Legal Environment 5th Edition by Jeffrey Beatty,Susan Samuelson

Exercise 5

As "The Oculist's Case" indicates, the medical profession has faced a large number of lawsuits for centuries. In Texas, a law provides that, so long as a doctor was not reckless and did not intentionally harm a patient, recovery for "pain and suffering" is limited to $750,000. In many other states, no such limit exists. If a patient will suffer a lifetime of pain after a botched operation, for example, he might recover millions in compensation. Which rule seems more sensible to you - the "Texas" rule or the alternative?