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ECONIS (ZBW)
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1
The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses
Born, Patricia
;
Viscusi, W. Kip
;
Born, Patricia
;
Baker, Tom
-
2022
Whereas the literature evaluating the effect of tort reforms has focused on reported incurred losses, this paper examines the long run effects using a comprehensive sample by state of individual firms writing medical malpractice insurance from 1984-2003. The long run effects of reforms are...
Persistent link: https://www.econbiz.de/10014027237
Saved in:
2
How do insurers price medical malpractice insurance?
Black, Bernard S.
;
Traczynski, Jerey
;
Udalova, Victoria
-
2022
We study the factors that predict medical malpractice ("med mal") insurance premia, using national data from Medical Liability Monitor over 1990 to 2017. A number of core findings are not easily explained by standard economic theory. First, we estimate long run elasticities of premia to...
Persistent link: https://www.econbiz.de/10013272267
Saved in:
3
Professional Negligence and Medical Malpractice
Emanuel, Johnson
-
2022
This paper concerned with the nature of legal actions that can be instituted by patients (and other interested persons) against healthcare institutions and medical practitioners for injury caused. Three actions that can be brought against doctors or medical institutions, contract, negligence,...
Persistent link: https://www.econbiz.de/10014264495
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4
An Economic Model of Costing ‘Early Offers’ Medical Malpractice Reform
O'Connell, Jeffrey
-
2020
Today the key to the unworkability of tort liability as applied to personal injury is the complexity of the insured event. Tort liability insurance calls for payment of economic and noneconomic (i.e., mostly pain and suffering) damages in lawsuits based on fault. The determination of both fault...
Persistent link: https://www.econbiz.de/10012854904
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5
Tort Reform and Physician Moral Hazard
Zhang, Juan
-
2020
States have been enacting tort reforms to reduce the liability of physicians conducting malpractice. However, tort reform may create a moral hazard because physicians may take less care due to reduced liability. This paper investigates whether physician moral hazard presents after tort reform. I...
Persistent link: https://www.econbiz.de/10012848695
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6
Mandatory Legal Malpractice Insurance : Exposing Lawyers’ Blind Spots
Fortney, Susan Saab
-
2019
The legal landscape for lawyers’ professional liability in the United States is changing. In 2018, Idaho implemented a new rule requiring that lawyers carry legal malpractice insurance. The adoption of the Idaho rule was the first move in forty years by a state to require legal malpractice...
Persistent link: https://www.econbiz.de/10014107622
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7
New Differences between Negligence and Strict Liability and Their Implications on Medical Malpractice Reform
Sher, Noam
-
2018
The article seeks to explore previously undiscussed differences between the negligence and strict liability rules and thereby examine the required medical liability reform, if such reform is indeed required. Our main thesis is that negligence as a basis for liability entails a unique mechanism,...
Persistent link: https://www.econbiz.de/10014052585
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8
Records of medical malpractice litigation : a potential indicator of healthcare quality in China
Wang, Zhan
;
Li, Niying
;
Jiang, Mengsi
;
Dear, Keith
; …
-
2017
Objective: To assess the characteristics and incidence of medical litigation in China and the potential usefulness of the records of such litigation as an indicator of healthcare quality. Methods: We investigated 13,620 cases of medical malpractice litigation that ended between 2010 and 2015 and...
Persistent link: https://www.econbiz.de/10011663508
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9
Trial and Error : Legislating ADR for Medical Malpractice Reform
Nussbaum, Lydia
-
2017
The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This...
Persistent link: https://www.econbiz.de/10012947469
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10
Moving Beyond the Quick Fix : Medical Malpractice Non-Economic Damage Caps A Poor Solution to the Growing Healthcare Crisis
Lindenfeld, Eric
-
2016
Persistent link: https://www.econbiz.de/10013002847
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11
Policy Limits, Payouts, and Blood Money : Medical Malpractice Settlements in the Shadow of Insurance
Silver, Charles
-
2016
In prior research, we found that policy limits in Texas medical malpractice (“med mal”) cases often served as de facto caps on recoveries in both tried and settled cases. We also found that physicians faced little personal exposure on malpractice claims. Out-of-pocket payments (OOPPs) by...
Persistent link: https://www.econbiz.de/10013005651
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12
Insurance Crisis or Liability Crisis? Medical Malpractice Claiming in Illinois, 1980-2010
Rahmati, Mohammad Hossein
-
2016
Since 1980, Illinois has experienced three med mal insurance crises – in the mid-1980s, mid-1990s, and early-2000s. Each time, Illinois responded by enacting tort reform. Using a previously unavailable database of closed medical malpractice (“med mal”) claims, maintained by the Illinois...
Persistent link: https://www.econbiz.de/10013006216
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13
Politico-economic determinants of tort reforms in medical malpractice
Matter, Ulrich
;
Stutzer, Alois
-
2015
The U.S. tort system has experienced various reforms during the last three decades. While there is a broad literature on the consequences of these reforms, very little is known about their determinants. In this study, we investigate the politico-economic forces that were driving the reform...
Persistent link: https://www.econbiz.de/10011569688
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14
Non-economic damages in medical malpractice appeals : does the jurisdiction make a difference?
Amaral-Garcia, Sofia
-
2015
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10011334453
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15
Medical Malpractice Arbitration : Time for a Model Act
Friedman, George
-
2015
Persistent link: https://www.econbiz.de/10013009569
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16
Medical Malpractice Liability Crisis or Patient Compensation Crisis?
Zeiler, Kathryn
-
2015
Tort reform has been a hot topic among those interested in assessing whether and how well the tort system aids injured plaintiffs in achieving civil justice. The debate has been especially heated when it comes to medical malpractice liability. Until recently, rhetoric about the liability system...
Persistent link: https://www.econbiz.de/10013013670
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17
Why the Medical Malpractice Crisis Persists Even When Malpractice Insurance Premiums Fall
Rodwin, Marc A.
-
2015
Concerns that medical malpractice premiums continue to grow unabated has led to numerous proposals to change liability rules and reform tort laws. Not only would proposed legislation make lawsuits more difficult for plaintiffs, but the bills do not address the real source of the problems they...
Persistent link: https://www.econbiz.de/10013032830
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18
Courts, Scheduled Damages, and Medical Malpractice Insurance
Bertoli, Paola
-
2015
Medical malpractice insurance is considered a unprofitable market in many countries, and this is why many policies have been implemented to increase its attractiveness for private insurers. We test the effects of limits to noneconomic compensations- scheduled damages- using Italian data. We...
Persistent link: https://www.econbiz.de/10013034568
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19
Do Defendants Pay What Juries Award? Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988-2003
Hyman, David A.
;
Black, Bernard S.
;
Zeiler, Kathryn
; …
-
2015
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...
Persistent link: https://www.econbiz.de/10014057146
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20
Non-Economic Damages in Medical Malpractice Appeals : Does the Jurisdiction Make a Difference?
Amaral-Garcia, Sofia
-
2015
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10013014904
Saved in:
21
Preventing Medical Malpractice in Hospitals : Perspectives from Law and Policy
Magnet, Joseph
-
2014
Canadian hospital law should evolve with a strong emphasis on malpractice prevention. A blind path towards making the hospital an insurer against medical negligence is unwarranted and likely to be costly. Imposition of risk management duties is preferable. This also involve costs: hospital...
Persistent link: https://www.econbiz.de/10014145604
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22
The Surprising Relevance of Medical Malpractice Law
Frakes, Michael
-
2014
Persistent link: https://www.econbiz.de/10013056953
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23
Reforming Medical Malpractice Liability Through Contract
Cannon, Michael F.
-
2013
This paper discusses the medical malpractice “crisis” and the potential of contract liability to reduce overall malpractice costs as well as improve the quality of and access to care. First, the paper describes the current medical malpractice liability “system” and some of the more...
Persistent link: https://www.econbiz.de/10014160011
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24
The Patient Injury Epidemic : Medical Malpractice Litigation as a Curative Tool
Furrow, Barry R.
-
2012
This article considers the virtues of such litigation as a curative tool for the adverse event epidemic in U.S. health care, analyzes the mistaken premises of the critics, and offers a series of improvements to the litigation system to make more and fairer litigation possible. Reforms will...
Persistent link: https://www.econbiz.de/10014172505
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25
A Medical Malpractice Model for Developing Countries?
Cortez, Nathan
-
2012
This Article, written for the symposium "Reforming Medical Liability: Global Perspectives," evaluates the unique plight of developing countries in crafting medical liability regimes. Many developing countries struggle to maintain workable systems for adjudicating physician negligence. This is...
Persistent link: https://www.econbiz.de/10014172533
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26
Toward a Theory of Medical Malpractice
Stein, Alex
-
2012
This Article introduces a novel methodology for understanding medical malpractice law and guiding its reform. I divide the legal rules that apply in medical malpractice cases into four basic categories: “entry rules,” “exit rules,” “treatment rules,” and “setup rules.” The first...
Persistent link: https://www.econbiz.de/10014174415
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27
Damages Caps, Insurability, and the Performance of Medical Malpractice Insurance
Viscusi, W. Kip
;
Born, Patricia
-
2012
This paper uses the complete property and casualty insurance files of the National Association of Insurance Commissioners from 1984-1991 to assess the effect of medical malpractice reforms pertaining to damages levels and the degree to which these damages are insurable. Limits on noneconomic...
Persistent link: https://www.econbiz.de/10014069036
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28
The Potential of Captive Medical Liability Insurance Carriers and Damage Caps for Real Malpractice Reform
Kinney, Eleanor D.
-
2012
Medical malpractice continues to be a contentious health policy issue particularly from the perspective of physicians and patients. The medical malpractice insurance market as a whole has changed considerably since the mid-1970s, with widely fluctuating premium prices and crises in the...
Persistent link: https://www.econbiz.de/10013102826
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29
Do Damages Caps Reduce Medical Malpractice Insurance Premiums? : A Systematic Review of Estimates and the Methods Used to Produce Them
Zeiler, Kathryn
-
2012
Despite common claims made in policy debates, the theoretical connection between tort reform and medical malpractice insurance premiums is ambiguous. Simple models suggest reforms such as statutory damages caps reduce premiums. More elaborate models that account for changes in physician behavior...
Persistent link: https://www.econbiz.de/10013097688
Saved in:
30
Criminal Responsibility of Doctors in Medical Malpractices in Hospital in Indonesia
Usman, Andi
-
2017
This article about ideal profession responsibility to the alleged medical malpractice by doctors in the hospital especially in Indonesia. Mechanism of professions responsibility against allegations of medical malpractice by doctors at the hospital is done by identifying the types of malpractice...
Persistent link: https://www.econbiz.de/10012944441
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31
Self-insuring against liability risk : evidence from physician home values in states with unlimited homestead exemptions
Helland, Eric
;
Jena, Anupam B.
;
Ly, Dan P.
;
Seabury, Seth A.
-
2016
Persistent link: https://www.econbiz.de/10011451138
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32
Contracting Over Liability : Medical Malpractice and the Cost of Choice
Arlen, Jennifer
-
2010
Contractual liability proponents claim that states can best reform malpractice liability by allowing patients to contract over, and out of, liability. Proponents assert that informed patients would be better off if allowed to contract over liability than they would if states reformed malpractice...
Persistent link: https://www.econbiz.de/10014205484
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33
Medical Malpractice Reform and Physicians in High-Risk Specialties
Klick, Jonathan
;
Stratmann, Thomas
-
2010
If medical malpractice reform affects the supply of physicians, the effects will be concentrated in specialties facing high liability exposure. Many doctors are likely to be indifferent regarding reform, because their likelihood of being sued is low. This difference can be exploited to isolate...
Persistent link: https://www.econbiz.de/10014060483
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34
Defense Costs and Insurer Reserves in Medical Malpractice and Other Personal Injury Cases : Evidence from Texas, 1988-2004
Black, Bernard S.
;
Hyman, David A.
;
Silver, Charles
; …
-
2010
We study defense costs for commercially insured personal injury tort claims in Texas over 1988-2004, and insurer reserves for those costs. We rely on detailed case-level data on defense legal fees and expenses, and Texas state bar data on lawyers' hourly rates. We study medical malpractice ("med...
Persistent link: https://www.econbiz.de/10014051578
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35
Does Malpractice Liability Keep the Doctor Away? Evidence from Tort Reform Damage Caps
Matsa, David A.
-
2010
Many U.S. states limit awards for non-economic damages in malpractice cases. Proponents often argue that such tort reform increases physician supply and access to care. However, the degree to which marginal changes in malpractice liability affect physician supply is theoretically ambiguous. If...
Persistent link: https://www.econbiz.de/10014056751
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36
Claims-Made and Reported Policies and Insurer Profitability in Medical Malpractice
Born, Patricia
;
Boyer, M. Martin
-
2008
The liability crisis of the 1970s led to the introduction of a new type of insurance policy designed, according to Doherty (1991), to reduce the un-diversifiable uncertainty associated with writing long-tail liability lines. These new claims-made and reported policies gained favor in place of...
Persistent link: https://www.econbiz.de/10014218076
Saved in:
37
Malpractice Payouts and Malpractice Insurance : Evidence from Texas Closed Claims, 1990-2003
Silver, Charles
;
Black, Bernard S.
;
Zeiler, Kathryn
; …
-
2008
Background. This study is the first to quantify physicians' malpractice insurance limits. It also examines the connection between policy size and payments on claims, including the frequency of settlement at the policy limits and the frequency of out-of-pocket payments. Methods. Statistical...
Persistent link: https://www.econbiz.de/10014050986
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38
Improving Medical Malpractice Liability By Allowing Insurers to Take Charge
Rosenberg, David
;
Reinker, Kenneth
-
2007
This paper proposes a solution to many of the basic problems with the current system of medical malpractice liability. By all accounts, despite consuming more than $20 billion annually, this system has proven ineffective and probably counterproductive as a means of deterrence and source of...
Persistent link: https://www.econbiz.de/10014056568
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39
The Regulation of Medical Malpractice in Japan
Leflar, Robert B
-
2013
How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low...
Persistent link: https://www.econbiz.de/10014211936
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40
Medical Malpractice : Impact of the Crisis and Effect of State Tort Reforms
Mello, Michelle M.
-
2013
Many U.S. states are now in their fifth year of a medical malpractice "crisis", a period of volatility in the malpractice insurance market characterized by above average increases in premiums, contractions in the supply of insurance and deterioration in the financial health of carriers....
Persistent link: https://www.econbiz.de/10014058335
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41
The effects of tort reform on medical malpractice insurers' ultimate losses
Born, Patricia
;
Viscusi, W. Kip
;
Baker, Tom
-
2006
Persistent link: https://www.econbiz.de/10003390565
Saved in:
42
Improving medical malpractice liability by allowing insurers to take charge
Reinker, Kenneth S.
;
Rosenberg, David
-
2006
Persistent link: https://www.econbiz.de/10003390578
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43
The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses
Born, Patricia
-
2006
Whereas the literature evaluating the effect of tort reforms has focused on reported incurred losses, this paper examines the long run effects using a comprehensive sample by state of individual firms writing medical malpractice insurance from 1984-2003. The long run effects of reforms are...
Persistent link: https://www.econbiz.de/10012466583
Saved in:
44
The Medical Malpractice Myth
Coombs, Mary Irene
-
2006
In this review essay, I describe the recent book by Tom Baker, The Medical Malpractice Myth and explicate its deconstruction of five such myths: that there are numerous malpractice suits that are frivolous and yet the plaintiffs obtain large judgments; and that these have led to significant...
Persistent link: https://www.econbiz.de/10014057519
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45
Medical Malpractice Litigation and Tort Reform : It's the Incentives, Stupid
Hyman, David A.
;
Silver, Charles
-
2006
Health care providers and tort reformers claim that the medical malpractice litigation system is rife with behaviors that are irrational, unpredictable, and counter-productive. They attack civil juries, asserting that verdicts are skyrocketing without reason, are highly variable, and bear little...
Persistent link: https://www.econbiz.de/10014054840
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46
The effect of malpractice liability on the delivery of health care
Baicker, Katherine
;
Chandra, Amitabh
-
2004
"The growth of medical malpractice liability costs has the potential to affect the delivery of health care in the U.S. along two dimensions. If growth in malpractice payments results in higher malpractice insurance premiums for physicians, these premiums may affect the size and composition of...
Persistent link: https://www.econbiz.de/10002196919
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47
The Role of Economic Efficiency in Medical Malpractice Reform Policy
Boozer, Ben
;
Westley, Christopher
;
Landry, Robert J.
-
2011
Through an analysis of medical malpractice votes, a measure of economic efficiency was found to be a statistically significant contributor to a vote for medical malpractice reform. This paper argues that vote models should include such a measure as a supplement to traditional measures of...
Persistent link: https://www.econbiz.de/10014177786
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48
Medical malpractice
Sloan, Frank A.
;
Chepke, Lindsey M.
-
2008
Persistent link: https://www.econbiz.de/10010195171
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49
Medical malpractice
Sloan, Frank A.
-
2008
A comprehensive analysis of medical malpractice from legal, medical, economic, and insurance perspectives that considers why past efforts at reform have not worked and offers recommendations for realistic, achievable policy changes.
Persistent link: https://www.econbiz.de/10012673742
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50
Current entitelt research on medical malpractice liability : a conference sponsored by the John M. Olin Program in Law and Economics at the University of Chicago Law School ; [Conf...
2007
Persistent link: https://www.econbiz.de/10003732220
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