What’s the Rush? Tort Laws and Elective Early-term Induction of Labor
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Author
Roth, Louise MarieAffiliation
University of ArizonaIssue Date
2016-12Keywords
childbirthevidence-based medicine
induction of labor
legal risk
medical liability
tort law
tort reform
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SAGE PUBLICATIONS INCCitation
What’s the Rush? Tort Laws and Elective Early-term Induction of Labor 2016, 57 (4):486 Journal of Health and Social BehaviorRights
© American Sociological Association 2016.Collection Information
This item from the UA Faculty Publications collection is made available by the University of Arizona with support from the University of Arizona Libraries. If you have questions, please contact us at repository@u.library.arizona.edu.Abstract
Tort laws aim to deter risky medical practices and increase accountability for harm. This research examines their effects on deterrence of a high-risk obstetric practice in the United States: elective early-term (37-38 weeks gestation) induction of labor. Using birth certificate data from the Natality Detail Files and state-level data from publicly available sources, this study analyzes the effects of tort laws on labor induction with multilevel models (MLM) of 665,491 early-term births nested in states. Results reveal that caps on damages are associated with significantly higher odds of early-term induction and Proportionate Liability (PL) is associated with significantly lower odds compared to Joint and Several Liability (JSL). The findings suggest that clinicians are more likely to engage in practices that defy professional guidelines in tort environments with lower legal burdens. I discuss the implications of the findings for patient safety and the deterrence of high-risk practices.ISSN
0022-14652150-6000
Version
Final accepted manuscriptSponsors
National Science Foundation [0958190]Additional Links
http://journals.sagepub.com/doi/10.1177/0022146516669971ae974a485f413a2113503eed53cd6c53
10.1177/0022146516669971