William M. Sage

University of Texas at Austin School of Law

James R. Dougherty Chair

727 East Dean Keeton Street

Austin, TX 78705

United States

University of Texas at Austin - Dell Medical School

Professor of Surgery and Perioperative Care

Austin, TX 78712

SCHOLARLY PAPERS

39

DOWNLOADS
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Top 5,224

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8,732

SSRN CITATIONS
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SSRN RANKINGS

Top 7,746

in Total Papers Citations

18

CROSSREF CITATIONS

135

Scholarly Papers (39)

1.

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

as published in 2 Journal of Empirical Legal Studies, 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
Number of pages: 54 Posted: 25 Oct 2005 Last Revised: 28 Jan 2015
Northwestern University - Pritzker School of Law, University of Texas at Austin - School of Law, Georgetown University Law Center and University of Texas at Austin School of Law
Downloads 2,054 (7,913)
Citation 1

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2.

Estimating the Effect of Damages Caps in Medical Malpractice Cases: Evidence from Texas

The Journal of Legal Analysis, Vol. 1, No. 1, pp. 355-409, 2009, U Illinois Law & Economics Research Paper No. 07-16, U of Texas Law, Law and Econ Research Paper No. 106, 2nd Annual Conference on Empirical Legal Studies Paper
Number of pages: 56 Posted: 26 Feb 2009 Last Revised: 24 Dec 2009
Georgetown University Law Center, Northwestern University - Pritzker School of Law, University of Texas at Austin - School of Law and University of Texas at Austin School of Law
Downloads 721 (38,423)

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damages caps, medical malpractice, texas, settlements

Defense Costs and Insurer Reserves in Medical Malpractice and Other Personal Injury Cases: Evidence from Texas, 1988-2004

U Illinois Law & Economics Research Paper No. LE07-012, U of Texas Law, Law and Econ Research Paper No. 99, American Law and Economics Review, Vol. 10, pp. 185-245, 2008
Number of pages: 49 Posted: 17 Apr 2008 Last Revised: 22 Apr 2010
Northwestern University - Pritzker School of Law, Georgetown University Law Center, University of Texas at Austin - School of Law and University of Texas at Austin School of Law
Downloads 603 (48,157)
Citation 8

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defense costs, litigation, torts, medical malpractice, insurance

Defense Costs and Insurer Reserves in Medical Malpractice and Other Personal Injury Cases: Evidence from Texas, 1988-2004

American Law and Economics Review, Vol. 10, Issue 2, pp. 185-245, 2008
Posted: 31 Dec 2008
Northwestern University - Pritzker School of Law, Georgetown University Law Center, University of Texas at Austin - School of Law and University of Texas at Austin School of Law

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K13, K32, K41

4.

Physicians' Insurance Limits and Malpractice Payments: Evidence from Texas Closed Claims, 1990-2003

Journal of Legal Studies, pp. s9-s45, 2008, Georgetown Law and Economics Research Paper No. 981192, NYU Law and Economics Research Paper No. 07-16, U Illinois Law & Economics Research Paper No. LE07-008, U of Texas Law, Law and Econ Research Paper No. 67
Number of pages: 45 Posted: 20 Apr 2007 Last Revised: 21 Mar 2008
Boston University - School of Law, Northwestern University - Pritzker School of Law, University of Texas at Austin - School of Law, Georgetown University Law Center and University of Texas at Austin School of Law
Downloads 538 (56,546)
Citation 1

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medical malpractice, insurance, liability

5.

Do Defendants Pay What Juries Award? Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988-2003

as published in 4 Journal of Empirical Legal Studies, pp. 3-68 (2007), U Illinois Law & Economics Research Paper No. LE06-028, U of Texas Law, Law and Economics Research Paper No. 68, 1st Annual Conference on Empirical Legal Studies
Number of pages: 66 Posted: 06 Jul 2006 Last Revised: 28 Jan 2015
Georgetown University Law Center, Northwestern University - Pritzker School of Law, Boston University - School of Law, University of Texas at Austin - School of Law and University of Texas at Austin School of Law
Downloads 472 (66,583)
Citation 2

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Jury verdict, malpractice, payout, haircut

6.

Reputation, Malpractice Liability, and Medical Error

Number of pages: 13 Posted: 11 Mar 2005
William M. Sage
University of Texas at Austin School of Law
Downloads 424 (75,655)
Citation 2

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medical malpractice, physician, tort, reputation, norms

7.

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

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
Number of pages: 31 Posted: 16 May 2010 Last Revised: 13 May 2012
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law, Georgetown University Law Center, University of Texas at Austin School of Law and University of Texas at Austin - School of Law
Downloads 357 (92,338)
Citation 9

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Elderly, Malpractice, Claiming, Tort Reform

8.

Monopsony as an Agency and Regulatory Problem in Health Care

Number of pages: 40 Posted: 17 Jun 2004
Peter J. Hammer and William M. Sage
Wayne State University Law School and University of Texas at Austin School of Law
Downloads 350 (94,477)

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antitrust, monopsony, agency, health care, health insurance

9.

Malpractice Payouts and Malpractice Insurance: Evidence from Texas Closed Claims, 1990-2003

Geneva Papers on Risk and Insurance, Vol. 33, pp. 177-192, 2008, Georgetown Law and Economics Research Paper No. 983199, U Illinois Law & Economics Research Paper No. LE07-016, U of Texas Law, Law and Econ Research Paper No. 102
Number of pages: 16 Posted: 02 Jun 2007 Last Revised: 28 Apr 2008
University of Texas at Austin - School of Law, Northwestern University - Pritzker School of Law, Boston University - School of Law, Georgetown University Law Center and University of Texas at Austin School of Law
Downloads 332 (100,175)

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liability insurance, claims analysis, medical malpractice, insurance policy limits

Competing on Quality of Care: The Need to Develop a Competition Policy for Health Care Markets

Number of pages: 69 Posted: 20 Jul 2000
Peter J. Hammer and William M. Sage
Wayne State University Law School and University of Texas at Austin School of Law
Downloads 312 (106,681)

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Competing on Quality of Care: The Need to Develop a Competition Policy for Health Care Markets

Posted: 20 Jul 2000
Peter J. Hammer and William M. Sage
Wayne State University Law School and University of Texas at Austin School of Law

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11.

Understanding the First Malpractice Crisis of the 21st Century

Number of pages: 32 Posted: 16 Dec 2003
William M. Sage
University of Texas at Austin School of Law
Downloads 296 (113,642)
Citation 7

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12.

Combating Antimicrobial Resistance: Regulatory Strategies and Institutional Capacity

U of Texas Law, Law and Econ Research Paper No. 154, U Illinois Law & Economics Research Paper No. LE09-013
Number of pages: 38 Posted: 22 Jul 2009
William M. Sage and David A. Hyman
University of Texas at Austin School of Law and Georgetown University Law Center
Downloads 288 (116,994)

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Antibiotic, antimicrobial, resistance, regulatory theory, regulation

13.

Brand New Law! The Need to Market Health Care Reform

University of Pennsylvania Law Review, Vol. 159, 2011, U of Texas Law, Public Law Research Paper No. 190, U of Texas Law, Law and Econ Research Paper No. 198
Number of pages: 20 Posted: 11 Feb 2011
William M. Sage
University of Texas at Austin School of Law
Downloads 253 (133,900)

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14.

Managed Care's Crimea: Medical Necessity, Therapeutic Benefit, and the Goals of Administrative Process in Health Insurance

Number of pages: 75 Posted: 13 Apr 2004
William M. Sage
University of Texas at Austin School of Law
Downloads 241 (140,583)
Citation 2

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health insurance, managed care, medical necessity, dispute resolution, mediation, therapeutic jurisprudence

15.

Assembled Products: The Key to More Effective Competition and Antitrust Oversight in Health Care

Cornell Law Review 2016; 101(3): 609-700, U of Texas Law, Law and Econ Research Paper No. E560
Number of pages: 92 Posted: 17 Mar 2015 Last Revised: 27 Apr 2016
William M. Sage
University of Texas at Austin School of Law
Downloads 200 (167,717)
Citation 2

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Health care, competition, regulated industries, antitrust

16.

Do Health Reform and Malpractice Reform Fit Together?

U of Texas Law, Law and Econ Research Paper No. 203, Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-13
Number of pages: 26 Posted: 28 Mar 2011 Last Revised: 12 Jul 2014
William M. Sage and David A. Hyman
University of Texas at Austin School of Law and Georgetown University Law Center
Downloads 193 (173,352)
Citation 1

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Malpractice, PPACA, Health Reform, Tort Reform

17.

Fracking Health Care: The Need to Safely De-Medicalize America and Recover Trapped Value for Its People

U of Texas Law, Public Law Research Paper
Number of pages: 20 Posted: 02 Jun 2017
William M. Sage
University of Texas at Austin School of Law
Downloads 165 (198,880)

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Health Policy, Affordable Care Act, Obamacare, Health Economics, Triple Aim, Value-Based Care, Social Determinants of Health

18.

Adding Principle To Pragmatism: The Transformative Potential of 'Medicare-for-All'

Number of pages: 46 Posted: 29 May 2019 Last Revised: 10 Feb 2020
William M. Sage
University of Texas at Austin School of Law
Downloads 145 (221,601)

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Medicare-for-All, Obamacare, ACA, health reform, social determinants, disparities, health law, generational change

19.

Relational Duties, Regulatory Duties, and the Widening Gap between Individual Health Law and Collective Health Policy

Georgetown Law Journal, Vol. 96, No. 2, 2008, U of Texas Law, Public Law Research Paper No. 133
Number of pages: 27 Posted: 11 Feb 2008 Last Revised: 09 Feb 2010
William M. Sage
University of Texas at Austin School of Law
Downloads 117 (261,497)

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health law, public law, bioethics, policy, biomedical

20.

Putting Insurance Reform in the ACA's Rear-View Mirror

Houston Law Review, Forthcoming, U of Texas Law, Law and Econ Research Paper No. e551, U of Texas Law, Public Law Research Paper No. 551
Number of pages: 27 Posted: 12 Jan 2014 Last Revised: 05 May 2014
William M. Sage
University of Texas at Austin School of Law
Downloads 97 (297,386)

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Health reform, Affordable Care Act, health insurance coverage, medical services, population health

21.

If You Would Not Criminalize Poverty, Do Not Medicalize it

Journal of Law, Medicine, and Ethics, Forthcoming, U of Texas Law, Public Law Research Paper No. 690, U of Texas Law, Law and Econ Research Paper
Number of pages: 12 Posted: 25 Jul 2018
William M. Sage and Jennifer E. Laurin
University of Texas at Austin School of Law and University of Texas School of Law
Downloads 95 (301,438)

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healthcare, medicalization, poverty, criminalization, criminal justice

22.

Explaining America's Spendthrift Health Care System: The Enduring Effects of Public Regulation on Private Competition

Forthcoming 2019 in J. Boertjens et al., eds., Healthcare Finance (Edward Elgar Pub.) , U of Texas Law, Law and Econ Research Paper, U of Texas Law, Public Law Research Paper 581
Number of pages: 16 Posted: 27 Jul 2018
William M. Sage
University of Texas at Austin School of Law
Downloads 94 (303,509)

Abstract:

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healthcare, health reform, Affordable Care Act, health law

23.

Should the Patient Conquer?

Wake Forest Law Review, Vol. 45, No. 5, 2010, U of Texas Law, Law and Econ Research Paper No. 194
Number of pages: 7 Posted: 14 Dec 2010 Last Revised: 16 Feb 2011
William M. Sage
University of Texas at Austin School of Law
Downloads 88 (316,418)

Abstract:

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Health reform, PPACA, physician-patient relationship, population health

24.

Legal and Constitutional Influences on the Implementation of U.S. Health Care Reform

Number of pages: 7 Posted: 16 May 2013 Last Revised: 18 Jun 2013
William M. Sage
University of Texas at Austin School of Law
Downloads 80 (335,305)

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Health care reform, Obamacare, Affordable Care Act

25.

Our 'Patchwork' Health Care System: Melodic Variations, Counterpoint, and the Future Role of Physicians

Houston Journal of Health Law & Policy, 2014, Forthcoming, U of Texas Law, Law and Econ Research Paper No. e553
Number of pages: 10 Posted: 12 Apr 2014 Last Revised: 13 Jun 2014
William M. Sage
University of Texas at Austin School of Law
Downloads 75 (348,099)

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Health care reform, fragmentation, hospital, physician, health information technology, antitrust

26.

Out of the Box: The Future of Retail Medical Clinics

Harvard Law & Policy Review, Vol. 3, 2009, U of Texas Law, Law and Econ Research Paper No. e552
Number of pages: 12 Posted: 12 Jan 2014 Last Revised: 13 Jun 2014
William M. Sage
University of Texas at Austin School of Law
Downloads 73 (353,433)

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Retail clinics, advanced practice nurses, nurse practitioners, physician assistants, primary care

27.

Brief of Amici Curiae Texas Professors Specializing in Health Law and Health Policy, Teladoc Inc. v. Texas Medical Board (5th Cir.)

Number of pages: 36 Posted: 16 Sep 2016
William M. Sage
University of Texas at Austin School of Law
Downloads 52 (418,715)
Citation 4

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Health Policy, Health Care Competition, Triple Aim, Value-Based Care, Antitrust, State Action, Occupational Licensing

28.

Chapter: “Health Law and Ethics”

In Health Systems Science (Susan Skochelak, ed., 2d ed. Elsevier 2019)., U of Penn Law School, Public Law Research Paper No. 20-27
Number of pages: 41 Posted: 17 Aug 2020
William M. Sage, I. Glenn Cohen and Allison K. Hoffman
University of Texas at Austin School of Law, Harvard Law School and University of Pennsylvania Law School
Downloads 17 (592,013)

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Law & ethics, health care systems, fiduciary duty, conflict of interest, professional self-regulation, market competition, fraud, abuse, privacy, confidentiality, health insurance, informed consent to treatment, medical malpractice & redressing error, withholding & withdrawing care

29.

Upstream Health Law

Journal of Law, Medicine & Ethics 42; 4: 535-549 (2014), U of Texas Law, Public Law Research Paper No. UTPUB629
Posted: 17 Mar 2015 Last Revised: 18 Jun 2015
William M. Sage and Kelley McIlhattan
University of Texas at Austin School of Law and Norton Rose Fulbright US LLP

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Health care, physicians, hospitals, innovation, regulation

30.

Changes in Physician Supply and Scope of Practice During a Malpractice Crisis: Evidence from Pennsylvania

Health Affairs, 2007
Posted: 26 Apr 2007
Stanford Law School, University of Melbourne - Faculty of Law & Faculty of Medicine, Dentistry and Health Sciences, Statistics Collaborative, Inc., Aetna, Inc. and University of Texas at Austin School of Law

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malpractice, liability, medical, litigation, crisis, tort reform

31.

Caring for Patients in a Malpractice Crisis: Physician Satisfaction, the Physician-Patient Relationship, and Quality of Care

Posted: 12 Aug 2004
Stanford Law School, Harvard University - T.H. Chan School of Public Health, Harvard University - T.H. Chan School of Public Health, Harris Interactive, Harris Interactive, Harvard School of Public Health/Harvard Medical School/Brigham and Women's Hospital and University of Texas at Austin School of Law

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malpractice, satisfaction, liability, physician, insurance

32.

The Forgotten Third: Liability Insurance and the Medical Malpractice Crisis

Posted: 30 Jul 2004
William M. Sage
University of Texas at Austin School of Law

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medical malpractice, liability insurance

33.

Hospitals' Behavior in a Tort Crisis: Observations from Pennsylvania

Posted: 24 Nov 2003
Stanford Law School, Harvard Law School, Harvard University - T.H. Chan School of Public Health, Harvard School of Public Health/Harvard Medical School/Brigham and Women's Hospital and University of Texas at Austin School of Law

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medical malpractice, hospitals, liability, insurance

34.

A Copernican View of Health Care Antitrust

Posted: 09 May 2002
William M. Sage and Peter J. Hammer
University of Texas at Austin School of Law and Wayne State University Law School

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35.

Antitrust, Health Care Quality, and the Courts

Posted: 16 Mar 2002
Peter J. Hammer and William M. Sage
Wayne State University Law School and University of Texas at Austin School of Law

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36.

Competing on Quality of Care: Developing a Competition Policy for Health Care Markets

Posted: 05 Dec 1999
Peter J. Hammer and William M. Sage
Wayne State University Law School and University of Texas at Austin School of Law

Abstract:

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37.

Expanding Managed Care Liability: What Impact on Employment-Based Health Coverage?

Posted: 02 Dec 1999
Harvard University - T.H. Chan School of Public Health, University of Texas at Austin School of Law, Georgetown University Medical Center and Stanford Law School

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38.

Regulating Through Information: Disclosure Laws and American Health Care

Posted: 09 Aug 1999
William M. Sage
University of Texas at Austin School of Law

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39.

Physicians as Advocates

Houston Law Review, 1999
Posted: 02 Dec 1998
William M. Sage
University of Texas at Austin School of Law

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