Does Sorry Work? The Impact of Apology Laws on Medical Malpractice
Cornell University - Johnson School of Management
University of Houston
December 1, 2010
Johnson School Research Paper Series No. 04-2011
Apologies made by physicians for adverse medical events have been identified as a mitigating factor in whether patients decide to litigate. However, doctors are socialized to avoid apologies because apologies admit guilt and invite lawsuits. An apology law, which specifies that a physician’s apology is inadmissible in court, is written to encourage patient-physician communication. Building on a simple model, we examine whether apology laws at the State level have an impact on malpractice lawsuits and settlements. Using a difference-in-differences estimation, we find that State-level apology laws could expedite the settlement process. Using individual level data, we also find that apology laws have the greatest reduction in average payment size and settlement time in cases involving more severe patient outcomes.
Number of Pages in PDF File: 55
Date posted: January 21, 2011 ; Last revised: February 21, 2011