Abstract
An important but under-researched issue for medical malpractice (med-mal) litigation is how physicians' previous medical malpractice experiences affect their behaviour. Using Florida data on closed med-mal claims, I find that if physicians have prior paid claims, their current litigation is resolved faster and is associated with less cost. Having a prior payout does not significantly predict the likelihood or the amount of the current payout. This suggests that learning occurs as a result of prior med-mal experience. As a theoretical motivation, I developed a dynamic version of the divergent expectations (DE) litigation model. The model predicts, consistent with the data, that physicians have a more realistic analysis of med-mal litigation if they have prior experience. Many robustness checks are carried out to test the results, including using a fixed effect framework, to which the results are robust.
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