Medical Malpractice Regimes (MMR)

Abstract:

Medical Malpractice (MM) first came to the attention of policy makers in the U.S. where, from the Seventies, healthcare providers denounced problems in getting insurance for medical liability, pointing out to a crisis in the MM insurance market (Sage 2003). The crisis was allegedly grounded in an explosion of claims based on iatrogenic injuries. The problems have also received increasing attention in Europe in the past decades (HOPE 2004, OECD 2006, EU 2006). We propose using the Danish case study to shed light on some of the solutions to the MM crisis adopted in the Scandinavian context, such as the implementation of an administrative system to manage MM claims and the provision of a universal public insurance coverage for medical liability. By exploiting unique data at both patient and claim level, we will address the link between the Danish MM regime and healthcare quality, the equity and sustainability of damages compensation, and the trend of new technology adoption in healthcare.