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Research inconclusive on tort reform effectiveness

LTC Liability Monitor, June 16, 2005

States that have enacted legislation to cap non-economic damages in medical malpractice cases attracted a greater share of physicians than states that did not, according to research reported by BestWire. The studies were from the Journal of the American Medical Association and Health Affairs. One of the studies concluded that physicians order more unnecessary tests and procedures when practicing in a place that has not enacted tort reform. Another study found that the average malpractice payment had grown only 4% annually between 1991 and 2003 and that the cost of malpractice insurance had grown faster. In general, studies have been inconclusive about the effectiveness of tort reform, BestWire reported.

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