6 Pages Posted: 18 Jul 2007
Over the past quarter of a century, more than a dozen studies have collected data on malpractice settlements. With only one exception, they have consistently shown that plaintiffs with strong cases are more likely to receive a settlement payment than plaintiffs with weak cases. Moreover, the data on malpractice settlement strongly suggests that liability insurers possess a palpable advantage in bargaining power.
Keywords: the fairness of malpractice settlements, philip g. peters, jr., medical malpractice, malpractice settlements, liability, liability insurers, professional claims adjusters, damages, settlement value, law, precedent, double discounting, quality of care, frivolous claims, bargaining power, disagreement
JEL Classification: D74, D80, D81, D84, I18, K32
Suggested Citation: Suggested Citation
Peters Jr., Philip G., The Fairness of Malpractice Settlements. Regulation, Vol. 30, No. 2, pp. 30-35, Summer 2007. Available at SSRN: https://ssrn.com/abstract=1001477