Male and Female Recoveries in Medical Malpractice Cases

This study analyzes male and female recovery resulting from medical malpractice injuries to discern the importance to the recovery differential of gender differences in recoveries for medical malpractice injuries. We find that the pattern of recoveries follows one similar to that found in studying wage differentials between males and females. Differences in the relative magnitudes of foregone earnings and nonmarket loses are reflected in the composition of recoveries. In addition, we find a recovery gap in which females receive substantially less in recoveries when they receive male's average compensation for medical malpractice injuries. However, only a small portion of the male and female recovery differential is explained by the characteristics of the claims, leaving a substantial portion of the differential unexplained.