Effect of Exclusion of Physician Apologies on Medical Malpractice Liability
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Benjamin J. McMichael (Vanderbilt University – Owen Graduate School of Management), R. Lawrence Van Horn (Vanderbilt University – Strategy and Business Economics), & W. Kip Viscusi (Vanderbilt University – Law School; National Bureau of Economic Research (NBER); Vanderbilt University – Department of Economics; Vanderbilt University – Owen Graduate School of Management; Vanderbilt University – Strategy and Business Economics) have posted Sorry is Never Enough: The Effect of State Apology Laws on Medical Malpractice Liability Risk on SSRN. Here is the abstract:
State apology laws offer a separate avenue from traditional damages-centric tort reforms to promote communication between physicians and patients and to address potential medical malpractice liability. These laws facilitate apologies from physicians by excluding statements of apology from malpractice trials. Using a unique dataset that includes all malpractice claims for 90% of physicians practicing in a single specialty across the country, this study examines whether apology laws limit malpractice risk. For physicians who do not regularly perform surgery, apology laws increase the probability of facing a lawsuit and increase the average payment made to resolve a claim. For surgeons, apology laws do not have a substantial effect on the probability of facing a claim or the average payment made to resolve a claim. Overall, the evidence suggests that apology laws do not effectively limit medical malpractice liability risk.
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