Malpractice Payouts and Malpractice Insurance: Evidence from Texas Closed Claims, 1990–2003&ast

Charles Silver (), Kathryn Zeiler, Bernard S Black, David A Hyman and William M Sage
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Charles Silver: School of Law, University of Texas at Austin, 727 E. Dean Keeton St., Austin, TX 78731, U.S.A.
Kathryn Zeiler: Georgetown University Law Center, 600 New Jersey Ave., NW, Washington, DC 20001, U.S.A.
Bernard S Black: [1] aSchool of Law, University of Texas at Austin, 727 E. Dean Keeton St., Austin, TX 78731, U.S.A.
David A Hyman: Colleges of Law and Medicine, University of Illinois at Urbana-Champaign, 504 East Pennsylvania Avenue, Champaign, IL 61820 U.S.A.
William M Sage: [1] aSchool of Law, University of Texas at Austin, 727 E. Dean Keeton St., Austin, TX 78731, U.S.A.

The Geneva Papers on Risk and Insurance - Issues and Practice, 2008, vol. 33, issue 2, pages 177-192

Abstract: Using medical malpractice claims with payments of $25,000 or more that closed in Texas from 1990 to 2003, this study quantifies physicians' insurance limits and examines the connection between policy size and payments on claims. It finds that most physicians had less than $1 million (nominal) in coverage, that real policy size declined, that settlements at the policy limits were common, that payment size was stable or falling, and that payments above the policy limits were rare. It also finds that physicians rarely made out-of-pocket payments, suggesting the policy limits often cap recoveries, and that the frequency of out-of-pocket payments declined as policy size increased. Results are presented separately for “perinatal physicians.”The Geneva Papers (2008) 33, 177–192. doi:10.1057/gpp.2008.3

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