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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...
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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...
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Nine states adopted caps on non-economic damages during the third medical malpractice reform wave from 2002-2005, joining twenty-two other states with caps on non-economic or total damages. We study the effects of these reforms on physician supply. Across a variety of difference-in-differences...
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This online appendix contains additional results for Paik, Black, and Hyman (2016), Damage Caps and the Labor Supply of Physicians: Evidence from the Third Reform Wave. It also reconciles our results to Helland and Seabury (2015). The underlying article is published at 18 American Law and...
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Does tort reform reduce defensive medicine and thus healthcare spending? Several (though not all) prior studies, using a difference-in-differences (DiD) approach, find lower Medicare spending for hospital care after states adopt caps on non-economic or total damages (“damage caps”), during...
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