Abstract
In 2011, the North Carolina General Assembly passed General Statute section 90-21.19, statutorily limiting the amount of noneconomic damages medical malpractice plaintiffs can receive, regardless of the jury’s determination. At the time, critics of the law cited constitutional issues with the statute, but now the North Carolina Court of Appeals has finally answered the question: Does the cap violate our sacred and inviolable right to a trial by jury? Although the North Carolina Court of Appeals says no, this Comment argues yes—by inserting itself into the jury box, the General Assembly unduly and unconstitutionally infringes on the ancient mode of trial by jury. This Comment also argues that even if the statutory cap does not violate the right to trial by jury, it functions as a taking under the Fifth Amendment of the United States Constitution; and, further, the cap violates equal protection guarantees by creating an arbitrary classification scheme that necessarily and unfairly impacts low-income plaintiffs.
Recommended Citation
Pierce A. Shipway, No More, No Less: A Constitutional Challenge to North Carolina's Noneconomic Damages Cap in Medical Malpractice Litigation, 48 Campbell L. Rev. 107 (2025).