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Both Symptom and Disease: Relating Medical Malpractice to Health-Care Costs

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  • Sage William M.

    (Vice Provost for Health Affairs, James R. Dougherty Chair for Faculty Excellence, The University of Texas, 727 E. Dean Keeton Street, Austin, TX 78705)

Abstract

Tort reformers blame the high cost of American health care on defensive responses to rampant medical malpractice litigation. Defenders of the tort system counter that holding health care providers liable for negligence improves safety and ensures compensation for injury. The relationship between medical malpractice and health care expenditures is more complex than either of these positions reflects. The existing medical malpractice system increases medical spending mainly because it has evolved in tandem with other inflationary features of the health care system and may make those features even more difficult to change. In other words, medical malpractice is both a symptom of a costly health care system and a costly disease in its own right.

Suggested Citation

  • Sage William M., 2012. "Both Symptom and Disease: Relating Medical Malpractice to Health-Care Costs," Forum for Health Economics & Policy, De Gruyter, vol. 15(3), pages 83-106, September.
    • Handle: RePEc:bpj:fhecpo:v:15:y:2012:i:3:p:83-106:n:4
    DOI: 10.1515/fhep-2012-0010
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    References listed on IDEAS

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    1. Daniel P. Kessler & Mark McClellan, 1996. "Do Doctors Practice Defensive Medicine?," NBER Working Papers 5466, National Bureau of Economic Research, Inc.
    2. Lawrence P. Casalino & Kelly Devers & Timothy K. Lake & Marie C. Reed & Jeffrey Stoddard, "undated". "Benefits of and Barriers to Large Medical Group Practice in the United States," Mathematica Policy Research Reports 39db1df53fdf468981a529c95, Mathematica Policy Research.
    3. Daniel Kessler & Mark McClellan, 1996. "Do Doctors Practice Defensive Medicine?," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 111(2), pages 353-390.
    4. Myungho Paik & Bernard S. Black & David A. Hyman & William M. Sage & Charles M. Silver, 2012. "How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas," American Law and Economics Review, Oxford University Press, vol. 14(2), pages 561-600.
    5. repec:mpr:mprres:3658 is not listed on IDEAS
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