Do Institutions Really Matter? Assessing the Impact of State Judicial Structures on Citizen Litigiousness

Brace, Paul; Tankersley, Holley; Yates, Jeff

doi:10.2139/ssrn.799306

Cited by 2 publications

(1 citation statement)

References 31 publications

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“…Other researchers have created an index variable reflecting the number of reforms in each state in a given year. 56 However, because some tort reforms (such as damages caps) have been shown to have more impact than others, 57 treating them as a continuous variable-that is, making the assumption that each unit increase in the number of reforms produces a constant change in the dependent variablecannot be justified.…”

Section: Tort Reformsmentioning

confidence: 99%

A Longitudinal Analysis of the Impact of Liability Pressure on the Supply of Obstetrician‐Gynecologists

Yang

Studdert

Subramanian

et al. 2008

J Empirical Legal Studies

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Conventional wisdom within the medical community suggests that dramatic increases in professional liability insurance premiums cause physicians to relocate or discontinue their practices in high-cost states. We employed a mixed-effects model to investigate the effect of malpractice risk, as measured by insurance premiums and various tort reforms, on the number of obstetrician-gynecologists (OB/GYNs) in the United States between 1992 and 2002. The longitudinal research design examines state-year-level data from all 50 states and the District of Columbia. We found that the supply of OB/GYNs had no statistically significant association with premiums or tort reforms. Our results suggest that most OB/GYNs do not respond to liability risk by relocating out of state or discontinuing their practice, and that tort reforms such as caps on noneconomic damages do not help states attract and retain high-risk specialists.

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Section: Tort Reformsmentioning

confidence: 99%