Medical Malpractice Limits Will Not Increase
Sadly, Proposition 46 has failed. It would have raised the allowable pain and suffering awards in medical malpractice cases from $250,000 to just over $1 million. This will mean that law suits against doctors and hospitals will continue to be very difficult to prosecute.
Under the current law which was established in 1975, when we sue a doctor or a hospital, we are limited to recovering $250,000 for pain and suffering per claim. This means that even in the case of a wrongful death, each claimant can only get $250,000. This was ridiculous in 1975 and is even more ridiculous today.
It seems to me that the authors of Prop 46 tried to pack too much stuff into one proposition with the result being a failure. The prop also required random drug testing of doctors for alcohol and drugs and testing of doctors after certain medical mistakes causing death or disability.
Finally, the proposition required doctors to check a statewide prescription drug database before prescribing certain highly abused drugs to their patients. It is sad for the entire state that this proposition did not pass. However, we must understand that the state medical board has a very strong political department and spent millions to quash this ballot initiative.
We should try and rewrite the initiative for the next election and at least try to get the pain and suffering limits increased to something that is fair and equitable for plaintiffs.
If you have questions about medical malpractice by a doctor, a hospital or any medical personnel, call us:
Valley Attorney Group (818) 783-5700 or (888) 764-4340 or visit our sites: