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Malpractice litigation and medical costs in the United States

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  • Brandon Roberts
  • Irving Hoch

Abstract

This paper examines the relationship of medical malpractice litigation and medical costs in the United States. We relate medical malpractice settlements to medical costs for 190 metro and non‐metro areas in the United States over a 5‐year period and find that litigation is positively and significantly related to medical costs. Using a panel data set and a fixed‐effects specification, the estimates indicate that malpractice litigation accounts for roughly 2–10% of medical expenditures, with the impact exceeding the dollar amount of settlements. Copyright © 2009 John Wiley & Sons, Ltd.

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  • Brandon Roberts & Irving Hoch, 2009. "Malpractice litigation and medical costs in the United States," Health Economics, John Wiley & Sons, Ltd., vol. 18(12), pages 1394-1419, December.
    • Handle: RePEc:wly:hlthec:v:18:y:2009:i:12:p:1394-1419
    DOI: 10.1002/hec.1436
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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. Hellinger, F.J. & Encinosa, W.E., 2006. "The impact of state laws limiting malpractice damage awards on health care expenditures," American Journal of Public Health, American Public Health Association, vol. 96(8), pages 1375-1381.
    3. Brandon Roberts, 2006. "Area Poverty Effects on Local Health Care Costs: An Analysis of Mississippi," Review of Policy Research, Policy Studies Organization, vol. 23(1), pages 223-233, January.
    4. Victor R. Fuchs & Mark B. McClellan & Jonathan S. Skinner, 2004. "Area Differences in Utilization of Medical Care and Mortality among US Elderly," NBER Chapters, in: Perspectives on the Economics of Aging, pages 367-414, National Bureau of Economic Research, Inc.
    5. 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.
    6. Skinner, Jonathan & Fisher, Elliott, 1997. "Regional Disparities in Medicare Expenditures: An Opportunity for Reform," National Tax Journal, National Tax Association;National Tax Journal, vol. 50(3), pages 413-425, September.
    7. Skinner, Jonathan & Fisher, Elliott, 1997. "Regional Disparities in Medicare Expenditures: An Opportunity for Reform," National Tax Journal, National Tax Association, vol. 50(3), pages 413-25, September.
    8. Louise Sheiner & David M. Cutler, 1999. "The Geography of Medicare," American Economic Review, American Economic Association, vol. 89(2), pages 228-233, May.
    9. Brandon Roberts & Irving Hoch, 2007. "Malpractice litigation and medical costs in Mississippi," Health Economics, John Wiley & Sons, Ltd., vol. 16(8), pages 841-859, August.
    10. Viscusi, W Kip & Moore, Michael J, 1993. "Product Liability, Research and Development, and Innovation," Journal of Political Economy, University of Chicago Press, vol. 101(1), pages 161-184, February.
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    Cited by:

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    2. Rosa Ferrer Zarzuela, 2015. "The effect of lawyers' career concerns on litigation," Economics Working Papers 1496, Department of Economics and Business, Universitat Pompeu Fabra, revised Oct 2016.
    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.

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