• Kirk Hartley

The Indiana Chapter of Medical Malpractice Claims

A July 6, 2018 paper in SSRN, from experienced investigators, provides an apparently  notable body of evidence about medical malpractice claiming in Indiana.  It is:  Medical Malpractice Litigation and the Market for Representation: Evidence from Indiana. From this page of SSRN:

“Medical Malpractice Litigation and the Market for Representation: Evidence from Indiana

19 Pages Posted: 6 Jul 2018


David A. Hyman

Georgetown University Law Center

Jing Liu

University of Illinois College of Law

Bernard S. Black

Northwestern University – Pritzker School of LawNorthwestern University – Kellogg School of Management; European Corporate Governance Institute (ECGI)

Date Written: June 29, 2018


Abstract

How concentrated is the market for medical malpractice (med mal) legal representation, whether for plaintiffs or defendants? How often do plaintiffs proceed pro se, and with what results? Do successful lawyers start off with better cases to begin with or do they add more value to the cases — or both? Building on earlier work involving Illinois, we use a dataset of every med mal case filed in Indiana during 1976-2014 to identify the 3,324 plaintiff-side firms and 784 defense-side firms that handle these cases. We stratify these firms into three tiers and compare case outcomes with different tier match-ups. Finally, we use propensity score weighting to place some boundaries on the effect of representation on the chances of prevailing and on total recovery.

Keywords: pro se, represented, market for representation

Suggested Citation:

Hyman, David A. and Liu, Jing and Black, Bernard S., Medical Malpractice Litigation and the Market for Representation: Evidence from Indiana (June 29, 2018). Available at SSRN: https://ssrn.com/abstract=3205704″

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