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Mandatory Arbitration and Civil Litigation: An Empirical Study of Medical Malpractice Litigation in the West

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  • Albert Yoon

Abstract

This article looks at the effect that pretrial, statutorily required screening panels in Nevada have had on medical malpractice litigation. I use two unique data sets on litigation in Nevada and neighboring states from 1983--88, during which the Nevada legislature enacted screening panels. Applying time-series and difference-in-difference analyses, I show that observed decreases in Nevada with respect to damage awards, attorney's fees, and duration in litigation reflected a broader secular trend. The panels did, however, reduce the relative probability of claims requiring resolution by the Nevada courts. Copyright 2004, Oxford University Press.

Suggested Citation

  • Albert Yoon, 2004. "Mandatory Arbitration and Civil Litigation: An Empirical Study of Medical Malpractice Litigation in the West," American Law and Economics Review, American Law and Economics Association, vol. 6(1), pages 95-134.
    • Handle: RePEc:oup:amlawe:v:6:y:2004:i:1:p:95-134
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    Cited by:

    1. J.J. Prescott & Kathryn E. Spier & Albert Yoon, 2014. "Trial and Settlement: A Study of High-Low Agreements," Journal of Law and Economics, University of Chicago Press, vol. 57(3), pages 699-746.
    2. J.J. Prescott & Kathryn E. Spier & Albert Yoon, 2014. "Trial and Settlement: A Study of High-Low Agreements," NBER Working Papers 19873, National Bureau of Economic Research, Inc.
    3. John L. Adams & Steven Garber, 2007. "Reducing Medical Malpractice by Targeting Physicians Making Medical Malpractice Payments," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 4(1), pages 185-222, March.

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