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Tort Reform and Innovation

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  • Alberto Galasso
  • Hong Luo

Abstract

Current academic and policy debates focus on the impact of tort reforms on physicians' behavior and medical costs. This paper examines whether these reforms also affect incentives to develop new technologies. We develop a theoretical model that predicts that the impact of reducing liability risks for physicians on innovation may be positive or negative, depending on the characteristics of the technology. Empirically, we find that, on average, laws that limit the liability exposure of health care providers are associated with a significant reduction in medical device patenting. Tort reforms have the strongest impact in medical fields in which the probability of facing a malpractice claim is the largest, and they do not seem to affect the number of new technologies of the highest and lowest quality. Our results underscore the importance of considering dynamic effects in the economic analysis of tort laws.

Suggested Citation

  • Alberto Galasso & Hong Luo, 2017. "Tort Reform and Innovation," Journal of Law and Economics, University of Chicago Press, vol. 60(3), pages 385-412.
    • Handle: RePEc:ucp:jlawec:doi:10.1086/694337
    DOI: 10.1086/694337
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    Cited by:

    1. Hermosilla, Manuel, 2024. "Regulating ethical experimentation: Impacts of the breakthrough therapy designation on drug R&D," Journal of Health Economics, Elsevier, vol. 94(C).
    2. Emeric Henry & Marco Loseto & Marco Ottaviani, 2022. "Regulation with Experimentation: Ex Ante Approval, Ex Post Withdrawal, and Liability," Management Science, INFORMS, vol. 68(7), pages 5330-5347, July.
    3. Alberto Galasso & Hong Luo, 2018. "When does Product Liability Risk Chill Innovation? Evidence from Medical Implants," NBER Working Papers 25068, National Bureau of Economic Research, Inc.
    4. Dawid, Herbert & Di, Xuan & Kort, Peter M. & Muehlheusser, Gerd, 2024. "Autonomous vehicles policy and safety investment: An equilibrium analysis with endogenous demand," Transportation Research Part B: Methodological, Elsevier, vol. 182(C).
    5. Galasso, Alberto & Luo, Hong, 2019. "Risk-Mitigating Technologies: the Case of Radiation Diagnostic Devices," CEPR Discussion Papers 13682, C.E.P.R. Discussion Papers.
    6. Elissa P. Gentry & Benjamin J. McMichael, 2020. "Responses to Liability Immunization: Evidence from Medical Devices," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 17(4), pages 789-819, December.
    7. Dove John A. & Dove Laura R., 2020. "US State Tort Liability Reform and Entrepreneurship," Review of Law & Economics, De Gruyter, vol. 16(3), pages 1-45, November.
    8. Galasso, Alberto & Luo, Hong, 2018. "How does product liability risk affect innovation? Evidence from medical implants," CEPR Discussion Papers 13036, C.E.P.R. Discussion Papers.
    9. Alberto Galasso & Hong Luo, 2021. "Risk-Mitigating Technologies: The Case of Radiation Diagnostic Devices," Management Science, INFORMS, vol. 67(5), pages 3022-3040, May.
    10. Na-Eun Cho & Yue Maggie Zhou, 2021. "Profits, Reputation, and the Risk of Medical Malpractice Liability," Strategy Science, INFORMS, vol. 6(3), pages 228-243, September.
    11. Mitja Kovac & Salvini Datta & Rok Spruk, 2021. "Pharmaceutical Product Liability, Litigation Regimes, and the Propensity to Patent: An Empirical Firm-Level Investigation," SAGE Open, , vol. 11(2), pages 21582440211, April.
    12. Galasso, Alberto & Luo, Hong & Zhu, Brooklynn, 2023. "Laboratory safety and research productivity," Research Policy, Elsevier, vol. 52(8).
    13. Sun, Yanyang & Chen, Yu & Wu, Wenruo, 2024. "Short-term success and long-term failure? The case of GDP growth targets and corporate innovation," Pacific-Basin Finance Journal, Elsevier, vol. 84(C).
    14. Dawid, Herbert & Muehlheusser, Gerd, 2022. "Smart products: Liability, investments in product safety, and the timing of market introduction," Journal of Economic Dynamics and Control, Elsevier, vol. 134(C).
    15. Matthew Grennan & Charu Gupta & Mara Lederman, 2018. "Firm Scope and Spillovers from New Product Innovation: Evidence from Medical Devices," NBER Working Papers 25183, National Bureau of Economic Research, Inc.
    16. Herbert Dawid & Gerd Muehlheusser, 2019. "Smart products: liability, timing of market introduction, and investments in product safety," CESifo Working Paper Series 7673, CESifo.

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