Bargaining in the Shadow of the Website: Disclosure's Impact on Medical Malpractice Litigation
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.
If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
Volume (Year): 12 (2010)
Issue (Month): 2 ()
|Contact details of provider:|| Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK|
Fax: 01865 267 985
Web page: http://www.aler.oupjournals.org/
|Order Information:||Web: http://www.oup.co.uk/journals|
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)
If references are entirely missing, you can add them using this form.