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

31 Pages Posted: 16 May 2010 Last revised: 13 May 2012

See all articles by Myungho Paik

Myungho Paik

Hanyang University - College of Policy Science

Bernard S. Black

Northwestern University - Pritzker School of Law

David A. Hyman

Georgetown University Law Center

William M. Sage

Texas A&M University School of Law

Charles Silver

University of Texas at Austin - School of Law

Date Written: May 12, 2012

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.

Keywords: Elderly, Malpractice, Claiming, Tort Reform

JEL Classification: K23, K32, I11, I18

Suggested Citation

Paik, Myungho and Black, Bernard S. and Hyman, David A. and Sage, William Matthew and Silver, Charles M., How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas (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, Available at SSRN: https://ssrn.com/abstract=1605331 or http://dx.doi.org/10.2139/ssrn.1605331

Myungho Paik

Hanyang University - College of Policy Science ( email )

222 Wangsimni-ro Seongdong-gu
Seoul, 04763
Korea, Republic of (South Korea)

Bernard S. Black

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-2784 (Phone)

David A. Hyman (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

William Matthew Sage

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX Tarrant County 76102
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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