Physicians’ Insurance Limits and Malpractice Payments: Evidence
from Texas Closed Claims, 1990-2003
Kathryn Zeiler,* Georgetown University
Charles Silver,** University of Texas
Bernard Black,*** University of Texas
David A. Hyman,**** University of Illinois
William M. Sage,***** Columbia University
(draft May 2006)
ABSTRACT
Although tort liability is supposed to encourage health care providers to reduce the risk
of patient injuries, medical malpractice insurance is thought to dampen this deterrent
effect by insulating physicians from the costs of claims. The degree to which
malpractice insurance protects physicians from these costs has never been quantified,
however, and the oft-heard claim that every physician is “one lawsuit away from
financial disaster” suggests that doctors face significant exposure in malpractice
lawsuits, despite being insured. This study quantifies the frequency with which insured
physicians pay out of their own pockets to satisfy malpractice claims. Using Texas
Department of Insurance data on closed medical malpractice claims for 1990-2003, we
find that claimants frequently received the available primary coverage and rarely
recovered more. Physicians almost never used personal assets to cover paid claims. In
addition, we find that even though Texas physicians with paid claims purchased less
real coverage over time, claim rates and average payments remained relatively stable
over the period of study.
Physicians’ Insurance Limits and Malpractice Payments: Evidence
from Texas Closed Claims, 1990-2003
Kathryn Zeiler, Charles Silver, Bernard Black, David A. Hyman & William M. Sage*
I. INTRODUCTION
Although tort liability is supposed to exert pressure on physicians to improve
patient safety, “the evidence that the [malpractice] system deters medical negligence can
be characterized as limited at best.”1
The problem may have many causes, including
malpractice insurance. Because it insulates physicians from the direct costs of errors,
malpractice insurance is thought to dampen their incentives to exercise reasonable care.2
The degree to which insurance protects physicians has never been quantified,
however, and the oft-heard lament that every physician is “one lawsuit away from
financial disaster” suggests that the protection they enjoy is far from complete.3
If
physicians bear considerable personal exposure despite being insured, the liability system
should generate at least some pressure to improve safety. Alternatively, if their personal
exposure to malpractice claims is small, liability would have no deterrent effect unless its
*
Please address correspondence to Kathryn Zeiler at zeiler@law.georgetown.edu.
We benefited greatly from helpful discussions with the Georgetown Junior Group (James Forman, Kris
Henning, Greg Klass, John Mikhail, Nick Rosencrantz and David Vladeck), and received comments from
Stephen Salop. We presented earlier versions of this article at the Georgetown University Law Center, New
York University School of Law, the Northwestern University Law School, and the University of Texas
School of Law, and are grateful for comments received on those occasions. We owe special thanks to
Vicky Knox at the Texas Department of Insurance. Thanks also to JaeJoon Han, An-Shih Liu, and Rachel
Miras-Wilson for excellent research assistance. Funding for this study was provided by [include funding
sources here].
1
David M. Studdert, Michelle M. Mello, and Troyen A. Brennan, Medical Malpractice, N. Engl. J. Med.
350:3 283, 286 (Jan. 15, 2004)
2
Paul C. Weiler et al., A Measure of Malpractice: Medical Injury, Malpractice Litigation, and Patient
Compensation 114 (1993). Uninsured costs of litigation, such as psychological stress and reputational loss,
may nonetheless motivate physicians to protect patients from harm.
3
Robert Lowes. Protect your assets before you're sued. Medical Economics Feb. 21, 2003, pp. 80-82. [add
additional cites]
متن کامل را پس از پرداخت وجه می توانید دانلود نمایید.لطفا مشخصات خواسته شده را جهت پیگیری پرداخت دقیق وارد نمایید.
نوع فایل : Pdf فایل زیپ شده
تعداد صفحات 37
حجم : 324 kb
مبلغ قابل پرداخت 35000 ریال
پس از پرداخت موفق وجه به صورت خودکار به صفحه دانلود هدایت می شوید و می توانید فایل را دانلود کنیددر صورت هرگونه مشکل با پشتیبانی 09357668326 تماس بگیرید.