State medical malpractice laws and utilization of surgical treatment for rotator cuff tear and proximal humerus fracture: an observational cohort study

Brian Chen; Cole Chapman; Sarah Bauer Floyd; John Mobley; John Brooks

doi:10.1186/s12913-021-06544-8

$State medical malpractice laws and utilization of surgical treatment for rotator cuff tear and proximal humerus fracture: an observational cohort study$

Journal article

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Peer reviewed

State medical malpractice laws and utilization of surgical treatment for rotator cuff tear and proximal humerus fracture: an observational cohort study

Brian Chen, Cole Chapman, Sarah Bauer Floyd, John Mobley and John Brooks

BMC health services research, Vol.21(1), pp.516-516

05/28/2021

DOI: 10.1186/s12913-021-06544-8

PMCID: PMC8161917

PMID: 34049554

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Abstract

BackgroundHow much does the medical malpractice system affect treatment decisions in orthopaedics? To further this inquiry, we sought to assess whether malpractice liability is associated with differences in surgery rates among elderly orthopaedic patients.MethodsMedicare data were obtained for patients with a rotator cuff tear or proximal humerus fracture in 2011. Multivariate regressions were used to assess whether the probability of surgery is associated with various state-level rules that increase or decrease malpractice liability risks.ResultsStudy results indicate that lower liability is associated with higher surgery rates. States with joint and several liability, caps on punitive damages, and punitive evidence rule had surgery rates that were respectively 5%-, 1%-, and 1%-point higher for rotator cuff tears, and 2%-, 2%- and 1%-point higher for proximal humerus fractures. Conversely, greater liability is associated with lower surgery rates, respectively 6%- and 9%-points lower for rotator cuff patients in states with comparative negligence and pure comparative negligence.ConclusionsMedical malpractice liability is associated with orthopaedic treatment choices. Future research should investigate whether treatment differences result in health outcome changes to assess the costs and benefits of the medical liability system.

Health Care Sciences & Services

Life Sciences & Biomedicine

Science & Technology

Details

Title: Subtitle: State medical malpractice laws and utilization of surgical treatment for rotator cuff tear and proximal humerus fracture: an observational cohort study
Creators: Brian Chen - University of South Carolina
Cole Chapman - University of Iowa
Sarah Bauer Floyd - Clemson University
John Mobley - University of South Carolina
John Brooks - University of South Carolina
Resource Type: Journal article
Publication Details: BMC health services research, Vol.21(1), pp.516-516
DOI: 10.1186/s12913-021-06544-8
PMID: 34049554
PMCID: PMC8161917
NLM abbreviation: BMC Health Serv Res
ISSN: 1472-6963
eISSN: 1472-6963
Publisher: Springer Nature
Number of pages: 11
Grant note: Hawkins Foundation
Language: English
Date published: 05/28/2021
Academic Unit: Pharmacy Practice and Science
Record Identifier: 9984365878102771

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