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Evaluating Medical Malpractice Reforms

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  • JAMES W. HUGHES
  • EDWARD A. SNYDER

Abstract

Which of the tort reforms enacted during the mid‐1970s to alleviate the medical malpractice litigation crisis have succeeded? Under some circumstances, the frequency and disposition of claims may indicate how reforms affected key policy variables such as the number of injuries and costs of litigation. But potential pitfalls exist in using claims data to evaluate tort reforms. In this paper, we identify and discuss these problems, review recent findings, and offer guidance to improve policy analysis.

Suggested Citation

  • James W. Hughes & Edward A. Snyder, 1989. "Evaluating Medical Malpractice Reforms," Contemporary Economic Policy, Western Economic Association International, vol. 7(2), pages 83-98, April.
    • Handle: RePEc:bla:coecpo:v:7:y:1989:i:2:p:83-98
    DOI: 10.1111/j.1465-7287.1989.tb00564.x
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    References listed on IDEAS

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    1. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    2. Van de Ven, Wynand P. M. M. & Van Praag, Bernard M. S., 1981. "The demand for deductibles in private health insurance : A probit model with sample selection," Journal of Econometrics, Elsevier, vol. 17(2), pages 229-252, November.
    3. Danzon, Patricia, 1984. "The Frequency and Severity of Medical Malpractice Claims," Journal of Law and Economics, University of Chicago Press, vol. 27(1), pages 115-148, April.
    4. William M. Landes, 1974. "An Economic Analysis of the Courts," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 164-214, National Bureau of Economic Research, Inc.
    5. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    6. Snyder, Edward A, 1985. "Efficient Assignment of Rights to Sue for Antitrust Damages," Journal of Law and Economics, University of Chicago Press, vol. 28(2), pages 469-482, May.
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    Cited by:

    1. W. Kip Viscusi & Patricia Born, 1999. "The Performance Of The 1980s California Insurance And Liability Reforms," Risk Management and Insurance Review, American Risk and Insurance Association, vol. 2(2), pages 14-33, January.

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