Nursing home litigation and tort reform: a case for exceptionalism.

Medical Malpractice Litigation and Tort Reform: It’s the Incentives, Stupid

From PI to IP: Yet Another Unexpected Effect of Tort Reform

Is there a connection between state-law tort reform and the explosive growth of U.S. intellectual property (IP) litigation? The literature has established that the number of tort claims in states with tort reform has gone down. How do personal injury (PI) plaintiff lawyers deal with the decrease in the demand for their services? Could a significant number of them end up shifting their practice ...

The relationship between tort reform and medical utilization.

INTRODUCTION The hidden cost of defensive medicine has been cited by policymakers as a significant driving force in the increase of our nation's health-care costs. If this hypothesis is correct, one would expect that states with higher levels of tort reform will have a decrease in Medicare utilization and that medical utilization will decrease after tort reform is enacted. METHODS State-level...

What Drives Tort Reform Legislation? Economics and Politics of the State Decisions to Restrict Liability Torts1

This paper studies driving factors behind the timing of state-level tort reform enactments between 1971 and 2005. Using discrete time hazard models, we find the level of litigation activity, as measured by incurred liability insurance losses and premiums, number of lawyers at the state level, and tort cases commenced at the state level and national level, to be the most important and robust det...

Problems of Tort Litigation as a Means of Patient and Consumer Protection in Health Care Systems

The U.S. health care system relies on tort litigation as a means of protecting patients and consumers from medical malpractice. The system of tort litigation has contributed to the U.S. having the highest health care spending per capita of any nation, but it has not resulted in superior quality of care. This work argues that tort litigation in health care is actually detrimental to patient safe...