The Impact Of The 2003 Texas Medical Malpractice Damages Cap On Physician Supply And Insurer Payouts
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The Impact Of The 2003 Texas Medical Malpractice Damages Cap On Physician Supply And Insurer Payouts
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Author : Charles Silver
language : en
Publisher:
Release Date : 2008*
The Impact Of The 2003 Texas Medical Malpractice Damages Cap On Physician Supply And Insurer Payouts written by Charles Silver and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008* with Physicians categories.
Research Handbook On The Economics Of Torts
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Author : Jennifer Arlen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-11-29
Research Handbook On The Economics Of Torts written by Jennifer Arlen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-29 with Law categories.
Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Estimating The Effect Of Damages Caps In Medical Malpractice Cases
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Author : David A. Hyman
language : en
Publisher:
Release Date : 2009
Estimating The Effect Of Damages Caps In Medical Malpractice Cases written by David A. Hyman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
Using claim-level data, we estimate the effect of Texas's 2003 cap on non-economic damages on jury verdicts, post-verdict payouts, and settlements in medical malpractice cases closed during 1988-2004. For pro-plaintiff jury verdicts, the cap affects 47 percent of verdicts, and reduces mean allowed non-economic damages, mean allowed verdict, and mean total payout by 73 percent, 38 percent, and 27 percent, respectively. In total, the non-econ cap reduces adjusted verdicts by $156M, but predicted payouts by only $60M. The impact on payouts is smaller because a substantial portion of the above-cap damage awards were not being paid to begin with. In cases settled without trial, the non-econ cap affects 18 percent of cases and reduces predicted mean total payout) by 18 percent. The non-econ cap has a smaller impact on settled cases than tried cases because settled cases tend to involve smaller payouts. The impact of the non-econ cap varies across plaintiff categories. Deceased, unemployed, and (likely) elderly plaintiffs suffer a larger percentage reduction in payouts than living, employed, and non-elderly plaintiffs. We also simulate the effects of different caps, and find substantial differences in cap stringency across states. Different caps reduce aggregate payouts in tried cases (all cases) by between 16 percent and 65 percent (7 percent and 42 percent). Caps on total damages have especially large effects.
The Cost Of The Medical Liability System Proposals For Reform Including H R 5 The Help Efficient Accessible Low Cost Timely Healthcare Health Act Of 2011
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Author : United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health
language : en
Publisher:
Release Date : 2013
The Cost Of The Medical Liability System Proposals For Reform Including H R 5 The Help Efficient Accessible Low Cost Timely Healthcare Health Act Of 2011 written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Medical care categories.
Medicine And Social Justice
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Author : Rosamond Rhodes
language : en
Publisher: Oxford University Press
Release Date : 2012-09-13
Medicine And Social Justice written by Rosamond Rhodes and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-13 with Medical categories.
This unique and comprehensive second edition of an important volume presents writing from renowned authors about achieving social justice in medicine. Each of the 42 chapters addresses continuing and emerging policy challenges facing medicine. They deepen our understanding of theoretical and practical aspects of issues in the contemporary debate.
Medical Liability Reform
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Author : United States. Congress. House. Committee on the Judiciary
language : en
Publisher:
Release Date : 2011
Medical Liability Reform written by United States. Congress. House. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Business & Economics categories.
Research Handbook On Economic Models Of Law
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Author : Thomas J. Micell
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-12-27
Research Handbook On Economic Models Of Law written by Thomas J. Micell and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-27 with Law categories.
øOne of the great successes of the law and economics movement has been the use of economic models to explain the structure and function of broad areas of law. The original contributions to this volume epitomize that tradition, offering state-of-the-art
Blood In The Water
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Author : Walter Champion
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-06-22
Blood In The Water written by Walter Champion and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-22 with Law categories.
This book looks at mass tort litigation in a variety of formats including lawsuits against manufacturers and Big Pharma. The authors argue that without the personal injury bar, outrageous examples of rampant corporate greed would continue to this day. The author references many class actions such as the exploding Pinto, Agent Orange, the Opioid epidemic, and concussions in the NFL. Tort reform zealots argue that these lawsuits are bogus and detrimental to the American way of life. This is, of course, ridiculous. The authors argue that attorneys are the only means to alleviate the excesses of corporate greed by showing multiple cases of mistakes that were purposefully ignored because of the quest for corporate gain. Big corporations live by a cost/benefit analysis that allow and even foster the inevitable lawsuit which results from their greed.
Cases And Materials On Torts
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Author : Richard A. Epstein
language : en
Publisher: Aspen Publishing
Release Date : 2024-01-31
Cases And Materials On Torts written by Richard A. Epstein and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-31 with Law categories.
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Concise yet comprehensive Torts Casebook gives 1Ls a solid foundation in the historical evolution of doctrine and social and economic theory to apply to contemporary issues facing courts. Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversy in fast-moving areas like public nuisance, global warming, products liability, and new litigation against internet providers. Towards our dual ends, the Thirteenth Edition retains the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. This book also provides a rich exploration of the dominant corrective justice and deterrence (or prevention of harm) approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Thirteenth Edition: ● Developments at the cutting edge of public nuisance law, including the opioids crisis, global warming, and the sale of guns. ● Expanded consideration of the duties of online platforms, as illustrated by vicarious liability against Uber; products liability against Snapchat for defective algorithmic design and against Amazon for sale of defective goods; and novel claims of affirmative duties to rescue on Facebook and rideshare companies. ● Developments in drug litigation, including duties to report adverse events to regulators post-approval and “innovator liability” on brand-name manufacturers for failure to warn by generic manufacturers. ● Recent transformations in setting of compensatory damage awards, with the addition of draft materials of the Restatement (Third) of Torts: Remedies, including matters relating to race and gender. ● A more streamlined casebook appropriate for a comprehensive 1L Torts course. Professors and students will benefit from: ● Clear organizational framework of the book ● Important historical lines of cases that help understand legal reasoning and the evolution of precedent ● Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law ● Extensive notes with topic headlines that elaborate basic concepts through relevant cases, both old and new, that help shape the most complex contemporary issues facing courts ● Great attention given to cutting edge tort developments
Policy Limits Payouts And Blood Money
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Author : Charles Silver
language : en
Publisher:
Release Date : 2016
Policy Limits Payouts And Blood Money written by Charles Silver and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
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 physicians were rare and usually small. Physicians could reduce their personal exposure to near zero by carrying $1 million in primary coverage -- a standard amount in many states. Finally, the real amount of insurance coverage purchased by physicians with paid claims declined substantially over 1988-1999, consistent with physicians learning over time how low the OOPP risk was and deciding to carry less coverage.We now revisit our findings, using an extended dataset (1988-2005) that lets us study policies purchased through 2003, which encompasses the period during which Texas experienced a med mal insurance crisis (1999-2003) and adopted tort reform to limit med mal lawsuits (2003). Our updated findings are largely consistent with our original findings: policy limits continue to cap recoveries; physicians still rarely make OOPPs; most OOPPs are modest; and real policy limits continue to shrink. We also find evidence that, at the end of the extended period, physicians often purchased less coverage (i.e., policies with limits of $100,000-$200,000 instead of $500,000-$1 million).Our findings have important policy implications. If physicians carry less real coverage over time, lawsuits should become less profitable. This will make it harder for injured patients to find plaintiffs' lawyers willing to handle their cases; shift the cost of medical injuries away from providers and toward patients and first-party health insurers; weaken liability insurers' incentives to monitor providers; and diminish the (already modest) deterrent effect of tort law. If these findings are representative, they may help explain the nationwide decline in med mal claiming that we document elsewhere. Finally, our findings raise questions about the explanatory power of Baker's “blood money” norm, at least for med mal litigation.