49 0

The Receding Tide of Medical Malpractice Litigation: Part 2-Effect of Damage Caps

Title
The Receding Tide of Medical Malpractice Litigation: Part 2-Effect of Damage Caps
Author
백명호
Keywords
TORT REFORMS; INSURANCE
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.639-669
Abstract
We study the effect of damage caps adopted in the 1990s and 2000s on medical malpractice claim rates and payouts. Prior studies found some evidence that caps reduce payout per claim, but mixed and weak evidence on whether caps reduce paid claim rates and payout per physician. However, most prior studies do not allow for the gradual phase-in of damage caps, which usually apply only to lawsuits filed after the reform's effective date, or only to injuries after the effective date. Once we allow for phase-in, we find strong evidence that damage caps reduce both claim rates and payout per claim, with a large combined impact on payout per physician. The drop in claim rates is concentrated in claims with larger payoutsthe ones that we expect to be most affected by a damages cap. Stricter caps have larger effects. Some prior studies also find a large impact of tort reforms other than damage caps. Once we allow for phase-in, we find that these other reforms have no significant impact on either claim rates or payout per claim.
URI
http://onlinelibrary.wiley.com/doi/10.1111/jels.12022/fullhttp://hdl.handle.net/20.500.11754/44822
ISSN
1740-1453; 1740-1461
DOI
10.1111/jels.12022
Appears in Collections:
COLLEGE OF POLICY SCIENCE[S](정책과학대학) > POLICY STUDIES(정책학과) > Articles
Files in This Item:
There are no files associated with this item.
Export
RIS (EndNote)
XLS (Excel)
XML


qrcode

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.

BROWSE