Document Type
Article
Publication Title
The Journal of Legal Studies
Publication Date
2007
ISSN
0047-2530
Page Number
S231
Keywords
medical personnel, malpractice, payment
Disciplines
Law | Medical Jurisprudence
Abstract
The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic losses and reasonable attorney fees. Using a large sample of closed individual medical malpractice claims from Texas supplemented by data from Florida, this article provides an empirical assessment of the consequences of the early offer reform. Noneconomic damages make up about two-thirds of paid claim amounts. The minimum payment amount for serious injuries will affect the magnitude of insurer savings and claimant compensation. Payments to claimants will be expedited by 2 years by the early offer reform, and litigation costs will be reduced by an average of $100,000-$200,000 per claim.
Recommended Citation
Joni Hersch and W. Kip Viscusi,
An Empirical Assessment of Early Offer Reform for Medical Malpractice, 36 The Journal of Legal Studies. S231
(2007)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/682