The Impact of the 2003 Texas Medical Malpractice Damages Cap on Physician Supply and Insurer Payouts PDF Download
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Author: Charles Silver
Publisher:
ISBN:
Category : Physicians
Languages : en
Pages : 17
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Book Description
Author: Charles Silver
Publisher:
ISBN:
Category : Physicians
Languages : en
Pages : 17
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Book Description
Author: David A. Hyman
Publisher:
ISBN:
Category :
Languages : en
Pages : 56
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Book Description
Using claim-level data, we estimate the effect of Texas's 2003 cap on non-economic damages on jury verdicts, post-verdict payouts, and settlements in medical malpractice cases closed during 1988-2004. For pro-plaintiff jury verdicts, the cap affects 47 percent of verdicts, and reduces mean allowed non-economic damages, mean allowed verdict, and mean total payout by 73 percent, 38 percent, and 27 percent, respectively. In total, the non-econ cap reduces adjusted verdicts by $156M, but predicted payouts by only $60M. The impact on payouts is smaller because a substantial portion of the above-cap damage awards were not being paid to begin with. In cases settled without trial, the non-econ cap affects 18 percent of cases and reduces predicted mean total payout) by 18 percent. The non-econ cap has a smaller impact on settled cases than tried cases because settled cases tend to involve smaller payouts. The impact of the non-econ cap varies across plaintiff categories. Deceased, unemployed, and (likely) elderly plaintiffs suffer a larger percentage reduction in payouts than living, employed, and non-elderly plaintiffs. We also simulate the effects of different caps, and find substantial differences in cap stringency across states. Different caps reduce aggregate payouts in tried cases (all cases) by between 16 percent and 65 percent (7 percent and 42 percent). Caps on total damages have especially large effects.
Author: Bernard S. Black
Publisher: Cato Institute
ISBN: 194864780X
Category : Law
Languages : en
Pages : 337
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Book Description
"Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.
Author: Jennifer Arlen
Publisher: Edward Elgar Publishing
ISBN: 1781006172
Category : Law
Languages : en
Pages : 668
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Book Description
Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health
Publisher:
ISBN:
Category : Medical care
Languages : en
Pages : 322
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Book Description
Author: Rosamond Rhodes
Publisher: Oxford University Press
ISBN: 0199744203
Category : Medical
Languages : en
Pages : 577
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Book Description
This unique and comprehensive second edition of an important volume presents writing from renowned authors about achieving social justice in medicine. Each of the 42 chapters addresses continuing and emerging policy challenges facing medicine. They deepen our understanding of theoretical and practical aspects of issues in the contemporary debate.
Author:
Publisher:
ISBN:
Category : Liability insurance
Languages : en
Pages :
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Book Description
Discusses the impact of the medical malpractice liability limits imposed by Texas HB 4 (2003 Regular Session) on: (1) the number of companies writing the insurance in Texas, (2) Texas medical malpractice insurance rates, and (3) the number of physicians practicing in Texas.
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 136
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Author: Charles Silver
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Background. This study is the first to quantify physicians' malpractice insurance limits. It also examines the connection between policy size and payments on claims, including the frequency of settlement at the policy limits and the frequency of out-of-pocket payments. Methods. Statistical analyses using data collected by the Texas Department of Insurance (TDI) covering all insured medical malpractice claims against physicians closed between 1990 and 2003 with payment of $25,000 or more (measured in 1988 dollars). Results. Contrary to conventional wisdom, per-occurrence limits of $500,000 or less were as common as $1 million limits. Nominal policy size was stable over time, but real policy size declined. Settlements at limits were common, and above-limits payments were rare, suggesting policy limits cap recoveries. Physicians infrequently made out-of-pocket payments regardless of policy size, but the frequency declined as policy size increased. Results are presented separately for "perinatal physicians." Conclusions. The reported findings are contrary to common claims in policy debates and in the health policy literature. Policy limits appear to act as de facto caps on recoveries. Further research is needed to determine how the relationship between policy limits and recoveries affects malpractice claim outcomes and physician insuring practices. For a fuller exploration of physician policy limits and out of pocket payments, see Kathryn Zeiler, Charles Silver, Bernard Black, David Hyman & William Sage, Physicians' Insurance Limits and Malpractice Payments: Evidence from Texas Closed Claims, 1990-2003, Journal of Legal Studies (forthcoming 2007), available at http://ssrn.com/abstract=981192.
Author: Thomas J. Micell
Publisher: Edward Elgar Publishing
ISBN: 1781000158
Category : Law
Languages : en
Pages : 383
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Book Description
øOne of the great successes of the law and economics movement has been the use of economic models to explain the structure and function of broad areas of law. The original contributions to this volume epitomize that tradition, offering state-of-the-art
