◼ Howard Jarvis Taxpayers Association - Proposition 46 would increase the maximum amount of money patients are able to collect from doctors in malpractice lawsuits to $1 million from a current cap of $250,000. The proposal also requires periodic drug and alcohol testing of doctors with disciplinary action if the doctor is found to have been impaired while working. In addition, the measure institutes a prescription drug database to help prevent prescription drug abuse by doctors. Proposition 46 is backed financially by trial lawyers’ associations.
SUPPORTERS say the measure would help reduce medical negligence, which is the country’s third leading cause of death. They say the measure’s drug and alcohol testing and prescription drug database provisions would protect patient safety by cracking down on doctors who practice medicine while under the influence.
OPPONENTS say trial lawyers wrote Prop. 46 to benefit themselves and if passed costs to doctors associated with medical lawsuits would skyrocket. The costly lawsuits that would result from Prop. 46 would lead to higher costs to patients and possible reductions in services. Furthermore, opponents say the measure creates a new bureaucracy and jeopardizes privacy by putting bureaucrats in charge of a new database of confidential patient records.
◼ CLICK HERE TO READ THE TEXT OF THE MEASURE
◼ CLICK HERE TO VISIT SUPPORTERS WEBSITE
◼ CLICK HERE TO VISIT OPPONENTS WEBSITE
◼ Congressman Tom McClintock says – If You Thought Prop 45 Was Bad: NO. Another trial lawyers measure that quadruples the amount they can get for pain and suffering awards. Prop. 45 means lower provider reimbursements and Prop. 46 means higher provider costs. It also requires drug testing for doctors, which is a stupid idea but I appreciate the poetic justice in making THEM pee into little cups for a change. Anyway, it won’t matter because your doctor will be out of state.
◼ CFRW Recommends a NO Vote
Prop 46 Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits.
Summary: Requires drug and alcohol testing of doctors and reporting of positive test to the California Medical Board. Requires Board to suspend doctor pending investigation of positive test and take disciplinary action if doctor was impaired while on duty. Requires doctors to report any other doctor suspected of drug or alcohol impairment or medical negligence. Requires health care practitioners to consult state prescription drug history database before prescribing certain controlled substances. Increases $250,000 cap on pain and suffering damages in medical negligence lawsuits to account for inflation.
Fiscal Impact: Increased state and local government health care costs from raising the cap on medical malpractice damages, likely ranging from the tens of millions of dollars to several hundred million dollars annually.
Talking Points:
- It is no secret this measure was drafted by trial lawyers who stand to make millions with an increase on the “emotional pain and suffering” cap for medical negligence lawsuits
- This measure forces doctors and pharmacists to use a massive statewide database filled with Californians’ personal medical prescription information. A mandate government will find impossible to implement, and a database with no increased security standards to protect your personal prescription information from hacking and theft – none.
- If California’s medical liability cap goes up, you could also lose your trusted doctor. It’s true. Many doctors will be forced to leave California to practice in states where medical liability insurance is more affordable.
- A recent study found that this initiative will increase health care costs by $9.9 billion annually – or more than $1,000/year in higher health costs for a family of four
- It is deceptive. The drug testing of doctors portion of this measure was only added as an illusion to the real goal of this prop- to raise the cap on emotional pain and suffering
◼ LA Times Endorsement: No on Proposition 46 - LA Times
◼ 46 REASONS TO VOTE NO ON 46 - NO ON 46 ON FACEBOOK
