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High-low agreements

The American Academy of Family Physicians offers a primer on how these can work to reduce uncertainty in med-mal litigation. One disincentive for entering into them: "a 'winning' defendant physician suffers the career-long consequences of disclosure to the National Practitioner Data Bank," since a payment is made to the plaintiff despite the jury's finding of no liability (via Kevin Pho).



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.