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Tort Liability and Obstetricians' Care Levels

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  • Sloan, Frank
  • Entman, Stephen S.
  • Reilly, Bridget A.
  • Cheryl A. Glass
  • Gerald B. Hickson
  • Harold H. Zhang

Abstract

In this study, we assess practice changes made in response to the threat of tort liability in the field of obstetrics, which has one of the highest levels of premiums, claim frequency, and mean dollar value of paid claims. There is much "conventional wisdom" about effects of tort liability risk on obstetrical practice based on obstetricians' perceptions of changes that have occurred. Our data comes from the Survey of Obstetrical Care in 1992, a survey of 963 women who had given birth in 1987 in 31 counties in Florida conducted for purposes of this study and related studies of medical malpractice and birth outcomes. Our results suggest that some antenatal testing is responsive to variation in the threat of being used. But for most measures included in our study, half of the antenatal testing variables, the decision to perform a cesarean section, and various dimensions of maternal satisfaction with care, our empirical analysis failed to reveal that obstetricians practice more "defensively" in areas with relatively high suit rates.

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Bibliographic Info

Paper provided by Duke University, Department of Economics in its series Working Papers with number 95-07.

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Date of creation: 1995
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Publication status: Published in INTERNATIONAL REVIEW OF LAW AND ECONOMICS, Vol. 17, 1997, pages 245-260
Handle: RePEc:duk:dukeec:95-07

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Postal: Department of Economics Duke University 213 Social Sciences Building Box 90097 Durham, NC 27708-0097
Phone: (919) 660-1800
Fax: (919) 684-8974
Web page: http://econ.duke.edu/

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Cited by:
  1. Janet Currie & W. Bentley MacLeod, 2008. "First Do No Harm? Tort Reform and Birth Outcomes," The Quarterly Journal of Economics, MIT Press, vol. 123(2), pages 795-830, 05.
  2. Paul Fenn & Alastair Gray & Neil Rickman, 2004. "Liability, insurance and defensive medicine: new evidence," School of Economics Discussion Papers 0304, School of Economics, University of Surrey.
  3. Dubay, Lisa & Kaestner, Robert & Waidmann, Timothy, 2001. "Medical malpractice liability and its effect on prenatal care utilization and infant health," Journal of Health Economics, Elsevier, vol. 20(4), pages 591-611, July.
  4. Dubay, Lisa & Kaestner, Robert & Waidmann, Timothy, 1999. "The impact of malpractice fears on cesarean section rates," Journal of Health Economics, Elsevier, vol. 18(4), pages 491-522, August.
  5. Sloan, Frank A. & Shadle, John H., 2009. "Is there empirical evidence for "Defensive Medicine"? A reassessment," Journal of Health Economics, Elsevier, vol. 28(2), pages 481-491, March.
  6. Chetty, V. K., 1998. "Stochastic technology, production organization and costs," Journal of Health Economics, Elsevier, vol. 17(2), pages 187-210, April.
  7. Fenn, Paul & Gray, Alastair & Rickman, Neil, 2007. "Liability, insurance and medical practice," Journal of Health Economics, Elsevier, vol. 26(5), pages 1057-1070, September.

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