This Article provides an in-depth look at how the right to trial by jury should remain unabridged by any act of legislation. A state legislature should not have the power to override a jury’s determination and impose an artificial cap on the amount of damages to be awarded. In Estate of McCall v. United States, the plaintiff was originally awarded nearly two million dollars in non-economic damages, but then pursuant to Florida’s statutory cap on medical malpractice damages, the amount was reduced. The right to trial by jury is a fundamental right, and the jury’s right to address damages is an underlying tenant. Florida’s damage cap fails the strict scrutiny analysis, because there is no compelling state interest nor is it fulfilled by the least restrictive means available. In conclusion, the Author suggests that the Florida Supreme Court should strike down the statutory cap on non-economic damages in medical malpractice cases on the ground that it violates the fundamental right to trial by jury.