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The Receding Tide of Medical Malpractice Litigation: Part 1-National Trends

Title
The Receding Tide of Medical Malpractice Litigation: Part 1-National Trends
Author
백명호
Keywords
ROGERS,WILL PHENOMENON; ADVERSE EVENTS; CLAIMS; TEXAS; PERFORMANCE; SURVIVAL; CANCER; SYSTEM; COSTS
Issue Date
2013-10
Publisher
WILEY-BLACKWELL, 111 RIVER ST, HOBOKEN 07030-5774, NJ USA
Citation
JOURNAL OF EMPIRICAL LEGAL STUDIES, 2013, 10(4), P.612-638
Abstract
The United States has experienced three medical malpractice (med mal) crises in the past 40 years. In response, 31 states now have caps on noneconomic or total damages. Researchers have studied the impact of these caps, relative to control states without caps, but have not studied trends in no-cap states or overall national trends. We find that the per-physician rate of paid med mal claims has been dropping for 20 years and in 2012 was less than half the 1992 level. Lawsuit rates, in the states with available data, are also declining, at similar rates. Small paid claims (payout < $50,000 in 2011 dollars) have been dropping for the full period; large paid claims (payout $50,000) have been dropping since 2001. Payout per large paid claim was roughly flat. Payouts per physician have been dropping since 2003, and by 2012 were 48 percent below their 1992 level. The third wave of damage cap adoptions over 2003-2006 contributed to this trend, but there are also large declines in no-cap states.
URI
http://onlinelibrary.wiley.com/doi/10.1111/jels.12021/fullhttp://hdl.handle.net/20.500.11754/44821
ISSN
1740-1453; 1740-1461
DOI
10.1111/jels.12021
Appears in Collections:
COLLEGE OF POLICY SCIENCE[S](정책과학대학) > POLICY STUDIES(정책학과) > Articles
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