Policy Analysis of Medical Malpractice Reforms: What Can We Learn From Claims Data?
探讨了医疗过失侵权改革政策研究中因诉讼选择过程导致的推断局限,并报告了改革对索赔处理影响的研究结果,适合关注医疗法律政策的研究者。
Selection processes that are inherent in litigation complicate policy-oriented research of medical malpractice tort reforms. In regard to their deterrent impact, the range of potential inferences based on analyses of claim frequency is limited because plaintiffs only file a subset of potential claims. In regard to their impact on litigation costs, researchers often analyze data on claim disposition, but it is difficult to determine whether effects attributed to tort reforms reflect changes in litigant behavior or their influence on the selection of claims. In this article, we evaluate these problems and report results of our study of the effects of medical malpractice reforms on claim disposition.