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How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas

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  • Myungho Paik
  • Bernard S. Black
  • David A. Hyman
  • William M. Sage
  • Charles M. Silver

Abstract

The elderly account for a disproportionate share of medical spending, but little is known about how they are treated by the medical malpractice system, or how tort reform affects elderly claimants. We compare paid medical malpractice claims brought by elderly plaintiffs in Texas during 1988--2009 to those brought by adult non-elderly plaintiffs. Controlling for healthcare utilization (based on inpatient days), elderly paid claims rose from about 20% to about 40% of the adult non-elderly rate by the early 2000s. Mean and median payouts per claim also converged, although the elderly were far less likely to receive large payouts. Tort reform strongly affected claim rates and payouts for both groups, but disproportionately reduced payouts to elderly claimants. We thus find evidence of convergence between the elderly and the adult non-elderly in both claim rates and payouts, which is interrupted by tort reform. Copyright 2012, Oxford University Press.

Suggested Citation

  • Myungho Paik & Bernard S. Black & David A. Hyman & William M. Sage & Charles M. Silver, 2012. "How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas," American Law and Economics Review, American Law and Economics Association, vol. 14(2), pages 561-600.
    • Handle: RePEc:oup:amlawe:v:14:y:2012:i:2:p:561-600
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    File URL: http://hdl.handle.net/10.1093/aler/ahs017
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    Cited by:

    1. Virginia Rosales & Dolores Jiménez-Rubio, 2017. "Empirical analysis of civil litigation determinants: The Case of Spain," European Journal of Law and Economics, Springer, vol. 44(2), pages 321-338, October.
    2. Myungho Paik & Bernard Black & David A. Hyman, 2013. "The Receding Tide of Medical Malpractice Litigation: Part 1—National Trends," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(4), pages 612-638, December.
    3. Patricia H. Born & J. Bradley Karl, 2016. "The Effect of Tort Reform on Medical Malpractice Insurance Market Trends," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(4), pages 718-755, December.
    4. Myungho Paik & Bernard Black & David Hyman, 2013. "The Receding Tide of Medical Malpractice Litigation: Part 2—Effect of Damage Caps," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(4), pages 639-669, December.
    5. Myungho Paik & Bernard S. Black & David A. Hyman & Charles Silver, 2012. "Will Tort Reform Bend the Cost Curve? Evidence from Texas," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 9(2), pages 173-216, June.
    6. Hyman, David A. & Silver, Charles & Black, Bernard & Paik, Myungho, 2015. "Does tort reform affect physician supply? Evidence from Texas," International Review of Law and Economics, Elsevier, vol. 42(C), pages 203-218.
    7. Buzzacchi, Luigi & Scellato, Giuseppe & Ughetto, Elisa, 2016. "Frequency of medical malpractice claims: The effects of volumes and specialties," Social Science & Medicine, Elsevier, vol. 170(C), pages 152-160.
    8. Mohammad Rahmati & David A. Hyman & Bernard Black & Charles Silver, 2016. "Insurance Crisis or Liability Crisis? Medical Malpractice Claiming in Illinois, 1980–2010," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(2), pages 183-204, June.
    9. Patricia H. Born & J. Bradley Karl & W. Kip Viscusi, 2017. "The net effects of medical malpractice tort reform on health insurance losses: the Texas experience," Health Economics Review, Springer, vol. 7(1), pages 1-16, December.
    10. Sage William M., 2012. "Both Symptom and Disease: Relating Medical Malpractice to Health-Care Costs," Forum for Health Economics & Policy, De Gruyter, vol. 15(2), pages 83-106, September.

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