Abstract

http://ssrn.com/abstract=1605331
 
 

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


Myungho Paik


Northwestern University - School of Law

Bernard S. Black


Northwestern University - School of Law; Northwestern University - Kellogg School of Management; European Corporate Governance Institute (ECGI)

David A. Hyman


University of Illinois College of Law

William M. Sage


University of Texas at Austin School of Law

Charles Silver


University of Texas at Austin - School of Law

May 12, 2012

American Law and Economics Review, Forthcoming 2012
Northwestern Law & Econ Research Paper No. 09-24
U Illinois Law & Economics Research Paper No. LE09-009
U of Texas Law, Law and Econ Research Paper No. 137

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, elderly paid claims rose from 20% to 66% of the adult non-elderly rate, and mean and median payments per claim converged, although the elderly were far less likely to receive large payments. 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.

Number of Pages in PDF File: 31

Keywords: Elderly, Malpractice, Claiming, Tort Reform

JEL Classification: K23, K32, I11, I18

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Date posted: May 16, 2010 ; Last revised: May 13, 2012

Suggested Citation

Paik, Myungho and Black, Bernard S. and Hyman, David A. and Sage, William M. and Silver, Charles, How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas (May 12, 2012). Northwestern Law & Econ Research Paper No. 09-24; American Law and Economics Review, Forthcoming 2012; Northwestern Law & Econ Research Paper No. 09-24; U Illinois Law & Economics Research Paper No. LE09-009; U of Texas Law, Law and Econ Research Paper No. 137. Available at SSRN: http://ssrn.com/abstract=1605331 or http://dx.doi.org/10.2139/ssrn.1605331

Contact Information

Myungho Paik
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-7029 (Phone)
312-503-5950 (Fax)

Bernard S. Black
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
512-503-2784 (Phone)

Northwestern University - Kellogg School of Management
2001 Sheridan Road
Evanston, IL 60208
United States
847-491-5049 (Phone)
European Corporate Governance Institute (ECGI)
Brussels
Belgium
David A. Hyman (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
William Matthew Sage
University of Texas at Austin School of Law ( email )
727 East Dean Keeton Street
Austin, TX 78705
United States
Charles M. Silver
University of Texas at Austin - School of Law ( email )
727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1337 (Phone)
512-232-1372 (Fax)
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