The Impact of Medical Malpractice Reforms

Posted: 19 Oct 2020

See all articles by Jing Liu

Jing Liu

East China University of Political Science and Law

David A. Hyman

Georgetown University Law Center

Date Written: October 1, 2020

Abstract

This article evaluates the effects of medical malpractice reform on claiming, malpractice premiums, physician supply, and defensive medicine. We conclude that damage caps materially reduce claim frequency, payouts per claim, and total payouts. The effects of damage caps on malpractice premiums, physician supply, and defensive medicine are more modest. It is difficult to quantify the impact of reforms other than damage caps—partly because reforms are typically adopted as a package deal, and partly because of the limitations of the available data. We close by identifying three areas that would benefit from more research.

Suggested Citation

Liu, Jing and Hyman, David A., The Impact of Medical Malpractice Reforms (October 1, 2020). Annual Review of Law and Social Science, Vol. 16, pp. 405-419, 2020, Available at SSRN: https://ssrn.com/abstract=3711292 or http://dx.doi.org/10.1146/annurev-lawsocsci-060120-093911

Jing Liu (Contact Author)

East China University of Political Science and Law

Shanghai, Shanghai
China

David A. Hyman

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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