First Do No Harm: Tort Reform and Birth Outcomes

Working Paper: NBER ID: w12478

Authors: Janet Currie; W. Bentley Macleod

Abstract: We examine the impact of tort reforms using U.S. birth records for 1989-2001. We make four contributions: First, we develop a model that analyzes the incentives created by specific tort reforms. Second, we assemble new data on tort reform. Third, we examine a range of outcomes. Finally, we allow for differential effects by demographic/risk group. We find that reforms of the "deep pockets rule" reduce complications of labor and C-sections, while caps on noneconomic damages increase them. Our results demonstrate there are important interactions between incentives created by tort law and other incentives facing physicians.

Keywords: tort reform; birth outcomes; medical malpractice; cesarean sections; physician incentives

JEL Codes: I12; I18; K13


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
deep pockets rule (joint and several liability reform) (K13)reduction in the incidence of cesarean sections (J13)
deep pockets rule (joint and several liability reform) (K13)reduction in complications during labor and delivery (J89)
caps on noneconomic damages (K13)increase in the incidence of cesarean sections (J13)
caps on noneconomic damages (K13)increase in complications during labor and delivery (J89)
marginal procedures induced/encouraged by tort reform (K13)little impact on infant health (I19)

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