Document Type

Working Paper

Publication Date

7-30-2016

SSRN Discipline

Economics Research Network; Legal Scholarship Network; Experimental & Empirical Studies eJournals; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Private Law eJournals; LSN Subject Matter eJournals; LSN Conferences & Meetings; Health Economics Network; Health Law eJournals

Abstract

This article is the first to empirically analyze the impact of tort liability on suicide Counterintuitively our analysis shows that suicide rates increase when potential tort liability is expanded to include psychiatrists "” the very defendants who would seem best able to prevent suicide Using a 50state panel regression for 1981 to 2013 we find that states that would hold psychiatrists but not other doctors liable for malpractice resulting in a suicide experienced a 128 increase in suicides The effect is even stronger 168 when we include controls We do not believe this is because suicide prevention doesn't work Rather we theorize that it is because some psychiatrists facing potential liability choose not to work with patients at high risk for suicide The article makes important contributions to the law of proximate cause and to the more general phenomenon of regulatory avoidance Traditionally one could not be liable for malpractice that causes another's suicide "” the suicide was considered a superseding and intervening cause About half of states retain the old common law rule Others have created exceptions for psychiatrists only or for all doctors and some have abandoned the old rule entirely Our findings suggest that expanding liability for psychiatrists may have an adverse affect Accordingly this article suggests that the best policy might be to retain or revive the traditional noliabilityforsuicide rule for mental health specialists The implications are enormous over 40000 people in the United States die each year from suicide

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