Legal Review and Commentary
Liability risks cut only modest number of doctors
Despite fears that physicians might be driven out of the market by steadily rising liability costs, a new report suggests otherwise.
In a study released recently by the Robert Wood Johnson Foundation's Synthesis Project, Michelle Mello, JD, PhD, MPhil, an associate professor of health policy and law at the Harvard School of Public Health in Boston, examined the effects of the recent increases in malpractice insurance premiums on the delivery of health care services and the impacts of state tort reforms. Reviewing existing studies, the report concluded that the deteriorating liability environment has had only a modest effect on the supply of physician services.
"The best evidence shows, at most, a small overall decrease in the number of physicians practicing in high-liability states compared to lower-risk states, though some rural areas have been more affected," she says.
Aside from caps on noneconomic damages, most tort reforms adopted by states in response to malpractice crises have not been effective in boosting physician supply or reducing insurance or litigation costs. Damages caps "help constrain growth in litigation costs and insurance premiums over time, but disproportionately burden the most severely injured patients." The study is available on-line at www.rwjf.org. Under "Publications and Resources," select "Synthesis Project." Click on "Learn more about The Synthesis Project." Under "Issue 10," Select "Medical Malpractice: Impact of the Crisis and Effect of State Tort Reforms."
Despite fears that physicians might be driven out of the market by steadily rising liability costs, a new report suggests otherwise.You have reached your article limit for the month. Subscribe now to access this article plus other member-only content.
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