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Article
An Empirical Assessment of Early Offer Reform for Medical Malpractice
The Journal of Legal Studies
  • Joni Hersch
  • W. Kip Viscusi
Document Type
Article
Publication Date
1-1-2007
Keywords
  • medical personnel,
  • malpractice,
  • payment
Disciplines
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.

Citation Information
Joni Hersch and W. Kip Viscusi. "An Empirical Assessment of Early Offer Reform for Medical Malpractice" The Journal of Legal Studies Vol. 36 (2007) p. S231 ISSN: 0047-2530
Available at: http://works.bepress.com/joni-hersch/24/