IDEAS home Printed from https://ideas.repec.org/a/oup/amlawe/v12y2010i2p423-461.html
   My bibliography  Save this article

Bargaining in the Shadow of the Website: Disclosure's Impact on Medical Malpractice Litigation

Author

Listed:
  • Gia Lee

Abstract

This study investigates the significance of confidentiality and disclosure for medical malpractice litigation. Starting in the mid-1990s, seventeen states began posting information on a doctor's specific history of medical malpractice claims on state-run websites. The laws creating these sites altered the level of confidentiality that would accompany litigation and settlement. Taking into account the varying disclosure requirements across the states, we examine the impact of the altered levels of confidentiality on litigant behavior. We find evidence of two, non-exclusive effects of disclosure. First, we find evidence that defendants value confidentiality and are no longer willing to pay a confidentiality premium when websites disclose settlement outcomes. Second, we find evidence that website disclosure changes the composition of claims. Copyright 2010, Oxford University Press.

Suggested Citation

  • Gia Lee, 2010. "Bargaining in the Shadow of the Website: Disclosure's Impact on Medical Malpractice Litigation," American Law and Economics Review, Oxford University Press, vol. 12(2), pages 423-461.
  • Handle: RePEc:oup:amlawe:v:12:y:2010:i:2:p:423-461
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/aler/ahq012
    Download Restriction: Access to full text is restricted to subscribers.

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:amlawe:v:12:y:2010:i:2:p:423-461. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Oxford University Press) or (Christopher F. Baum). General contact details of provider: https://academic.oup.com/aler .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.