Waxman et al report in NEJM their findings regarding the effect legal
reform had in the practice of medicine, in three states, Texas, Georgia, and South Carolina, which between 2003 and 2005, enacted
legislation that changed the malpractice standard for emergency care to gross
negligence.
Using a 5% random sample of Medicare
fee-for-service beneficiaries, they identified all emergency department visits
to hospitals in the three reform states and in neighboring (control) states
from 1997 through 2011. They compared patient-level outcomes, before and after
legislation, in reform states and control states. Outcomes were
policy-attributable changes in the use of computed tomography (CT) or magnetic
resonance imaging (MRI), per-visit emergency department charges, and the rate
of hospital admissions.
For eight of the nine states–outcome
combinations tested, they found no reduction in the rates of CT or MRI
utilization or hospital admission in any of the three reform states and no
reduction in charges in Texas or South Carolina. In Georgia, reform was associated
with a 3.6% reduction in per-visit emergency department charges.
They conclude that legislation that substantially changed
the malpractice standard for emergency physicians in three states had little
effect on the intensity of practice, as measured by imaging rates, average
charges, or hospital admission rates.