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

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

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 frequency, payment amounts, defense costs, and jury verdicts. The data present a picture of remarkable stability in most respects and slow, predictable change in o...

Medical Malpractice Crisis Medical Malpractice Crisis

Medical Malpractice in Crisis

In medical malpractice, perhaps more than in any other field of civil personal injury compensation, the blunt instrument of tort law is as well suited to the social needs of contemporary Canadian society as the feudal art of trial by combat was in settling civil disputes in earlier times. Plaintiffs have long complained that lawyers are reluctant to take on these cases because malpractice insur...

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

Legal scholars, legislators, policy advocates, and the news media frequently use jury verdicts to draw conclusions about the performance of the tort system. However actual payouts can differ greatly from verdicts. We report evidence on post-verdict payouts from the most comprehensive longitudinal study of matched jury verdicts and payouts. Using data on all insured medical malpractice claims in...

Determinants of Noneconomic Damages in Medical Malpractice Settlements and Litigations: Evidence from Texas since 1988