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A re-examination of the effects of tort reforms on obstetrical procedures and health outcomes

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  • Malak, Natalie
  • Yang, Y. Tony

Abstract

Numerous papers examined the effects of tort reforms on physician behavior using data from the 1990s. However, a medical malpractice “crisis” in the early 21st century saw many US states adopt tort reforms to alleviate this issue. Using the United States Linked Birth and Infant Death Records for all fifty states and the District of Columbia data from 1995 to 2011, we find that tort reforms are not as effective as they once were. However, we find evidence that physicians’ procedural choices are affected by certain tort reforms. For example, not only are C-section rates and “preventable” complications affected by tort reforms, but we also observe that physicians react heterogeneously to tort reforms based on patient riskiness and race.

Suggested Citation

  • Malak, Natalie & Yang, Y. Tony, 2019. "A re-examination of the effects of tort reforms on obstetrical procedures and health outcomes," Economics Letters, Elsevier, vol. 184(C).
    • Handle: RePEc:eee:ecolet:v:184:y:2019:i:c:s0165176519303088
    DOI: 10.1016/j.econlet.2019.108626
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    Cited by:

    1. Zabinski, Zenon & Black, Bernard S., 2022. "The deterrent effect of tort law: Evidence from medical malpractice reform," Journal of Health Economics, Elsevier, vol. 84(C).

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    More about this item

    Keywords

    Tort reform; Medical malpractice; Physician procedural choice; Defensive medicine; C-section; Infant mortality;
    All these keywords.

    JEL classification:

    • I10 - Health, Education, and Welfare - - Health - - - General
    • I18 - Health, Education, and Welfare - - Health - - - Government Policy; Regulation; Public Health
    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics

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