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American Law and Economics Review V6 N1 2004 (95-134)
American Law and Economics Review Vol. 6 No. 1, © American Law and Economics Association 2004; all rights reserved.

Mandatory Arbitration and Civil Litigation: An Empirical Study of Medical Malpractice Litigation in the West

Albert Yoon

Northwestern University School of Law

Send correspondence to: Albert Yoon, Northwestern University School of Law, E. Chicago Ave., Chicago, IL 60611; E-mail: alberthyoon{at}law.northwestern.edu

This article looks at the effect that pretrial, statutorily required screening panels in Nevada have had on medical malpractice litigation. I use two unique data sets on litigation in Nevada and neighboring states from 1983–88, during which the Nevada legislature enacted screening panels. Applying time-series and difference-in-difference analyses, I show that observed decreases in Nevada with respect to damage awards, attorney's fees, and duration in litigation reflected a broader secular trend. The panels did, however, reduce the relative probability of claims requiring resolution by the Nevada courts.


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