Abstract

The professional liability system has been criticized for a wide variety of reasons, including its inefficiency and tendency to increase the costs of medical care.' The system, however, can embody socially beneficial incentives;2 that is, liability for malpractice claims may encourage providers to improve their performance to reduce future claims expense. It is not certain, however, whether our system in fact provides incentives for improved performance. If malpractice claims are perceived as essentially random, then the system serves merely to compensate the injured party but offers no incentives for medical care providers to reduce the risk of poor patient outcomes. However, if specific risk factors that predict malpractice exposure can be identified, then managers and insurers can act upon them to reduce the risk and cost of claims.

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