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Texas Malpractice Studies:
The Original Study
“Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas, 1988-2002” 2 J. Empirical Leg. Stud. 207-259 (2005) (with Bernard Black, Charles Silver, and William Sage), available at http://ssrn.com/abstract=678601.
Press conference announcing the release of the study (Windows Media Player)
Press release for the release of the study (PDF)
News coverage articles of the study:
New York Times Op-Ed, 3/10/2005
AP (PDF)
Austin American Statesman (PDF)
BestWire (PDF)
Business Insurance (PDF)
Chicago Daily Law Bulletin (PDF)
Dallas Morning News (PDF)
Daily Texan (PDF)
Houston Chronicle
Insurance Journal (PDF)
Pittsburgh Post Gazette (PDF)
Reuters (PDF)
San Antonio Express-News (PDF)
Washington Post, 3/10/2005
Other Studies
“Defense Costs in Medical Malpractice and Other Personal Injury Litigation: Evidence from
Texas, 1988-2004,” (forthcoming, 2008) (with Bernard Black, Charles Silver and William
Sage), available at http://ssrn.com/abstract=979163.
“Malpractice Payouts and Malpractice Insurance,” Geneva Papers (forthcoming, 2008) (with Charles Silver, Kathryn Zeiler, Bernard Black and William Sage), available at http://ssrn.com/abstract=983199.
“Physicians’ Insurance Limits and Malpractice Payouts: Evidence From Texas Closed Claims, 1990-2003” J. Legal Studies (forthcoming, 2007) (with Charles Silver, Kathryn Zeiler, Bernard Black and William Sage), available at http://ssrn.com/abstract=981192.
“Do Defendants Pay What Juries Award?: Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988-2003” 4 J. Empirical Leg. Stud. 3-68 (2007) (with Bernard Black, Kathy Zeiler and Charles Silver), available at http://ssrn.com/abstract=914415
FTC-related activities:
What I was doing at the Federal Trade Commission
Website for FTC/DOJ Hearings on Health Care and Competition Law and Policy that I coordinated for the FTC
Improving Health Care: A Dose of Competition (A Report by the Federal Trade Commission and Department of Justice, issued July 23, 2004)
Executive Summary of the Report
Press Release announcing the Report
Press Coverage of the Report
"Special Theme Issue of the Journal of Health, Politics, Policy & Law devoted to the Report" and link to http://jhppl.dukejournals.org/content/vol31/issue3/
Advocacy Letters:
Rhode Island (Any Willing Provider)
• FTC Press Release
• text of the advocacy letter California (PBM Disclosure)
• FTC Press Release
• text of the advocacy letter
• Governor Schwarzenegger's veto letter
Recent articles by Professor Hyman:
“Institutional Review Boards: Is This The Least Worst We Can Do?” 101 Northwestern L. Rev. 749-774 (2007), available at http://ssrn.com/abstract=942862 , reprinted in modified
form as “The Pathologies of Institutional Review Boards,” Regulation 42-49
(Summer, 2007), available at http://ssrn.com/abstract=1001483 .
“The Massachusetts Health Plan: The Good, the Bad, and the Ugly,” 55 Kansas L. Rev. forthcoming, 2007), available at http://ssrn.com/abstract=966323, reprinted in modified form as a Cato Institute briefing paper (2007), available at http://www.cato.org/pub_display.php?pub_id=8431.
“Getting the Haves to Come Out Behind: Fixing the Distributive Injustices of American Health Care,” 69 L. & Contemp. Probs. 265-282 (2006), available at http://ssrn.com/abstract=973918.
“Medical Malpractice Litigation and Tort Reform: It’s the Incentives, Stupid,” 59 Vand. L. Rev. 1085-1136 (2006) (with Charles Silver), available at http://ssrn.com/abstract=942995 .
“Research on Human Subjects: Academic Freedom and the Institutional Review Board,” Academe 95-108 (Sep./Oct. 2006), available at http://www.aaup.org/AAUP/pubsres/academe/2006/SO/Rep/ResearchonHumanSubjects.htm (with Judith Jarvis Thomson, Catherine Elgin, Philip E. Rubin, and Jonathan Knight
“Subsidizing Health Care Providers Through the Tax Code: Status or Conduct?”
Health Affairs Web Exclusive (2006) (with William Sage), available at
http://content.healthaffairs.org/cgi/content/abstract/hlthaff.25.w312.
“Rescue Without Law: An Empirical Perspective on the Duty to Rescue,” 84 Tex. L. Rev. 653-738 (2006), available at http://ssrn.com/abstract=796384.
"The Poor State of Health Care Quality in the U.S.: Is Malpractice Liability Part of the Problem or Part of the Solution,"
90 Cornell L. Rev. 893-993 (2005) (with Charles Silver)
Does Technology Spell Trouble With a Capital T?: Human Dignity and Public Policy"
27 Harvard J. L. & Pub. Pol'y 3-18 (2003)
"Medicare Meets Mephistopheles", 60 WASH. & LEE L. REV. 1165-1205 (2003).
--Presentation of this paper at the American Enterprise Institute
"Why Competition Law Matters to Health Care Quality," 22 Health Affairs 31-44 (March/April, 2003) (with Bill Sage and Warren Greenberg)
"Does Quality of Care Matter to Medicare?"
46 Persp. Bio. & Med. 55-68 (Winter, 2003)
"An Outsider Perspective on Intellectual Property Discourse" in Perspectives on Properties of the Human Genome Project (Elsevier, 2003)
"Medical Malpractice: What Do We Know and What (If Anything) Should We Do About It?"
80 Tex L. Rev. 1639-1655 (2002)
"HIPAA and Health Care Fraud: An Empirical Perspective"
22 Cato J. 151-178 (2002)
"Health Care Fraud and Abuse: Market Change, Social Norms, and ‘the Trust Reposed in the Workmen"
30 J. Legal Studies 531-569 (2001) (with responses by Professor Roger Feldman, An Economic Explanation For Fraud And Abuse In Public Medical Care Programs, 30 J. Legal Studies 569-577 (2001) and Professor Arti Rai, Health Care Fraud and Abuse: A Tale of Behavior Induced By Payment Structure, 30 J. Legal Studies 579-587 (2001).)
"Two Cheers For Employment-Based Health Insurance,"
2 Yale J. Health Pol'y, L. & Ethics 23-57 (2001) (with Mark Hall)
"You Get What You Pay For: Result-Based Compensation for Health Care,"
58 Washington & Lee L. Rev. 1427-1490 (2001) (with Charles Silver)
Just What the Patient Ordered: The Case For Result-Based Compensation in Health Care,
29 J. L. Med. & Ethics 170-173 (2001) (with Charles Silver) "What Lessons Should We Learn From Drive-Through Deliveries?"
107 Pediatrics 406-8 (2001)
"Do Good Stories Make For Good Policy?"
25 J. Health, Politics, Pol'y & L. 1149-1155 (2000)
"Regulating Managed Care: What's Wrong With A Patient Bill of Rights,"
73 S. Cal. L. Rev. 221-275 (2000)
Lies, Damned Lies, and Narrative
73 Indiana L. J. 797-865 (1998)
My SSRN webpage
Recent presentations by Professor Hyman:
Testimony before the Joint Economic Committee, Hearing on the Burden of Health Services Regulation, May 13, 2003 (108th Congress)
Joint Economic Committee Website for Hearing on the Burden of Health Services Regulation
Medicare: Did The Devil Make us Do It? (presentation at the American Enterprise Institute), February 27, 2004
Health Care Fraud and HIPAA: Where's The Beef
(Presentation at the Cato Institute Health Policy Conference on Making a Federal Case out of Health Care: Five Years of HIPAA (July 31, 2001)).
View the Presentation
The Politics of Managed Care: Second Opinions, New Opinions (Presentation at the Cato Institute( April 17, 2001))
View the Presentation - View the Q&A
Access to "Free" Health Care: Restructuring the Safety Net (Presentation at the Cato Institute( November 29, 2001))
View the Presentation - View the Q&A
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