Quality Adjusted Life Years as a Way Out of the Impasse between Prevention Theory and Insurance Theory

Karapanou, Vaia; Visscher, Louis

doi:10.2139/ssrn.1666141

Cited by 5 publications

(7 citation statements)

References 51 publications

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“…Concerns about pain and suffering damages in Taiwan and the U.S. should also be considered in light of data from other countries. Karapanou and Visscher (2010a) compare pain and suffering awards from European country cases with amounts that might be awarded if a metric from health care economics, Quality Adjusted Life Years (QALYs), were used. 59 QALYs are based on surveys of people in various health conditions.…”

Section: Discussionmentioning

confidence: 99%

“…Statutes capping damages have generated much litigation under U.S. state constitutions (Love 2012). Whether pain and suffering damages and other noneconomic awards are too capricious is also an important question in European legal systems (Karapanou and Visscher 2010a;Flatscher-Tho ni, Leiter, and Winner 2013;. In Taiwan, doctors have long contended that the medical malpractice law, which can lead to millions of Taiwan dollars (NTD) in pain and suffering damages, has caused the younger generation of doctors to choose high-profit and low-risk specialties, such as plastic surgery and dentistry, rather than surgery.…”

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

Pain and Suffering Damages in Personal Injury Cases: An Empirical Study

Eisenberg

Wells

2015

SSRN Journal

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Many jurisdictions award pain and suffering damages, yet it is difficult for judges or juries to quantify pain. Several jurisdictions, such as California, cap pain and suffering damages or other noneconomic damages, and legal scholars have proposed ways to control such damages. Reforms and proposals, however, have been based on limited empirical evidence. It remains an open question whether components of economic damages explain pain and suffering damages. This study employs a unique data set of Taiwan district court cases and uses detailed information on the components of pecuniary damages. Pain and suffering damages highly correlate with the plaintiff's medical expenses, level of injury, and the amount requested by the plaintiff. The association with the amount requested by the plaintiff persists when one accounts for the likely quantifiable influences on pain and suffering damages, evidence of a possible anchoring effect. The strong correlation between economic damages and noneconomic damages persists in a large U.S. dataset of judge and jury trials, in which the noneconomic fraction of total damages is no greater than the pain and suffering fraction of total damages in Taiwan. Judges and juries consistently produce

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Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Pain and Suffering Damages in Personal Injury Cases: An Empirical Study

Eisenberg

Wells

2015

SSRN Journal

View full text Add to dashboard Cite

show abstract

“…Concerns about pain and suffering damages in Taiwan and the United States should also be considered in light of data from other countries. Karapanou and Visscher (2010a) compare pain and suffering awards from European country cases with amounts that might be awarded if a metric from health-care economics, quality-adjusted life years (QALYs), were used. 59 QALYs are based on surveys of people in various health conditions.…”

Section: Discussionmentioning

confidence: 99%

“…QALYs in two states of health can be compared to quantify the difference between two states. Karapanou and Visscher (2010a) employed a conservative approach to monetize differences in health conditions based on QALYs, which they use to monetize pain and suffering. They compare their conservative estimates for amputations, spinal injuries, and deafness to awards in court cases from Germany, Greece, Italy, and the Netherlands.…”

Section: Discussionmentioning

confidence: 99%

“…Statutes capping damages have generated much litigation under U.S. state constitutions (Love ). Whether pain and suffering damages and other noneconomic awards are too capricious is also an important question in European legal systems (Karapanou & Visscher ; Flatscher‐Thöni et al ). In Taiwan, doctors have long contended that the medical malpractice law, which can lead to millions of Taiwan dollars (NTD) in pain and suffering damages, has caused the younger generation of doctors to choose high‐profit and low‐risk specialties, such as plastic surgery and dentistry, rather than surgery.…”

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

Pain and Suffering Damages in Personal Injury Cases: An Empirical Study

Eisenberg¹,

Li²,

Wells³

2017

J Empirical Legal Studies

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Many jurisdictions award pain and suffering damages, yet it is difficult for judges or juries to quantify pain. Several jurisdictions, such as California, cap pain and suffering damages or other noneconomic damages, and legal scholars have proposed ways to control such damages. Reforms and proposals, however, have been based on limited empirical evidence. It remains an open question whether components of economic damages explain pain and suffering damages. This study employs a unique dataset of Taiwan district court cases and uses detailed information on the components of pecuniary damages. Pain and suffering damages highly correlate with the plaintiff's medical expenses, level of injury, and the amount requested by the plaintiff. The association with the amount requested by the plaintiff persists when one accounts for the likely quantifiable influences on pain and suffering damages, evidence of a possible anchoring effect. The strong correlation between economic damages and noneconomic damages persists in a large U.S. dataset of judge and jury trials, in which the noneconomic fraction of total damages is no greater than the pain and suffering fraction of total damages in Taiwan. Judges and juries consistently produce coherent patterns of noneconomic damages.

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The Value of Health in a Cost-Effectiveness Analysis: Theory Versus Practice

et al. 2023

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A cost-effectiveness analysis has become an important method to inform allocation decisions and reimbursement of new technologies in healthcare. A cost-effectiveness analysis requires a threshold to which the cost effectiveness of a new intervention can be compared. In principle, the threshold ought to reflect opportunity costs of reimbursing a new technology. In this paper, we contrast the practical use of this threshold within a CEA with its theoretical underpinnings. We argue that several assumptions behind the theoretical models underlying this threshold are violated in practice. This implies that a simple application of the decision rules of CEA using a single estimate of the threshold does not necessarily improve population health or societal welfare. Conceptual differences regarding the interpretation of the threshold, widely varying estimates of its value, and an inconsistent use within and outside the healthcare sector are important challenges in informing policy makers on optimal reimbursement decision and setting appropriate healthcare budgets.

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Quality Adjusted Life Years as a Way Out of the Impasse between Prevention Theory and Insurance Theory

Cited by 5 publications

References 51 publications

Pain and Suffering Damages in Personal Injury Cases: An Empirical Study

Pain and Suffering Damages in Personal Injury Cases: An Empirical Study

Pain and Suffering Damages in Personal Injury Cases: An Empirical Study

The Value of Health in a Cost-Effectiveness Analysis: Theory Versus Practice

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