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Medical Malpractice Reform and Physicians in High-Risk Specialties

Jonathan Klick
University of Pennsylvania Law School; Erasmus School of Law

Thomas Stratmann
George Mason University - Buchanan Center Political Economy; CESifo (Center for Economic Studies and Ifo Institute for Economic Research)


January 28, 2010

Journal of Legal Studies, Vol. 36, p. S121, 2007

Abstract:     
If medical malpractice reform affects the supply of physicians, the effects will be concentrated in specialties facing high liability exposure. Many doctors are likely to be indifferent regarding reform, because their likelihood of being sued is low. This difference can be exploited to isolate the causal effect of medical malpractice reform on the supply of doctors in high-risk specialties, by using doctors in low-risk specialties as a contemporaneous within-state control group. Using this triple-differences design to control for unobserved effects that correlate with the passage of medical malpractice reform, we show that only caps on noneconomic damages have a statistically significant effect on the per capita number of doctors and that this effect is concentrated among only those specialties that face the highest litigation exposure.

Posted paper is the published version of the working paper originally posted November 2003 and formerly titled "Does Medical Malpractice Reform Help States Retain Physicians and Does it Matter?".

Keywords: Malpractice, Tort Reform, Infant Mortality, Defensive Medicine, Physicians

JEL Classifications: I11, I12, I18, K13, K32, D00

Working Paper Series

Date posted: November 19, 2003 ; Last revised: January 30, 2010

Suggested Citation

Klick, Jonathan and Stratmann, Thomas, Medical Malpractice Reform and Physicians in High-Risk Specialties (January 28, 2010). Journal of Legal Studies, Vol. 36, p. S121, 2007. Available at SSRN: http://ssrn.com/abstract=870492 or doi:10.2139/ssrn.453481


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Contact Information

Jonathan Klick (Contact Author)
University of Pennsylvania Law School ( email )
3400 Chestnut Street
Philadelphia, PA 19104-6204
United States
2157463455 (Phone)
Erasmus School of Law ( email )
3000 DR Rotterdam Netherlands
Thomas Stratmann
George Mason University - Buchanan Center Political Economy ( email )
4400 University Drive
Fairfax, VA 22030
United States
703-993-2330 (Phone)
CESifo (Center for Economic Studies and Ifo Institute for Economic Research)
Poschinger Str. 5
DE-81679 Munich Germany
Feedback to SSRN (Beta)


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