The Effect of Universal Health Insurance on Malpractice Claims: The Japanese Experience

DSpace/Manakin Repository

The Effect of Universal Health Insurance on Malpractice Claims: The Japanese Experience

Citable link to this page

 

 
Title: The Effect of Universal Health Insurance on Malpractice Claims: The Japanese Experience
Author: Ramseyer, J. Mark
Citation: J. Mark Ramseyer, The Effect of Universal Health Insurance on Malpractice Claims: The Japanese Experience, 2 J. Legal Analysis 621 (2010).
Full Text & Related Files:
Abstract: Japanese patients file relatively few medical malpractice claims. To date, scholars have tried to explain this phenomenon by identifying "faults" in the Japanese judicial system. They look in the wrong place. Largely, the faults they identify do not exist.

To explore the reasons behind Japanese malpractice claiming patterns, I instead begin by identifying all malpractice suits that generated a published district court opinion between 1995 and 2004. I then combine the resulting micro-level dataset with aggregate data published by the courts, and publicly available information on the Japanese health care industry.

I locate the explanation for the dearth in claims in the patterns of Japanese medical technology, and the reason for that technology in the national health insurance program. In order to contain the cost of its universal national health insurance plan, the Japanese government has radically suppressed the price it pays for the technologically most sophisticated procedures. Predictably as a result, Japanese doctors and hospitals have focused instead on more rudimentary - and more generously compensated - care. Yet, for reasons common to many societies, Japanese patients do not sue over rudimentary care. They sue the physicians who supply the most sophisticated care. Japanese patients bring relatively few malpractice suits because the government has (for reasons of cost) suppressed the volume of the services (namely, highly sophisticated services) that would otherwise generate the most malpractice claims.
Published Version: http://jla.oxfordjournals.org/content/2/2/621.full.pdf+html
Other Sources: http://ssrn.com/abstract=1480331
http://www.law.harvard.edu/programs/olin_center/papers/pdf/Ramseyer_648.pdf
Terms of Use: This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAA
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:30065252
Downloads of this work:

Show full Dublin Core record

This item appears in the following Collection(s)

 
 

Search DASH


Advanced Search
 
 

Submitters