Professor David Hyman

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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

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
Austin American Statesman (PDF)
BestWire (PDF)
Business Insurance (PDF)
Chicago Daily Law Bulletin (PDF)
Dallas Morning News (PDF)
Insurance Journal (PDF)
Pittsburgh Post Gazette (PDF)
Reuters (PDF)
San Antonio Express-News (PDF)
Washington Post, 3/10/2005

Other Studies

“Estimating The Effect of Damage Caps in Medical Malpractice Cases: Evidence from Texas” J. Legal Analysis (forthcoming, 2008) (with Bernard Black, Charles Silver and William Sage), available at

“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

“Malpractice Payouts and Malpractice Insurance,” 33 Geneva Papers 177-192 (2008) (with Charles Silver, Kathryn Zeiler, Bernard Black and William Sage), available at

“Physicians’ Insurance Limits and Malpractice Payouts: Evidence From Texas Closed Claims, 1990-2003” 36 J. Legal Studies S9-S45 (2007) (with Charles Silver, Kathryn Zeiler, Bernard Black and William Sage), available at

“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

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

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

Selected Recent articles by Professor Hyman:

"Not Worth the Pain and Suffering", Forbes (2008), available at:

“Controlling the Cost of Medical Care: A Dose of Deregulation,” in Beyond Learned Helplessness:  America’s Health Care Cost Conundrum, Brookings Institution Press (forthcoming 2008) (with Richard Epstein), available at

“Medicare: Did The Devil Make Us Do It?” and “Cooling out the Marks, Medicare Style: Balancing Demonic Vices and Cardinal Virtues,” 155 U. Pa L. Rev. Pennumbra  (2008) (exchange with Prof. Jill Horwitz), available at

"Health Insurance: Government Failure or Market Failure?" Ct. Ins. L. J. (forthcoming, 2008), available at

“Institutional Review Boards: Is This The Least Worst We Can Do?” 101 Northwestern L. Rev.   749-774 (2007), available at , reprinted in modified
form as “The Pathologies of Institutional Review Boards,” Regulation 42-49
(Summer, 2007), available at .

“The Massachusetts Health Plan: The Good, the Bad, and the Ugly,” 55 Kansas L. Rev.   forthcoming, 2007), available at, reprinted in modified form as a Cato Institute briefing paper (2007), available at

“Getting the Haves to Come Out Behind: Fixing the Distributive Injustices of American Health Care,” 69 L. & Contemp. Probs. 265-282 (2006), available at

“Medical Malpractice Litigation and Tort Reform: It’s the Incentives, Stupid,” 59 Vand. L. Rev. 1085-1136 (2006) (with Charles Silver), available at .

“Research on Human Subjects: Academic Freedom and the Institutional Review Board,” Academe 95-108 (Sep./Oct. 2006), available here (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

“Rescue Without Law: An Empirical Perspective on the Duty to Rescue,” 84 Tex. L. Rev.  653-738 (2006), available at

"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

"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).)

My SSRN webpage