The impact of state laws limiting malpractice damage awards on health care expenditures

Am J Public Health. 2006 Aug;96(8):1375-81. doi: 10.2105/AJPH.2005.077883. Epub 2006 Jun 29.

Abstract

Twenty-eight states have laws that limit payments in malpractice cases, and several studies indicate that these laws reduce the frequency and severity of malpractice claims and lower premiums. Moreover, proponents believe that such laws reduce health care expenditures by reducing the practice of defensive medicine. However, there is a dearth of empirical evidence about the impact of these laws on the cost of health care. We used multivariate models and relatively recent data to estimate the impact of state tort reform laws that directly limit malpractice damage payments on health care expenditures. Estimates from these models suggest that laws limiting malpractice payments lower state health care expenditures by between 3% and 4%.

Publication types

  • Evaluation Study

MeSH terms

  • Compensation and Redress / legislation & jurisprudence*
  • Cost Control / legislation & jurisprudence
  • Defensive Medicine / economics*
  • Defensive Medicine / statistics & numerical data
  • Empirical Research
  • Health Care Costs / statistics & numerical data
  • Health Care Costs / trends*
  • Health Expenditures / statistics & numerical data
  • Health Expenditures / trends*
  • Health Services Research
  • Humans
  • Liability, Legal / economics*
  • Malpractice / economics
  • Malpractice / legislation & jurisprudence*
  • Models, Econometric
  • Multivariate Analysis
  • Public Policy*
  • State Government*
  • United States