Does Higher Malpractice Pressure Deter Medical Errors?
利用1994-2007年美国各州侵权法改革数据，发现更高的诉讼压力能减少特定妇产科手术的可预防并发症，但不同改革措施效果相反，支持了侵权改革可能损害患者安全的担忧。
An important objective of medical liability law is to deter medical errors by punishing negligent mistakes. However, relatively little evidence exists on the deterrence effect. Using newly constructed measures of preventable medical complications and state tort reforms in the United States between 1994 and 2007, I find evidence that higher liability pressure deters preventable medical complications associated with four specific obstetric and gynecologic procedures. The results also show that the effects of tort reforms vary according to the specific reform in question. While joint and several liability reform (which increases doctor accountability) appears to decrease preventable medical complications, collateral source rule reform and caps on punitive damages appear to increase these complications. Opponents of tort reform often argue that tort reforms may adversely affect patient safety, and the results of this paper suggest that such a concern is legitimate.