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Cultures of Claiming: Local Variation in Malpractice Claim Frequency

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  • Kevin D. Hart
  • Philip G. Peters

Abstract

Several studies have examined rates of malpractice claims at state levels, but there is little systematic work looking at variations of claiming rates within a state. This study reports on small‐area variations in malpractice claim rates within New York State over a 14‐year period. Counties with high rates generally had high rates over the entire period, while counties with low rates maintained low rates. Rates across counties varied considerably, with an almost five‐times difference between the rates for the lowest county and the highest county. In a multivariate analysis using claim data from five years, we found median family income was one of the strongest factors positively associated with the claim rate. A measure of the risk of hospital admissions for an adverse outcome also had a strong association with the county's malpractice claim rate, but the risk factor was negatively associated with high claim rates, perhaps suggesting an association with quality of care and malpractice claims.

Suggested Citation

  • Kevin D. Hart & Philip G. Peters, 2008. "Cultures of Claiming: Local Variation in Malpractice Claim Frequency," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(1), pages 77-107, March.
    • Handle: RePEc:wly:empleg:v:5:y:2008:i:1:p:77-107
    DOI: 10.1111/j.1740-1461.2007.00119.x
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