Does higher malpractice pressure deter medical errors? created by Toshiaki Iizuka

An important objective of medical liability law is to deter medical errors by punishing negligent mistakes. However, relatively little evidence exists on the deterrence effect. Using newly constructed measures of preventable medical complications and state tort reforms in the United States between 1994 and 2007, I found evidence that higher liability pressure deters preventable medical complications related to four specific obstetrics/gynecology procedures. The results also showed that the effects of tort reforms vary by the specific reform in question: while joint and several liability reform (which increases doctor accountability) appear to decrease preventable medical complications, collateral source rule reform and caps on punitive damages appear to increase these complications. Opponents of tort reform often argue that tort reforms may adversely affect patient safety, and the results of this paper suggest that such a concern is legitimate