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Published on: September 22, 2023
The Repeal of Noneconomic Damage Caps and Medical Malpractice Insurance Premiums
Yuji Mizushima1, Christopher Whaley1,2, Hao Yu3
1RAND, Santa Monica, California, USA.
Abstract:
Noneconomic damage caps are controversial because they seek to balance uncertain benefits through reductions in physician precautionary costs, against uncertain harms to patient welfare. Opposing policy actions at the state-level reflect this controversy as some states have enacted noneconomic damage caps over the past few decades while others repealed their caps. Our difference-in-differences analyses suggest that repeals increase premiums. These increases are larger after State Supreme Court decisions, affecting all cases in a state, compared with State Circuit Court decisions affecting only specific cases. Magnitudes differ by physician specialty, with larger effects observed in obstetrics/gynecology and general surgery, compared with internal medicine. Our estimates of these repeals are larger than estimates on enactments reported in the literature, suggesting a potential asymmetry between enacting and repealing damage caps.
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