+ Site Statistics
References:
54,258,434
Abstracts:
29,560,870
PMIDs:
28,072,757
+ Search Articles
+ Subscribe to Site Feeds
Most Shared
PDF Full Text
+ PDF Full Text
Request PDF Full Text
+ Follow Us
Follow on Facebook
Follow on Twitter
Follow on LinkedIn
+ Translate
+ Recently Requested

Malpractice litigation and nursing home quality of care



Malpractice litigation and nursing home quality of care



Health Services Research 48(6 Pt 1): 1920-1938



To assess the potential deterrent effect of nursing home litigation threat on nursing home quality. We use a panel dataset of litigation claims and Nursing Home Online Survey Certification and Reporting (OSCAR) data from 1995 to 2005 in six states: Florida, Illinois, Wisconsin, New Jersey, Missouri, and Delaware, for a total of 2,245 facilities. Claims data are from Westlaw's Adverse Filings database, a proprietary legal database, on all malpractice, negligence, and personal injury/wrongful death claims filed against nursing facilities. A lagged 2-year moving average of the county-level number of malpractice claims is used to represent the threat of litigation. We use facility fixed-effects models to examine the relationship between the threat of litigation and nursing home quality. We find significant increases in registered nurse-to-total staffing ratios in response to rising malpractice threat, and a reduction in pressure sores among highly staffed facilities. However, the magnitude of the deterrence effect is small. Deterrence in response to the threat of malpractice litigation is unlikely to lead to widespread improvements in nursing home quality. This should be weighed against other benefits and costs of litigation to assess the net benefit of tort reform.

(PDF emailed within 0-6 h: $19.90)

Accession: 036924297

Download citation: RISBibTeXText

PMID: 23741985

DOI: 10.1111/1475-6773.12072


Related references

Lessons from nursing home dysphagia malpractice litigation. Journal of Gerontological Nursing 36(3): 41-46, 2010

Malpractice Environment vs Direct Litigation: What Drives Nursing Home Exit?. Inquiry 55: 46958018787995, 2018

Nursing standard of care in medical malpractice litigation: the role of the nurse expert witness. Journal of Health and Hospital Law 23(12): 363-367, 1990

Medical malpractice litigation raises health-care cost, reduces access, and lowers quality of care. Journal of Medical Practice Management 20(1): 44-51, 2004

Medical malpractice litigation: does it augment or impede quality care?. Journal of Pediatrics 110(6): 878-880, 1987

The impact of litigation on nursing home quality. Journal of Health Politics, Policy and Law 29(1): 11-42, 2004

Records of medical malpractice litigation: a potential indicator of health-care quality in China. Bulletin of the World Health Organization 95(6): 430-436, 2018

The relationship between nursing home residents' perceptions of nursing staff and quality of nursing home care. Activities Adaptation and Aging 8(3-4): 143-156, 1986

Nursing home quality, staffing, and malpractice paid-losses. Journal of Health Care Finance 38(1): 1-10, 2011

Association Between Clinician Specialization in Nursing Home Care and Nursing Home Clinical Quality Scores. Journal of the American Medical Directors Association 2019, 2019

Quality of care and negligence litigation in nursing homes. New England Journal of Medicine 365(1): 92; Author Reply 93-92; Author Reply 93, 2011

Nursing malpractice litigation: a personal journey. Mcn. American Journal of Maternal Child Nursing 19(5): 249-54; Discussion 257, 1994

Quality of nursing home care assessed by competent nursing home patients. Journal of Advanced Nursing 26(6): 1117-1124, 1998

Medicolegal--Malpractice and ethical issues in radiology. Electronic health records and malpractice litigation: malpractice pitfalls. Ajr. American Journal of Roentgenology 203(4): W447-W448, 2014

Relationship between quality of care and negligence litigation in nursing homes. New England Journal of Medicine 364(13): 1243-1250, 2011