At the CAALA (Consumer Attorneys Association of California) Convention this past weekend, we learned about a very important issue on the ballot for Californians this November known as California Proposition 46.
In short, Proposition 46 proposes to demand accountability from the medical profession with these changes to existing law:
- Increase the state's cap on damages that can be assessed in medical negligence lawsuits to over $1 million from the current cap of $250,000.
- Require drug and alcohol testing of doctors and reporting of positive tests to the California Medical Board.
- Require the California Medical Board to suspend doctors pending investigation of positive tests and take disciplinary action if the doctor was found impaired while on duty.
- Require health care practitioners to report any doctor suspected of drug or alcohol impairment or medical negligence.
- --Require health care practitioners to consult the state prescription drug history database before prescribing certain controlled substances.
If approved, Proposition 46 would create the first law in the United States to require random drug testing of physicians.
Under the current regulations known as the Medical Injury Compensation Reform Act (MICRA), which was signed in 1975 by Gov. Jerry Brown, noneconomic pain and suffering damages as a result of medical malpractice are capped at $250,000. Experts agree that if MICRA was pegged to inflation, the noneconomic cap would now be set at $1.1 million.
Advocate Capital, Inc. is proud to support trial lawyers like the members of the CAALA organization by pledging financial support, spreading the word about this important vote and challenging any/all trial lawyers, vendors and other businesses to join the fight for this important change in the law. Join us in supporting this worthy cause by visiting https://www.yeson46.org/ to learn more and make a donation.
Senior Vice President