Two recent papers authored by David Hyman, an expert in regulation and financing of health care, conclude that there is little evidence that tort reform – and particularly caps on noneconomic damages – has any effect on reducing defensive medicine, attracting more doctors to a state, or any other apparent aim of caps.

Hyman looked at the so-called third wave of malpractice reforms, studying nine states that enacted tort reform from 2002-2005. They looked at what was happening in the states before and after tort reforms were enacted, and compared that to other states.

Published in his first paper, Hyman and his team found that tort reform caps had no effect on hospital spending, and actually caused an increase in spending on physician services.

In his team’s second paper, they considered whether or not enacting tort reform would make states a magnet for doctors to come, especially those in high-risk specialties. What the team found was that, for doctors in those states, their liability premiums were lower. So it may be one of a number of factors that might lead a doctor to choose to live and work there.

But they also found no evidence that such a cap actually increased the number of doctors or the number of high-risk doctors. The only exceptions were plastic surgeons – there was an increase in the number of plastic surgeons in states that had enacted damages caps.

Hyman considered the argument that states want to encourage doctors to come and practice there, thereby increasing people’s access to health care. One way that might work better, Hyman suggested, was pay them more: “Paying physicians more when they treat Medicaid beneficiaries is a clear and direct way of encouraging physicians to move to your state and practice . . . “

So if you are a state who wants more plastic surgeons to come, enact caps on noneconomic damages for victims of medical malpractice. If you want more doctors to come in general, pay them better.

You can read the entire story here:

[Medical malpractice reform does little to contain health care costs][1]

[1]: http://medicalxpress.com/news/2015-01-medical-malpractice-reform-health.html “Medical malpractice reform does little to contain health care costs”