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An Empirical Assessment of Early Offer Reform for Medical Malpractice

  • Joni Hersch
  • Jeffrey O'Connell
  • W. Kip Viscusi

The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic losses and reasonable attorney fees. Using a large sample of closed individual medical malpractice claims from Texas supplemented by data from Florida, this article provides an empirical assessment of the consequences of the early offer reform. Noneconomic damages make up about two-thirds of paid claim amounts. The minimum payment amount for serious injuries will affect the magnitude of insurer savings and claimant compensation. Payments to claimants will be expedited by 2 years by the early offer reform, and litigation costs will be reduced by an average of $100,000-$200,000 per claim. (c) 2007 by The University of Chicago. All rights reserved.

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File URL: http://dx.doi.org/10.1086/519464
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Article provided by University of Chicago Press in its journal The Journal of Legal Studies.

Volume (Year): 36 (2007)
Issue (Month): S2 (06)
Pages: S231-S259

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Handle: RePEc:ucp:jlstud:v:36:y:2007:i:s2:p:s231-s259
Contact details of provider: Web page: http://www.journals.uchicago.edu/JLS/

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  1. Petroni, Kathy Ruby, 1992. "Optimistic reporting in the property- casualty insurance industry," Journal of Accounting and Economics, Elsevier, vol. 15(4), pages 485-508, December.
  2. W. Kip Viscusi & Patricia H. Born, 2005. "Damages Caps, Insurability, and the Performance of Medical Malpractice Insurance," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 72(1), pages 23-43.
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