A decades-long fight among powerful California interests is finally coming before voters, as the proponents of a push to increase the sum victims can recover in medical malpractice lawsuits announced Thursday that they've qualified for the November ballot.
Supporters including Consumer Watchdog want to raise the $250,000 cap on pain and suffering damages in malpractice cases. They argue the amount is inadequate to cover the cost of physician negligence and contend the current ceiling deters lawyers from accepting malpractice cases.
The initiative, the fifth to qualify for the fall election, would increase the limit on pain and suffering damages to about $1.1 million as well as peg it to inflation. The initiative's proponent is Robert S. Pack.
Enacted by the Medical Injury Compensation Reform Act in 1975, several efforts to lift the limit have stalled in the state Capitol. Now the initiative – combined with another ballot measure that would give the state's elected insurance commissioner the power to reject health insurance rate increases – is expected to produce a costly battle between special-interest groups including lawyers, doctors, hospitals and insurance companies.
Opponents including the California Medical Association and California Hospital Association have argued the initiative would raise care prices by driving up liability costs. They also contend now is not the time given spiraling doctor shortages and the new health care exchanges swelling the pool of insured Californians.
The measure also mandates random drug and alcohol testing of doctors and requires that physicians check the state's prescription drug database before prescribing drugs to curb abuse.
"The patient safety protections in this ballot measure will save lives and protect families from dangerous, impaired and drug dealing doctors," Pack, whose two young children were killed by a impaired driver, said in a prepared statement. "Today, California voters have taken the first step in making sure that more families like mine don't have to experience the pain of losing a child due to dangerous medicine. No family should suffer because a doctor recklessly prescribes pills to an addict, is a substance abuser, or commits repeated acts of medical negligence."