Document Type
Article
Publication Date
12-2012
Journal Title
American Law and Economics Review
ISSN
1465-7252
DOI
10.1093/aler/ahs017
Abstract
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 to those brought by adult non-elderly plaintiffs. Controlling for healthcare utilization (based on inpatient days), elderly paid claims rose from about 20% to about 40% of the adult non-elderly rate by the early 2000s. Mean and median payouts per claim also converged, although the elderly were far less likely to receive large payouts. Tort reform strongly affected claim rates and payouts for both groups, but disproportionately reduced payouts to elderly claimants. We thus find evidence of convergence between the elderly and the adult non-elderly in both claim rates and payouts, which is interrupted by tort reform.
First Page
561
Last Page
600
Num Pages
40
Volume Number
14
Issue Number
2
Publisher
Oxford University Press
Rights
Copyright The Authors 2012. Published by Oxford University Press on behalf of the American Law and Economics Association. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.
Recommended Citation
Myungho Paik, Bernard S. Black, David A. Hyman, William M. Sage & Charles M. Silver,
How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas,
14
Am. L. & Econ. Rev.
561
(2012).
Available at:
https://scholarship.law.tamu.edu/facscholar/1695
File Type
Included in
Elder Law Commons, Health Law and Policy Commons, State and Local Government Law Commons, Torts Commons