The Impact of Malpractice Damage Caps on C-section Rates and Alternative Approaches

Abstract

About half of the states in the United States have had noneconomic damage caps in place for at least 8 years. National aggregate data shows that women are just as likely to give birth by cesarean section (C-section) in states with damage caps as in ones without. For the most recent year studied, the national C-section rate for births in states with damage caps was 33.04% compared with a 32.10% ratefor births in states without caps. Other initiatives (malpractice insurance reform, accessible public disclosure of hospital Csection rates, and improved compensation for vaginal delivery) should be considered to reduce C-section rates.