Medical Malpractice Damage Caps and Provider Reimbursement

Friedson, Andrew I.

doi:10.1002/hec.3283

Cited by 9 publications

(7 citation statements)

References 33 publications

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“…Medical disputes can be resolved through litigation [15,16] or, where alternative dispute resolution (ADR) methods exist, through mediation or arbitration [17,18]. Facing the scarcity of both medical and legal resources, China has advocated mediation as an ADR approach to deal with medical disputes.…”

Section: Introductionmentioning

confidence: 99%

The role of mediation in solving medical disputes in China

Wang

Liu

Zhao³

et al. 2020

BMC Health Serv Res

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Background: Medical litigation represents a growing cost to healthcare systems. Mediation, arbitration, and other alternative dispute resolution (ADR) methods are increasingly used to help solve the disputes and improve healthcare satisfaction. In China, the increasing number of medical disputes has contributed to concern for the safety of physicians and mistrust between physician and patients resulting in ADR processes being established in several provinces in recent years. Our aim was to describe and explain the impact of this new mediation process in the Chinese healthcare system. Methods:Our study investigated mediation practices in China using case-level data from 5614 mediation records in Guangdong Province between 2013 and 2015. We investigated how the resolution success as well as the compensations are associated with the case characteristics using regression analysis. Results: Among the cases analyzed, 1995 (41%) were solved with agreement through mediation, 1030 were closed by reconciliation, 559 were closed by referring to court and 1017 cases were withdrawn after mediation. Five hundred five Yinao cases were solved with the help of mediators on the spot. We find that mediation solved about 90% of medical disputes under present mechanisms, while more police support is needed to cope with Yinao. The average compensation of mediation is CNY60,200 and average length of mediation is 87 days. Longer time taken to reach resolution and more money claimed by patients are associated with lower resolution success rate (p < 0.01) and higher compensation levels (p < 0.01). Conclusion:Our results show the performance of mediation mechanisms in China to help solve medical disputes. ADR plays a role in reducing the need for initiating litigation and may ultimately increase satisfaction with the healthcare system.

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Section: Introductionmentioning

confidence: 99%

The role of mediation in solving medical disputes in China

Wang

Liu

Zhao³

et al. 2020

BMC Health Serv Res

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“…Avraham et al [ 26 ] found, for example, that some tort reforms reduced insurance premiums, but only for employer-sponsored plans rather than capitated HMO plans [ 26 ]. Friedson [ 27 ] concluded that caps on noneconomic damages reduced insurance reimbursements for certain procedures, but providers did not reduce charges to insurers . Thorpe [ 28 ] reported that state with caps on malpractice claims had insurance premiums that were 17.1% lower than states without caps.…”

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confidence: 99%

State medical malpractice laws and utilization of surgical treatment for rotator cuff tear and proximal humerus fracture: an observational cohort study

Chen

Chapman

Floyd

et al. 2021

BMC Health Serv Res

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Background How much does the medical malpractice system affect treatment decisions in orthopaedics? To further this inquiry, we sought to assess whether malpractice liability is associated with differences in surgery rates among elderly orthopaedic patients. Methods Medicare data were obtained for patients with a rotator cuff tear or proximal humerus fracture in 2011. Multivariate regressions were used to assess whether the probability of surgery is associated with various state-level rules that increase or decrease malpractice liability risks. Results Study results indicate that lower liability is associated with higher surgery rates. States with joint and several liability, caps on punitive damages, and punitive evidence rule had surgery rates that were respectively 5%-, 1%-, and 1%-point higher for rotator cuff tears, and 2%-, 2%- and 1%-point higher for proximal humerus fractures. Conversely, greater liability is associated with lower surgery rates, respectively 6%- and 9%-points lower for rotator cuff patients in states with comparative negligence and pure comparative negligence. Conclusions Medical malpractice liability is associated with orthopaedic treatment choices. Future research should investigate whether treatment differences result in health outcome changes to assess the costs and benefits of the medical liability system.

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“…Researchers have used Fair Health data to study the effects of medical malpractice damage caps on provider reimbursement (34), market power and provider consolidation (54), the effects of occupational licensing on health care prices (53), the effects of health coverage mandates on provider reimbursement (35), and the opioid crisis among the privately insured (28).…”

Section: New Aggregate Health Care Claims Datamentioning

confidence: 99%

Data Resources for Conducting Health Services and Policy Research

Blewett

Call

Turner

et al. 2024

Annual Review of Public Health

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Rich federal data resources provide essential data inputs for monitoring the health and health care of the US population and are essential for conducting health services policy research. The six household surveys we document in this article cover a broad array of health topics, including health insurance coverage (American Community Survey, Current Population Survey), health conditions and behaviors (National Health Interview Survey, Behavioral Risk Factor Surveillance System), health care utilization and spending (Medical Expenditure Panel Survey), and longitudinal data on public program participation (SIPP). New federal activities are linking federal surveys with administrative data to reduce duplication and response burden. In the private sector, vendors are aggregating data from medical records and claims to enhance our understanding of treatment, quality, and outcomes of medical care. Federal agencies must continue to innovate to meet the continuous challenges of scarce resources, pressures for more granular data, and new multimode data collection methodologies.

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Medical Malpractice Damage Caps and Provider Reimbursement

Cited by 9 publications

References 33 publications

The role of mediation in solving medical disputes in China

The role of mediation in solving medical disputes in China

State medical malpractice laws and utilization of surgical treatment for rotator cuff tear and proximal humerus fracture: an observational cohort study

Data Resources for Conducting Health Services and Policy Research

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