compensation or we don’t get paid, guaranteed.
I was hit on my MOTORCYCLE by a PODS TRUCK in June, yep, you read that right, PODS TRUCK. I was fortunate to walk away, but knew I needed a lawyer for an accident of this magnitude. Now, let me start by saying I don’t trust lawyers, never have. But had to put my differences aside and trust this GROUP of LAWYERS from a different state…
I was hit on my MOTORCYCLE by a PODS TRUCK in June, yep, you read that right, PODS TRUCK. I was fortunate to walk away, but knew I needed a lawyer for an accident of this magnitude. Now, let me start by saying I don’t trust lawyers, never have. But had to put my differences aside and trust this GROUP of LAWYERS from a different state to handle my affairs. RIGHT AWAY, from the beginning, MARISSA REED, WAS A ROCKSTAR!!! Made me feel at ease and answered all of my ridiculous questions like a VETERAN. Now, this has taken almost 9 months to complete, and it was well worth the wait. Marissa Reed took my settlement to a PLACE WHERE ONLY EAGLES SOAR BABY!! I GOT WAAAAY MORE than expected all thanks to the LOWE LAW GROUP AND FIERY MARISSA REED. Thank you Marissa, for ALL YOU DID FOR ME, AND ALL MY STUPID QUESTIONS. I’m alive, have a HEFTY settlement to spend and am more than thankful for these LAWYERS!! MY ATTITUDE HAS CHANGED FOR THE BETTER ON THEM! HELL YA!!
-Christian W.
Washington
I was hit by a trailer that crossed the median while I was driving on the highway which not only destroyed my car, but I have had to deal with a concussion, neck and back pain along with other PTSD issues. Life happens, some events alter your life, and it can be difficult to adjust. Lowe Law Group is the absolute best. If you want someone who’s gonna be in your c…
I was hit by a trailer that crossed the median while I was driving on the highway which not only destroyed my car, but I have had to deal with a concussion, neck and back pain along with other PTSD issues. Life happens, some events alter your life, and it can be difficult to adjust. Lowe Law Group is the absolute best. If you want someone who’s gonna be in your corner and help you out big time. I HIGHLY recommend them. They made it so much easier, and they don’t care just about money. They want you to be able to get the help you need to recover. Specifically, James Brandenburg has been so helpful and relatable. Where other companies have made me feel just like a number, he has made me feel like a friend.
-Maia. C
Idaho
I have been working with Lowe Law Group since May 2023. I was in a terrible head on collision and have been undergoing coming up on 2 years of medical treatment. I have had 3 case managers throughout the 2 years and have been working closely with Cassi these last few months and she has been amazing. She keeps me updated on whats going on with my…
I have been working with Lowe Law Group since May 2023. I was in a terrible head on collision and have been undergoing coming up on 2 years of medical treatment. I have had 3 case managers throughout the 2 years and have been working closely with Cassi these last few months and she has been amazing. She keeps me updated on whats going on with my case and is doing everything in her power to ensure the best outcome. She has come up with ideas my other two case managers had not that will benefit me in the long run! Its so nice to be able to feel taken care of and having a team backing you.
– Hailey B. Washington
I was in my car waiting at a stoplight when I was rear ended hitting my head, giving me whiplash, and a concussion. It also reaggravated other injuries I was making progress on. Cyra at Lowe Law Group was great jumping right into my case. She was professional and did well in keeping me informed of the process and updating me as needed. There were some challe…
I was in my car waiting at a stoplight when I was rear ended hitting my head, giving me whiplash, and a concussion. It also reaggravated other injuries I was making progress on. Cyra at Lowe Law Group was great jumping right into my case. She was professional and did well in keeping me informed of the process and updating me as needed. There were some challenges in dealing with the culpable party but Lowe Law I believe was able to get me the best settlement possible given all the circumstances and would recommend to anyone who has been involved in an accident.
– Nick W. Colorado
I had a wonderful experience with Lowe law group after my accident. They were great and my case manager Cyra was an absolute ANGEL to work with!! Highly recommend.
I cannot say enough, good things about Heather at Lowe Law Group! From the very beginning, she was a beacon of kind…
I cannot say enough, good things about Heather at Lowe Law Group! From the very beginning, she was a beacon of kindness, compassion, and professionalism. She truly cares about her clients, and her empathy shines through in every interaction. Heather made a potentially overwhelming process feel effortless, guiding me with such care and attention to detail that I always felt completely supported and understood. It’s rare to meet somebody who combines such warmth with incredible expertise, but Heather doesn’t flawlessly. She’s truly a gem, and I am beyond grateful for everything she has done!
Giselle was always kind. I love how she always communicated with me through this whole process. If I didn’t understand…
Giselle was always kind. I love how she always communicated with me through this whole process. If I didn’t understand something , She would explained it in terms that I could. I give Giselle and Lowe Law Group a 5 star rating. I highly recommend this Law Group if you are needing one. Thank you to everyone for your time consuming and hard work.😀
After one of the worst things that has happened to my daughter or me, Harmony was able help me work throug…
After one of the worst things that has happened to my daughter or me, Harmony was able help me work through it in every aspect I needed. From the first day we spoke she worked was so kind, honest and she worked hard for us and went above and beyond. Giving me space when I needed it encouraged me to talk when I needed to. She helped me get medical information, check out the boxes of requirements, find a counselor, and More behind-the-scenes I don’t even know about. I NEVER FELT ALONE, it stopped being my battle and it became her’s.This whole process took maybe five months and at the beginning I guessed this would be over one year. I really appreciate her and because of her work! If I ever meet someone who has an unfortunate accident, I will give them the contact information for Lowe Law Group and song their/ Harmony’s praises! THANK YOU HARMONY!
Being in a car accident and dealing with everything from the car damage to the injuries and everything in between is very…
Being in a car accident and dealing with everything from the car damage to the injuries and everything in between is very stressful. I am so grateful for everyone at Lowe Law for helping me every step of the way. Kaitlyn kept me updated on the progress of the case and answered all the questions I had. Jason and Pete are very knowledgeable and explained each step and helped guide me throughout the process. I would highly recommend them to anyone who has been in a car accident.
Thanks to Ethan for his gentle persuasion and persistent efforts.
…
Thanks to Ethan for his gentle persuasion and persistent efforts. I am very grateful to have the burden shifted to the real professionals. I might even be able to ski this winter as I expect to be recovered from this accident by the time Powder Mountain has enough snow.
Thank You Olga Baranova ( I mention you first and foremost due to the fact you were my case manager, and whom I had prima…
Thank You Olga Baranova ( I mention you first and foremost due to the fact you were my case manager, and whom I had primary contact with.) And to all who worked for me, with me, & on my behalf. For the knowledge, expertise & professionalism applied .. I not only applaud you all .. I thank you all. Wishing Blessings Bountiful To All As well as Good Health, Good Fortune Kind Regards Marc Goulet & Family.
Marissa Reed IS AWESOME!! Took 1+yrs. Difficult client & case she made it look easy. A True Professional. Need more like Marissa!!! THANK YOU SO MUCH!!!!
I answered an advertisement for this law group. I had fired the first attorney. So I retained Lowe Law Group, and Maris…
I answered an advertisement for this law group. I had fired the first attorney. So I retained Lowe Law Group, and Marissa Reed was my contact person. She could not help me but pointed me in the right direction. No charge. Thank you Marissa. I very much recommend this Law Group.
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