Does Higher Malpractice Pressure Deter Medical Errors?

33 Pages Posted: 20 Jul 2007 Last revised: 15 Aug 2011

Multiple version iconThere are 2 versions of this paper

Date Written: June 15, 2011

Abstract

An important objective of medical liability law is to deter medical errors by punishing negligent mistakes. However, relatively little evidence exists on the deterrence effect. Using newly constructed measures of preventable medical complications and state tort reforms in the United States between 1994 and 2007, I found evidence that higher liability pressure deters preventable medical complications related to four specific obstetrics/gynecology procedures. The results also showed that the effects of tort reforms vary by the specific reform in question: while joint and several liability reform (which increases doctor accountability) appear to decrease preventable medical complications, collateral source rule reform and caps on punitive damages appear to increase these complications. Opponents of tort reform often argue that tort reforms may adversely affect patient safety, and the results of this paper suggest that such a concern is legitimate.

Keywords: medical liability, patient safety, PSI, defensive medicine, tort reform, health outcomes, malpractice risks

JEL Classification: I11, K13, I18

Suggested Citation

Iizuka, Toshiaki, Does Higher Malpractice Pressure Deter Medical Errors? (June 15, 2011). Available at SSRN: https://ssrn.com/abstract=1001848 or http://dx.doi.org/10.2139/ssrn.1001848

Toshiaki Iizuka (Contact Author)

University of Tokyo ( email )

7-3-1 Hongo, Bunkyo-ku
Tokyo 113-0033
Japan

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