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Policy Analysis of Medical Malpractice Reforms: What Can We Learn from Claims Data?

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  • Hughes, James W
  • Snyder, Edward A

Abstract

Selection processes that are inherent in litigation complicate policy-oriented research of medical malpractice tort reforms. In regard to their deterrent impact, the range of potential inferences based on analyses of claim frequency is limited because plaintiffs only file a subset of potential claims. In regard to their impact on litigation costs, researchers often analyze data on claim disposition, but it is difficult to determine whether effects attributed to tort reforms reflect changes in litigant behavior or their influences on the selection of claims. In this article, we evaluate these problems and report results of our study of the effects of medical malpractice reforms on claim disposition.

Suggested Citation

  • Hughes, James W & Snyder, Edward A, 1989. "Policy Analysis of Medical Malpractice Reforms: What Can We Learn from Claims Data?," Journal of Business & Economic Statistics, American Statistical Association, vol. 7(4), pages 423-431, October.
  • Handle: RePEc:bes:jnlbes:v:7:y:1989:i:4:p:423-31
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    Citations

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    Cited by:

    1. Green, Richard K. & White, Michelle J., 1997. "Measuring the Benefits of Homeowning: Effects on Children," Journal of Urban Economics, Elsevier, vol. 41(3), pages 441-461, May.
    2. James Hughes & Elizabeth Savoca, 1999. "Accounting for censoring in duration data: An application to estimating the effect of legal reforms on the duration of medical malpractice disputes," Journal of Applied Statistics, Taylor & Francis Journals, vol. 26(2), pages 219-228.
    3. Jensen, Gail A. & Spurr, Stephen J. & Weycker, Derek A. & Bulycheva, Maria, 1999. "Physicians and the risk of medical malpractice: The role of prior litigation in predicting the future," The Quarterly Review of Economics and Finance, Elsevier, vol. 39(2), pages 267-289.
    4. William Choi & Lan Liang, 2007. "Reverse moral hazard of liability insurers: evidence from medical malpractice claims," Applied Economics, Taylor & Francis Journals, vol. 39(18), pages 2331-2340.
    5. Jean O. Lanjouw & Mark Schankerman, 1997. "Stylized Facts of Patent Litigation: Value, Scope and Ownership," NBER Working Papers 6297, National Bureau of Economic Research, Inc.
    6. Poitras, Marc & Frasca, Ralph, 2011. "A unified model of settlement and trial expenditures: The Priest√ĘKlein model extended," International Review of Law and Economics, Elsevier, vol. 31(3), pages 188-195, September.
    7. Hughes, James W. & Savoca, Elizabeth, 1997. "Measuring the effect of legal reforms on the longevity of medical malpractice claims," International Review of Law and Economics, Elsevier, vol. 17(2), pages 261-273, June.
    8. Spurr, Stephen J. & Howze, Sandra, 2001. "The effect of care quality on medical malpractice litigation," The Quarterly Review of Economics and Finance, Elsevier, vol. 41(4), pages 491-513.
    9. Lerner, Josh, 1995. "Patenting in the Shadow of Competitors," Journal of Law and Economics, University of Chicago Press, vol. 38(2), pages 463-495, October.

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