December 26, 2003

State Bar article questions legality of malpractice caps

A Campbell University law professor, in an article published in the Winter 2003 edition of the Journal of the North Carolina State Bar, is challenging the constitutionality of proposed caps on non-economic, or punitive, damage awards in medical malpractice cases. Professor Alan D. Woodlief Jr. says he believes such caps may run afoul of three areas protected by the state constitution - the right to trial by jury in civil cases, the right to an open hearing, and the right to equal protection. Posted by Webmaster at December 26, 2003 01:45 AM