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Medical Malpractice Reform, the Supply of Physicians, and Adverse Selection

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  • Ethan M. J. Lieber

Abstract

Malpractice reforms tend to reduce physicians' liability for harming patients. Because these reforms are passed at the state level, the costs of harming patients vary widely by geographic location. In this paper, I test whether malpractice reforms affect where physicians choose to practice and whether physicians who relocate in response to reforms are particularly prone to commit malpractice. Because a state's own reforms cannot separately distinguish moral hazard from adverse selection, and because those reforms are likely to have direct effects on measures of malpractice via the legal market, I focus attention on neighboring states' reforms. I find that when a state's neighbor passes a cap on noneconomic damages, both the physician-to-population ratio and the malpractice rate fall. This suggests that physicians who relocate in response to noneconomic damages caps are more likely to commit malpractice.

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  • Ethan M. J. Lieber, 2014. "Medical Malpractice Reform, the Supply of Physicians, and Adverse Selection," Journal of Law and Economics, University of Chicago Press, vol. 57(2), pages 501-527.
  • Handle: RePEc:ucp:jlawec:doi:10.1086/675236
    DOI: 10.1086/675236
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    Cited by:

    1. McMichael, Benjamin, 2017. "Beyond Physicians: The Effect of Licensing and Liability Laws on the Supply of Nurse Practitioners and Physician Assistants," Working Papers 07538, George Mason University, Mercatus Center.
    2. Jingshu Luo & Hua Chen & Martin Grace, 2022. "Medicaid expansion, tort reforms, and medical liability costs," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 89(3), pages 789-821, September.
    3. Charles L. Baum, 2020. "The effects of medical malpractice tort reform on physician supply an analysis of legislative changes from 2009 to 2016," Southern Economic Journal, John Wiley & Sons, vol. 87(2), pages 540-575, October.
    4. Ellyson, Alice M. & Robertson, Justin C., 2019. "Can malpractice pressure compel a physician to relocate?," International Review of Law and Economics, Elsevier, vol. 57(C), pages 37-48.
    5. Pinka Chatterji & Siyang Li & Gerald R. Marschke, 2018. "Malpractice Reform and the Sorting of New Physicians by Medical Human Capital," NBER Working Papers 24401, National Bureau of Economic Research, Inc.
    6. Hsueh-Hsiang Li & Alexandra Bernasek, 2018. "Tort Reforms and the Gender Distribution of Physicians," Eastern Economic Journal, Palgrave Macmillan;Eastern Economic Association, vol. 44(3), pages 437-454, June.
    7. Javier Cano-Urbina & Daniel Montanera, 2017. "Do tort reforms impact the incidence of birth by cesarean section? A reassessment," International Journal of Health Economics and Management, Springer, vol. 17(1), pages 103-112, March.
    8. Kitamura Miguel (Masaru) & Arai Koki, 2022. "Impact of Shorter Trial Periods in Medical Litigation," Asian Journal of Law and Economics, De Gruyter, vol. 13(3), pages 301-322, December.
    9. Elissa P. Gentry & Benjamin J. McMichael, 2020. "Responses to Liability Immunization: Evidence from Medical Devices," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 17(4), pages 789-819, December.

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