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Uncertainty, Information and Resolution of Medical Malpractice Disputes

Frank Sloan and Thomas J Hoerger

Journal of Risk and Uncertainty, 1991, vol. 4, issue 4, 403-23

Abstract: This study assesses the role of defendant liability in determining whether the plaintiff receives payment, relationship of compensation to economic loss, and stage of dispute resolution. An options pricing model explains how information acquired affects both decisions to drop or continue and settlement values, as well as the role of pecuniary motives for claiming. Cases in which a panel of physician evaluators thought defendant(s) to be innocent were much more likely to be dropped, as were cases in which innocence became more apparent as the case developed. Compensation was much less than economic loss on average. Questionable defendant liability reduced compensation. Copyright 1991 by Kluwer Academic Publishers

Date: 1991
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