What’s the Rush? Tort Laws and Elective Early-term Induction of Labor

• In Event: 194 - Section on Sociology of Law Paper Session. Law and Health

Abstract

American maternity care providers often face tensions between evidence-based practices that promote optimal outcomes and typical practices that reinforce hospital cultures and advance organizational efficiency. In the American healthcare system, which has little regulation and few resources for assisting citizens with significant disabilities, tort laws are a legal mechanism that aims to tip the balance toward patient safety and accountability for harm. This study analyzes the effects of tort statutes and malpractice legal activity on the odds of a risky obstetric practice: early-term labor induction. Results reveal that caps on damages are associated with significantly higher odds of early-term induction and the rule of proportionate liability is associated with significantly lower odds compared to the Joint and Several Liability (JSL) rule. The results 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 these findings for the quality of care and the deterrence of high-risk practices in the tort system. 

Author

• Louise Marie Roth, University of Arizona