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Evidence on the Performance of a Selective No-Fault System

Randall R. Bovbjerg, JD; Laurence R. Tancredi, MD, JD; Daniel S. Gaylin

JAMA. 1991;265(21):2836-2843.

Abstract
Most malpractice litigation in obstetrics could be replaced with an alternative insurance system based on "accelerated-compensation events," which are classes of medical injuries determined in advance by medical experts to be readily identifiable, normally preventable with good care, and nondistorting of medical decision making. This professionally derived system would help prevent injury and improve the resolution of injuries. Prior work on accelerated-compensation events was largely conceptual, so to study the likely effects of accelerated-compensation events, we applied the events to a large database of obstetrical malpractice claims. Results refute prior criticisms. Accelerated-compensation events (1) are definitely feasible to develop and apply, (2) would probably cover two thirds of currently paid claims and three quarters of indemnity dollars, (3) would likely involve substantial savings in time and expense per case, and (4) would probably not introduce an unmanageable number of large new claims.

(JAMA. 1991;265:2836-2843)

Author Affiliations
From The Urban Institute, Washington, DC (Messrs Bovbjerg and Gaylin), and the University of Texas Health Science Center at Houston (Dr Tancredi).

Footnotes
Address reprint requests to The Urban Institute, 2100 M St NW, Washington, DC 20037 (Mr Bovbjerg).

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