Damages caps in medical malpractice cases
- PMID: 17517115
- PMCID: PMC2690332
- DOI: 10.1111/j.1468-0009.2007.00486.x
Damages caps in medical malpractice cases
Abstract
This article reviews the empirical literature on the effects of damages caps and concludes that the better-designed studies show that damages caps reduce liability insurance premiums. The effects of damages caps on defensive medicine, physicians' location decisions, and the cost of health care to consumers are less clear. The only study of whether consumers benefit from lower health insurance premiums as a result of damages caps found no impact. Some state courts have based decisions declaring damages caps legislation unconstitutional on the lack of evidence of their effectiveness, thereby ignoring the findings of conflicting research studies or discounting their relevance. Although courts should be cautious in rejecting empirical evidence that caps are effective, legislators should consider whether they benefit consumers enough to justify limiting tort recoveries for those most seriously injured by malpractice.
Comment in
-
Commentary: binding early offers versus caps for medical malpractice claims?Milbank Q. 2007 Jun;85(2):287-96. doi: 10.1111/j.1468-0009.2007.00487.x. Milbank Q. 2007. PMID: 17517116 Free PMC article.
-
Commentary: malpractice reform in policy perspective.Milbank Q. 2007 Jun;85(2):297-305. doi: 10.1111/j.1468-0009.2007.00488.x. Milbank Q. 2007. PMID: 17517117 Free PMC article.
References
-
- Abraham K. Medical Malpractice Reform. Maryland Law Review. 1977;36:489–532.
-
- Babcock L, Pogarsky G. Damage Caps and Settlement: A Behavioral Approach. Journal of Legal Studies. 1999;28:341–71.
-
- Baker T. The Medical Malpractice Myth. Chicago: University of Chicago Press; 2005.
-
- Blackmon G, Zeckhauser R. The Effect of State Tort Reform Legislation on Liability Insurance Losses and Premiums. Cambridge, Mass.: Harvard University, John F. Kennedy School of Government; 1990.
-
- Bovbjerg RR. Legislation on Medical Malpractice: Further Developments and a Preliminary Report Card. U.C. Davis Law Review. 1989;22:499–556.
Publication types
MeSH terms
LinkOut - more resources
Full Text Sources
Miscellaneous
