|
|
|
|
||||
|
||||
How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from TexasMyungho PaikNorthwestern University - School of Law Bernard S. BlackNorthwestern University - School of Law; Northwestern University - Kellogg School of Management; European Corporate Governance Institute (ECGI) David A. HymanUniversity of Illinois College of Law William M. SageUniversity of Texas at Austin School of Law Charles SilverUniversity 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 Accepted Paper SeriesDate posted: May 16, 2010 ; Last revised: May 13, 2012Suggested CitationContact Information
|
|
||||||||||||||||||||||||||
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
FAQ
Terms of Use
Privacy Policy
Copyright
This page was processed by apollo4 in 0.828 seconds
