Abstract

http://ssrn.com/abstract=2109679
 


 



The Receding Tide of Medical Malpractice Litigation Part 1: National Trends


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

July 15, 2013

10 Journal of Empirical Legal Studies, 2013
Northwestern Law & Econ Research Paper No. 12-18
Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-13
7th Annual Conference on Empirical Legal Studies Paper
Illinois Public Law Research Paper No. 13-55

Abstract:     
The U.S. has experienced three medical malpractice (“med mal”) crises in the past forty years. In response, thirty-one states now have caps on non-economic or total damages. Researchers have studied the impact of these caps, relative to control states without caps, but have not studied trends in no-cap states or overall national trends. We find that the per-physician rate of paid med mal claims has been dropping for 20 years and in 2012 is less than half the 1992 level. Lawsuit rates, in the states with available data, are also declining, at similar rates. “Small” paid claims (payout < $50,000 in 2011 dollars) have been dropping for the full period; “large” paid claims (payout > $50,000) have been dropping since 2001. Payout per large paid claim was roughly flat. Payout per physician have been dropping since 2003, and by 2012 were 48% below their 1992 level. The “third wave” of damage cap adoptions over 2003-2006 contributed to this trend, but there are also large declines in no-cap states.

A companion article, The Receding Medical Malpractice Part 2: Effect of Damage Caps, is available at: http://ssrn.com/abstract=2285230.

Number of Pages in PDF File: 31

Keywords: medical malpractice, tort reform, damage caps

JEL Classification: I18, K23, K32

Accepted Paper Series


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Date posted: July 16, 2012 ; Last revised: August 15, 2013

Suggested Citation

Paik, Myungho and Black, Bernard S. and Hyman, David A., The Receding Tide of Medical Malpractice Litigation Part 1: National Trends (July 15, 2013). 7th Annual Conference on Empirical Legal Studies Paper; 10 Journal of Empirical Legal Studies, 2013; Northwestern Law & Econ Research Paper No. 12-18; Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-13; 7th Annual Conference on Empirical Legal Studies Paper; Illinois Public Law Research Paper No. 13-55. Available at SSRN: http://ssrn.com/abstract=2109679 or http://dx.doi.org/10.2139/ssrn.2109679

Contact Information

Myungho Paik (Contact Author)
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
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
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