Although proponents of tort reform argue that it will benefit consumers through lowered insurance premiums and increased insurance availability, to date there is limited empirical evidence linking tort reform to consumer outlays. Using data from the Consumer Expenditure Survey and a differences-in-differences research design, this paper examines whether any of several common state-level tort re...

While the complaints process is intended to improve healthcare, some doctors appear to practise defensive medicine after receiving a complaint. This response occurs in countries that use a tort-based medicolegal system as well as in countries with less professional liability. Defensive medicine is based on avoiding malpractice liability rather than considering a risk-benefit analysis for both i...

Adopting new technologies alters a hospital’s risk of liability for adverse medical events. Using 1990-1993 data from Florida hospitals, we identify all in-hospital incidents leading to malpractice claims against the hospital and physicians. Hospital innovativeness is measured by constructing a Baker-Spetz technology index in which the 22 included services are weighted by their relative rarity....

• • The views expressed in this report are those of the authors. EXECUTIVE SUMMARY The report synthesizes the evidence and theoretical predictions regarding the potential of several leading medical malpractice reform ideas to positively affect the performance of the medical liability system and its impact on health care delivery. For most reforms, the report analyzes evidence from well‐designed...