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State Tort Reforms and Hospital Malpractice Costs

Published online by Cambridge University Press:  01 January 2021

Charles R. Ellington ,
Martey Dodoo ,
Robert Phillips ,
Ronald Szabat ,
Larry Green  and
Kim Bullock
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Extract

Medical liability remains a major concern among U.S. physicians, and according to the American Medical Association (AMA) the United States is currently experiencing its third fullblown medical liability crisis with many physicians limiting their practices as a result of rising malpractice costs. The AMA, many in the medical community, and several prominent politicians including former president George W. Bush have called for medical liability reform including caps on non-economic damages. Some researchers argue that the medical liability crisis has been overdrawn. Several studies have shown that the vast majority of patients injured through medical malpractice do not sue, that the insurance cycle is likely major contributor to rising malpractice insurance premiums, and that defensive medicine likely plays a minor role in rising health care costs. Further, evidence shows that malpractice damage caps may lead to a crossover effect where juries increase the amount of economic damages they award to offset limitations in non-economic damages available.

Type
Independent
Information
Journal of Law, Medicine & Ethics , Volume 38 , Issue 1 , Spring 2010 , pp. 127 - 133
Copyright
Copyright © American Society of Law, Medicine and Ethics 2010

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References

American Medical Association, Medical Liability Reform-NOW!, February 5, 2008, available at <http://www.ama-assn.org/amal/pub/upload/mm/-l/mlrnow.pdf> (last visited February 2, 2010).+(last+visited+February+2,+2010).>Google Scholar
Baker, T.,The Medical Malpractice Myth (Chicago: University of Chicago Press, 2005).CrossRefGoogle Scholar
Sharkey, C., “Unintended Consequences of Medical Malpractice Damages Caps,” New York University Law Review 80, no. 2 (2005): 391–512.Google Scholar
Zuckerman, S., Bovberg, R., and Sloan, F., “Effects of Tort Reforms and Other Factors on Medical Practice Insurance Premiums,” Inquiry 27, no. 2 (1990): 167–182; Sloan, F., Mergenhagen, P., and Bovberg, R., “Effects of Tort Reforms on the Value of Closed Medical Malpractice Claims: A Microanalysis,” Journal of Health Politics, Policy and Law 14, no. 4 (1989): 663–689.Google Scholar
See Baker, , supra note 2; Sharkey, , supra note 3; Zuckerman, et al., supra note 4; Sloan, et al., supra note 4; Viscusi, W. K. et al., “The Effect of 1980s Tort Reform Legislation on General Liability and Medical Malpractice Insurance,” Journal of Risk Uncertainty 6, no. 2 (1993): 165–186; Born, P. and Viscusi, W. K., “The Distribution of the Insurance Market Effects of Tort Liability,” in Winston, C., Baily, M. N., and Reiss, R. C., eds., Brookings Papers on Economic Activity, Microeconomics: 1998 (Washington, D.C.: Brookings Institute Press, 1999): At 55–100; Kessler, D., McClellan, M., “Do Doctors Practice Defensive Medicine?” Quarterly Journal of Economics 111, no. 2 (1996): 353–390; Yoon, A., “A Damage Caps and Civil Litigation: An Empirical Study of Medical Malpractice Litigation in the South,” American Law and Economics Review 3, no. 2 (2001): 199–227; Thorpe, K. E., “The Medical Malpractice ‘Crisis’: Recent Trends and the Impact of State Tort Reforms,” Health Affairs Supplement, Web Exclusives (2004): W4–W30, available at <http://content.healthaffairs.org/webexclusives/index.dtl?year=2004> (last visited February 2, 2010); Guirguis-Blake, J. et al., “The US Medical Liability System: Evidence for Legislative Reform,” Annals of Family Medicine 4, no. 3 (2006): 240–246.Google Scholar
See Kessler, and McClellan, , supra note 5; AMA, supra note 1.Google Scholar
Congressional Budget Office, Congressional Budget Office Letter to Senator Orrin Hatch, October 9, 2009, available at <http://www.cbo.gov/ftpdocs/106xx/doc10641/10-09-Tort_Reform.pdf> (last visited February 2, 2010).+(last+visited+February+2,+2010).>Google Scholar
See Yoon, , supra note 5.Google Scholar
Agency for Healthcare Research & Quality, Research Activities, “Physician Supply Increases in States with Caps on Malpractice Lawsuit Awards, with the Greatest Impact in Rural Areas,” June 2005, available at <http://www.ahrq.gov/research/jun05/0605RA1.htm> (last visited February 2, 2010).+(last+visited+February+2,+2010).>Google Scholar
See Thorpe, , supra note 5; Zuckerman, et al., supra note 4.Google Scholar
American Hospital Association, The Fragile State of Hospital Finances, 2005, 1–9, available at <http://www.aha.org/aha/content/2005/pdf/05fragilehosps.pdf> (last visited February 2, 2010).+(last+visited+February+2,+2010).>Google Scholar
American Hospital Association, Challenges Facing Rural Hospitals, Trend Watch 4, no. 1 (2002), available at <http://www.aha.org/aha/trendwatch/2002/twjune2002.pdf> (last visited February 2, 2010).+(last+visited+February+2,+2010).>Google Scholar
General Accounting Office, Medical Malpractice: Implications of Rising Premiums on Access to Health Care, August 2003, Report to Congressional Requestors, GAO-03-836; see Born and Viscusi, supra note 5.Google Scholar
American Tort Reform Association, ATRA Tort Reform Record, December 31, 2003, available at <http://www.atra.org/files.cgi/8442_record_12-09.pdf> (last visited February 2, 2010).+(last+visited+February+2,+2010).>Google Scholar
Bryck, A. S. and Raudenbush, S. W., Hierarchical Linear Modeling: Applications and Data Analysis Methods, 2nd ed. (New York: Sage Publications, 2001).Google Scholar
See AMA, supra note 1.Google Scholar
American Hospital Association, “Medical Liability Insurance: Looming Crisis,” Trend Watch 4, no. 3 (June 2002), available at <http://www.aha.org/aha/trendwatch/2002/tw020618medliap1.pdf> (last visited February 2, 2010); AMA, supra note 1.+(last+visited+February+2,+2010);+AMA,+supra+note+1.>Google Scholar
American Hospital Association, The Fragile State of Hospital Finances, 2005, available at <http://www.aha.org/aha/content/2005/pdf/05fragilehosps.pdf> (last visited February 2, 2010); see Baker, , supra note 2.Google Scholar