California Proposition 46 – The Medical Malpractice Cap – Don’t Be Fooled – Wayne Johnson, Attorney – Political Economist

If approved by voters, the initiative will:


  • 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.



Supporters of the initiative refer to it as the Troy and Alana Pack Patient Safety Act of 2014, after two children who were killed by a driver under the influence of abused prescription drugs.


The measure, if approved, would create the first law in the United States to require the random drug testing of physicians.

Supporters of Proposition 46 argue that medical negligence is too common and pain and suffering damage awards are too low. Opponents say the initiative isn’t about protecting patients, but increasing medical lawsuit payouts to trial lawyers.


Opponents of the proposition claim that healthcare costs will rise significantly because doctors will pass the increased medical malpractice premiums on to the consumers.


This reminds me of the food labeling proposition wherein the opponents argued that if they are forced to label certain foods, they will pass the costs of doing so to the consumers.   Ironically, the voters were scared their food prices would go up $400 per year so they opted to not know what was in their food.   Well, I want to know what they are putting in my food.


As in the case of the medical malpractice, I want to know if the doctors are on drugs.   And, if a physician is cutting on the wrong part of my body, I want to be able to sue him or her for as much as I can for pain and suffering. If his or her premiums go up and they want to pass the costs on to me, so be it.   I will fight rising health care costs too.   Who is to say they will not increase the costs as much as they can anyway?


Doctors should not be immune from any and all consequences of their mishaps. If they want to keep their premiums down the answer is simple… “Stay off of drugs and pay attention!”


The physicians argue that the trial lawyers want the proposition so that they can get rich. Well, some doctors want to get rich and stay rich without consequences if they use poor judgment.


Besides, it is not the lawyers who decide how much a doctor or hospital should pay, it is the jurors. If a jury decides that a doctor committed malpractice, and the patient was injured to the tune of a million dollars, that is what they should be able to award a patient or his family.


Do not be fooled by the tactics of doctors who do not want to take responsibility for harming you.

© Copyright 2014 admin, All rights Reserved. Written For: Earth Colony

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