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What's an Apology Worth? Decomposing the Effect of Apologies on Medical Malpractice Payments Using State Apology Laws

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  • Benjamin Ho
  • Elaine Liu

Abstract

Past studies find that apologies affect the outcomes of medical malpractice litigation, but such studies have largely been limited to laboratory surveys or case studies. Following Ho and Liu (2010), we use the passage of state‐level apology laws that exclude apologies from being used as evidence in medical malpractice cases, and estimate that apologizing to a patient in cases of medical malpractice litigation reduces the average payout by $32,000. This article seeks to unpack the mechanism of apologies by examining the differential impact of apologies laws by various subsamples. We find that apologies are most valuable for cases involving obstetrics and anesthesia, for cases involving infants, and for cases involving improper management by the physician and failures to diagnose.

Suggested Citation

  • Benjamin Ho & Elaine Liu, 2011. "What's an Apology Worth? Decomposing the Effect of Apologies on Medical Malpractice Payments Using State Apology Laws," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(s1), pages 179-199, December.
    • Handle: RePEc:wly:empleg:v:8:y:2011:i:s1:p:179-199
    DOI: 10.1111/j.1740-1461.2011.01226.x
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    References listed on IDEAS

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    2. Jennifer K. Robbennolt, 2006. "Apologies and Settlement Levers," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 3(2), pages 333-373, July.
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    6. Janet Currie & W. Bentley MacLeod, 2008. "First Do No Harm? Tort Reform and Birth Outcomes," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 123(2), pages 795-830.
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    Cited by:

    1. Michael J. Wynes, 2022. "“Just Say You’re Sorry”: Avoidance and Revenge Behavior in Response to Organizations Apologizing for Fraud," Journal of Business Ethics, Springer, vol. 178(1), pages 129-151, June.

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