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Heterogeneous physicians, lawsuit costs, and the negligence rule

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  • Olbrich, Anja

Abstract

Real-world observations of negligent and defensive medicine challenge malpractice liability. Based on a principal-agent model with two types of physicians I show that lawsuit costs affect the patients' decision to sue and the physicians' level of care under the negligence rule, leading to a separated equilibrium in care. Given these conditions, punitive damages allow for a pooled equilibrium where all physicians exert first-best care. If courts cannot use punitive damages, a second-best solution arises with an optimal negligence standard that deviates from first-best care.

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  • Olbrich, Anja, 2008. "Heterogeneous physicians, lawsuit costs, and the negligence rule," International Review of Law and Economics, Elsevier, vol. 28(1), pages 78-88, March.
    • Handle: RePEc:eee:irlaec:v:28:y:2008:i:1:p:78-88
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    Cited by:

    1. Angelo Antoci & Alessandro Fiori Maccioni & Paolo Russu, 2016. "The Ecology of Defensive Medicine and Malpractice Litigation," PLOS ONE, Public Library of Science, vol. 11(3), pages 1-15, March.
    2. Angelo Antoci & Alessandro Fiori Maccioni & Paolo Russu, 2018. "Medical practice and malpractice litigation in an evolutionary context," Journal of Evolutionary Economics, Springer, vol. 28(4), pages 915-928, September.
    3. Dylan Martin-Lapoirie, 2022. "Teamwork in health care and medical malpractice liability: an experimental investigation," European Journal of Law and Economics, Springer, vol. 54(2), pages 251-282, October.
    4. Danilo Delpini & Paolo Russu, 2022. "The Effects of Defensive Medicine in Physician–Patient Dynamics: An Agent-Based Approach," Dynamic Games and Applications, Springer, vol. 12(4), pages 1067-1085, December.

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