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Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas, 1988-2002

Bernard S. Black
University of Texas at Austin - School of Law; McCombs School of Business, University of Texas at Austin; European Corporate Governance Institute (ECGI); Northwestern University - School of Law; Northwestern University - Kellogg School of Management

Charles Silver
University of Texas at Austin - School of Law

David A. Hyman
University of Illinois - College of Law

William M. Sage
University of Texas at Austin School of Law



Journal of Empirical Legal Studies, Vol. 2, pp. 207-259, 2005
Columbia Law and Economics Working Paper No. 287
U Illinois Law & Economics Research Paper No. LE05-002
U of Texas law, Law and Econ Research Paper No. 030

Abstract:     
Using a comprehensive database of closed claims maintained by the Texas Department of Insurance since 1988, this study provides evidence on a range of issues involving medical malpractice litigation, including claim frequency, payout amounts, defense costs, and jury verdicts. The data present a picture of stability in most aspects and moderate change in others. We do not find evidence in claim outcomes of the medical malpractice insurance crisis that produced headlines over the last several years and led to legal reform in Texas and other states. Controlling for population growth, the number of large paid claims (over $25,000 in real 1988 dollars) was roughly constant from 1990-2002. The number of smaller paid claims declined. Controlling for inflation, payout per large paid claim increased over 1988-2002 by an estimated 0.1 percent insignificant) - 0.5 percent (marginally significant) per year, depending on the data set, but actual payouts in tried cases showed little or no time trend. Real defense costs per large paid claim rose by 4.2-4.5 percent per year. Real total cost per large paid claim, including defense costs, rose by 0.8-1.2 percent per year.

The prior working paper version of this paper is available at http://ssrn.com/abstract=678601. The working paper version contains color figures, which were converted to black and white in the published version.

Accepted Paper Series

Date posted: October 25, 2005 ; Last revised: March 19, 2007

Suggested Citation

Black, Bernard S., Silver, Charles M., Hyman, David A. and Sage, William M., Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas, 1988-2002. Journal of Empirical Legal Studies, Vol. 2, pp. 207-259, 2005; Columbia Law and Economics Working Paper No. 287; U Illinois Law & Economics Research Paper No. LE05-002; U of Texas law, Law and Econ Research Paper No. 030. Available at SSRN: http://ssrn.com/abstract=770844


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Contact Information

Bernard S. Black (Contact Author)
University of Texas at Austin - School of Law ( email )
Austin, TX 78705
United States
512-471-4632 (Phone)
McCombs School of Business, University of Texas at Austin
Austin, TX 78712
United States
European Corporate Governance Institute (ECGI)
Brussels Belgium
Northwestern University - School of Law
375 E. Chicago Ave
Chicago, IL 60611
United States
Northwestern University - Kellogg School of Management
2001 Sheridan Road
Evanston, IL 60208
United States
David A. Hyman
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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