Damage Caps and Civil Litigation: An Empirical Study of Medical Malpractice Litigation in the South

29 Pages Posted: 21 Apr 2005  

Albert Yoon

University of Toronto - Faculty of Law

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Abstract

This article looks at the effect that damage caps have on plaintiffs' recovery in medical malpractice litigation, using a unique data set of litigation in the South from 1987 to 1999. During this time, Alabama underwent both the implementation and nullification of damage-cap laws; neighboring states did not undergo any significant legal changes. The product of a difference-in-difference approach, the results reveal that the average relative recovery by Alabama plaintiffs decreased by roughly $20,000 after the Alabama legislature enacted damage caps and increased by roughly double that amount after the Alabama Supreme Court ruled them unconstitutional.

Keywords: Torts, Tort Reform, Law & Economics

Suggested Citation

Yoon, Albert, Damage Caps and Civil Litigation: An Empirical Study of Medical Malpractice Litigation in the South. American Law & Economics Review, Vol. 3, pp. 199-227, 2001. Available at SSRN: https://ssrn.com/abstract=703082

Albert Yoon (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

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