Abstract

Exploiting variation in tort laws at the state level, this paper finds empirical evidence of gender differences in responding to malpractice lawsuit liability by physicians. We find that a cap on non-economic damages increases female physicians’ relative representation in reform states by 1.297 percentage points (or 3.2 percent) among young physicians. This result is robust to the inclusion of state economic conditions, demographics, and the gender distribution of physicians by their state of birth, state of medical education, and state of residency training. No gender differences are found among physicians who are 35 years of age or older.

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