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The U.S. tort system has experienced various reforms during the last three decades. While there is a broad literature on the consequences of these reforms, very little is known about their determinants. In this study, we investigate the politico-economic forces that were driving the reform...
Persistent link: https://www.econbiz.de/10011569688
In this paper, we examine the influence of medical malpractice tort reform on the level of private health insurance company losses incurred. We employ a natural experiment framework centered on a series of tort reform measures enacted in Texas in 2003 that drastically altered the medical...
Persistent link: https://www.econbiz.de/10011764153
Alternative dispute resolution (ADR) is a category comprising various techniques which enable the parties to resolve their conflicts out of the highly formalized judicial proceedings. In many legal systems, ADR is an increasingly popular set of legal instruments to resolve disputes because of...
Persistent link: https://www.econbiz.de/10012914802
States have been enacting tort reforms to reduce the liability of physicians conducting malpractice. However, tort … reform may create a moral hazard because physicians may take less care due to reduced liability. This paper investigates … damages may unpredictably lead to a catastrophic jury verdict against physicians, and the joint and several liability rules …
Persistent link: https://www.econbiz.de/10012848695
With the national focus on medical malpractice tort reform, California is regarded as the “model for medical liability … collateral source rule, requires 90 day notice to physicians of a claim, and promotes annuity like periodic payments to injured … a wave of physicians refusing to treat patients absent “consent” to arbitration of all claims made by a patient. The …
Persistent link: https://www.econbiz.de/10014159955
This paper discusses the medical malpractice “crisis” and the potential of contract liability to reduce overall … liability “system” and some of the more common reforms offered. It then discusses the economic rationale of allowing patients … the part of providers, explaining how contract liability may offer improvements in the areas of costs, patient preferences …
Persistent link: https://www.econbiz.de/10014160011
Medical malpractice law and tort reform are contentious issues. In this paper we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation....
Persistent link: https://www.econbiz.de/10014051016
complaints. Many of the preceding claims are facially implausible. The medical malpractice liability system is an enormous market … whose principal trading partners - trial lawyers and liability insurers - are sophisticated, economically-oriented repeat … malpractice liability system. These studies depict a system that is stable and predictable, that sorts valid from invalid claims …
Persistent link: https://www.econbiz.de/10014054840
effect on payouts. Out-of-pocket payments by physicians are rare, never large, and usually unrelated to punitive damage …
Persistent link: https://www.econbiz.de/10014057146
Many U.S. states are now in their fifth year of a medical malpractice "crisis", a period of volatility in the malpractice insurance market characterized by above average increases in premiums, contractions in the supply of insurance and deterioration in the financial health of carriers....
Persistent link: https://www.econbiz.de/10014058335