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

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  • Myungho Paik
  • Bernard Black
  • David A. Hyman

Abstract

The United States has experienced three medical malpractice (med mal) crises in the past 40 years. In response, 31 states now have caps on noneconomic 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 was less than half the 1992 level. Lawsuit rates, in the states with available data, are also declining, at similar rates. “Small” paid claims (payout

Suggested Citation

  • Myungho Paik & Bernard Black & David A. Hyman, 2013. "The Receding Tide of Medical Malpractice Litigation: Part 1—National Trends," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(4), pages 612-638, December.
    • Handle: RePEc:wly:empleg:v:10:y:2013:i:4:p:612-638
    DOI: 10.1111/jels.12021
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    References listed on IDEAS

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    1. Bernard Black & Charles Silver & David A. Hyman & William M. Sage, 2005. "Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas, 1988–2002," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 2(2), pages 207-259, July.
    2. Myungho Paik & Bernard S. Black & David A. Hyman & William M. Sage & Charles M. Silver, 2012. "How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas," American Law and Economics Review, American Law and Economics Association, vol. 14(2), pages 561-600.
    3. 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, March.
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    1. Hao Yu & Olesya Baker, 2022. "Do noneconomic damage caps reduce medical malpractice insurance premiums? Evidence from North Carolina," Risk Management and Insurance Review, American Risk and Insurance Association, vol. 25(2), pages 201-218, June.
    2. David A. Hyman & Mohammad Rahmati & Bernard Black, 2021. "Medical Malpractice and Physician Discipline: The Good, The Bad and The Ugly," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 18(1), pages 131-166, March.
    3. Zabinski, Zenon & Black, Bernard S., 2022. "The deterrent effect of tort law: Evidence from medical malpractice reform," Journal of Health Economics, Elsevier, vol. 84(C).
    4. Black, Bernard & Hyman, David A. & Lerner, Joshua Y., 2019. "Physicians with multiple paid medical malpractice claims: Are they outliers or just unlucky?," International Review of Law and Economics, Elsevier, vol. 58(C), pages 146-157.
    5. Theodore Eisenberg & Christoph Engel, 2014. "Assuring Civil Damages Adequately Deter: A Public Good Experiment," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 11(2), pages 301-349, June.
    6. Kowsar Yousefi & Bernard Black & David A. Hyman, 2023. "Paid medical malpractice claims: How strongly does the past predict the future?," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(4), pages 818-851, December.
    7. Andrew I. Friedson, 2017. "Medical Malpractice Damage Caps and Provider Reimbursement," Health Economics, John Wiley & Sons, Ltd., vol. 26(1), pages 118-135, January.
    8. Patricia Born & J. Bradley Karl & Charles Nyce, 2024. "Availability of the seat belt defense: Implications for auto liability insurance," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 91(1), pages 193-212, March.
    9. Black, Bernard & Traczynski, Jeffrey & Udalova, Victoria, 2022. "How Do Insurers Price Medical Malpractice Insurance?," IZA Discussion Papers 15392, Institute of Labor Economics (IZA).

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