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Time to Revisit the Standards for Awarding Mental Anguish Damages?

The return of nuclear verdicts to Texas courts (and attorney television advertising) and the recently launched efforts of the medical malpractice plaintiff’s bar to convince the federal courts to strike down Texas’ cap on noneconomic damages in medical liability cases (which is likely to play out over several years) could potentially raise an issue for state lawmakers: is it time to consider codifying at least some objective standards and levels of proof for mental anguish damages?

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