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The Impact of Changes in Judicial Doctrine: The Abrogation of Charitable Immunity

Published online by Cambridge University Press:  01 July 2024

Bradley C. Canon  and
Dean Jaros
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Abstract

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Common law doctrines may have as significant an impact on everyday life as those of the U.S. Supreme Court. This paper focuses on the abrogation of the doctrine of charitable immunity, which has occurred in 32 states since World War II. We investigate the impact of this change on average hospital room rate charges in each state. Both static and dynamic analyses are conducted. In both we control for economic and inflationary variables by using state per capita income data. Static analysis involves year-by-year comparison of room rate charges in abrogating states with those in states which retain the doctrine. The results are inconclusive. In dynamic analysis we identify those states which abrogated the doctrine and note changes in their average room rates at periods two, four, and six years subsequent to the abrogations. We also identify states which underwent no change in doctrine over the same periods. The amounts of room rate change in the two categories of states are then compared. We had expected the amount to be greater in abrogating states, and in fact this is almost universally the case. This strongly suggests that abrogation of charitable immunity has produced a demonstrable increase in hospital room rate charges.

Type
Research Article
Information
Law & Society Review , Volume 13 , Issue 4 , Summer 1979 , pp. 969 - 986
Copyright
Copyright © 1979 Law and Society Association.

Footnotes

*

This is a revised version of a paper presented to the 1978 Annual Meeting of the American Political Science Association in New York City. The authors wish to thank the American Hospital Association for assistance in data collection.

References

AMERICAN FAMILY PHYSICIAN (1976) “Hospitals Raise Rates Due to Rising Costs of Malpractice Insurance,” 14 American Family Physician 178 (October).Google Scholar
AMERICAN HOSPITAL ASSOCIATION (1950-1975) Survey of Charges in Community Hospitals as of January 1. (Sometimes entitled Survey of Hospital Charges in Community Hospitals as of January 1 or Survey of Rates in Community Hospitals as of January 1).Google Scholar
COLNER, Alan N. (1977) “The Impact of State Government Rate Setting on Hospital Management,” 2(1) Health Care Management Review 37.Google Scholar
CROYLE, James (1977) “Medical Malpractice in the Courts: An Analysis of the Impact of Judges and Judge Made Policy,” presented at Midwest Political Science Association meeting, Chicago (April).Google Scholar
CROYLE, James (1979), “An Impact Analysis of Judge-Made Products Liability Policies,” 13 Law and Society Review 3.Google Scholar
EDELMAN, Joel (1966) “How to Adapt to the Charleston Decision,” 107 Modern Hospital 137 (October).Google Scholar
FRYE, Jack (1966) “How Much Should Salary Increases Affect the Patient's Bill?” 66 American Journal of Nursing 2214.Google Scholar
GARBER, Lee O. and Marshall J., TYREE (1957) “Liability of Hospitals for Negligence,” 88 Modern Hospital 84 (May).Google Scholar
HAYDON, Charles (1958) “The Law of Hospital Liability is Settled—Until Something Happens to Unsettle It,” 90 Modern Hospital 68 (January).Google Scholar
HOLMES, Oliver W. (1881) The Common Law. Boston: Little, Brown.Google Scholar
HOSPITALS (1961) “The Departing Doctrine of Immunity,” 35 Hospitals 81 (April 1).Google Scholar
HOSPITALS (1969) “San Francisco Hospitals Foresee Rate Increase as Aftermath of Nurse Strike Settlement,” 43 Hospitals 61 (July 16).Google Scholar
JANKOWSKI, Theresa E. (1977) “Do Your Rates Reflect Costs?” 31 Hospital Financial Management 40 (May).Google Scholar
MAINE LAW REVIEW (1973) “Note: The Role of the Maine Law Court in Abrogating the Common Law Doctrines of Governmental and Charitable Immunity from Tort Liability,” 25 Maine Law Review 359.Google Scholar
MODERN, HOSPITAL (1959) “Kansas Survey Shows 85% of Hospitals Carry Professional Liability Insurance,” 93 Modern Hospital 140 (August).Google Scholar
MODERN, HOSPITAL (1961) “Michigan Court Overturns Charitable Immunity Rule,” 96 Modern Hospital 170 (May).Google Scholar
PROSSER, William and John W., WADE (1971) Torts: Cases and Materials (5th ed.). Minneola, N.Y.: Foundation Press.Google Scholar
SHAPIRO, Martin (1970) “Decentralized Decision-Making in the Law of Torts” in Ulmer, S. (ed.), Political Decision-Making. New York: Van Nostrand.Google Scholar
SHAPIRO, Martin (1972) “From Public Law to Public Policy or the ‘Public’ in ‘Public’ Law,” 5 PS 410.Google Scholar
SHIELDS, Francis and O'BRIEN, William J. (1966) “Hospitals' Loss of Immunity May Mean Fewer Malpractice Suits Against Physicians,” 69 Pennsylvania Medical Journal 62 (April).Google Scholar