${site.data.firmName}${SEMFirmNameAlt}
1-800-446-5879
More Than 40 Years Experience and Millions Recovered
Get In Touch For A Free Consultation
More Than 40 Years Experience and Millions Recovered
1-800-446-5879
Get In Touch For A Free Consultation

Prop 46: Increase in Cap on Medical Malpractice Lawsuits Initiative

Proposition 46 increases the cap on pain and suffering damages that can be assessed in medical negligence lawsuits to over $1 million. Proposition 46 provides for random drug and alcohol testing, thus screening doctors as a method of protecting patients from impaired physicians and preventing medical malpractice claims from ever occurring. 

For years, insurance companies have made record profits by raising premiums and failing to consider rebates to their insured.  Furthermore, without justification or rational explanation in relation to inflation, the cap on pain and suffering damages in medical malpractice lawsuits has not changed since it was enacted in the 1975.

Although reasonable in 1975, a $250,000 cap is inadequate compensation in 2014, nearly 40 years later. Prop 46 raises the cap to the amount that it would have been if it kept pace with inflation, and provides for future annual adjustments. This will resolve the issue of the medical malpractice cap once and for all by making it rationally related to the modern economic system in which it operates.

Because of the high costs of litigation, the current restrictive damages award means average Californians with legitimate claims of medical malpractice have a difficult time finding attorneys willing to champion their cause. Although Anti-Prop 46 propaganda would have you believe that civil tort cases are clogging the system and costing the taxpayers, the reality is that the majority of tort lawsuits are resolved without a trial (79% of all unlimited civil cases and 92% of all limited civil cases).

Several studies in recent years have revealed that hundreds of thousands of patients die each year because of medical negligence- by some accounts, deaths by medical errors is the third-leading cause of death in America. (See this link for more details).

There is a risk involved in any medical procedure, but it is our responsibility as voters to ensure that our legal system provides proper avenues for redress in the event of an unfortunate accident.

Proposition 46 also requires doctors to access a statewide database before prescribing drugs in an attempt to limit prescription drug abuse by patients. By enacting this requirement, California would take a stand against the unfortunate reality that health care providers are generally the main source of prescription drugs to chronic prescription drug abusers.

Vote Yes- An increase in the cap on medical malpractice lawsuits is long overdue. Prop 46 will hold doctors accountable when they commit negligence, address the growing public health crisis of prescription drug abuse, and protect the overall health, safety, and legal rights of Californians.

Please visit the following websites for additional information:

https://www.caoc.org/ca/index.cfm?pg=issjustice
http://www.caoc.org/docDownload/675730
https://web.archive.org/web/20140826194121/https://www.yeson46.org/frequently-asked-questions/

No Comments

Leave a comment
Comment Information
Email Us For a Response

Do You Need Compensation?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

San Jose Office
95 South Market Street
Suite 300
San Jose, CA 95113

Toll Free: (800) 446-5879
Fax: (415) 479-7004
Map & Directions

San Rafael Office
550 Las Gallinas Avenue
San Rafael, CA 94903

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

San Francisco Office
50 California Street
Suite 1500
San Francisco, CA 94111

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Oakland Office
1300 Clay Street
Suite 600 #44
Oakland, CA 94612

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Redwood Office
303 Twin Dolphin Drive
Suite 600
Redwood, CA 94065

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Vallejo Office
301 Georgia Street
Suite 355D
Vallejo, CA 94590

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Fairfield Office
1652 West Texas Street
Fairfield, CA 94533

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Fremont Office
39899 Balentine Drive
Suite 200
Fremont, CA 94560

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Santa Rosa Office
131 Stony Circle
Suite 500
Santa Rosa, California 95401

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Glendale Office
655 North Central Avenue
17th Floor #10029
Glendale, CA 91203

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Pleasanton Office
6200 Stoneridge Mall Road
3rd Floor
Pleasanton, CA 94588

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Walnut Creek Office
1990 North California Blvd.
Suite 830
Walnut Creek, CA 94596

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Sacramento Office
980 Ninth Street
16th Floor PMB1607
Sacramento, CA 95814

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Irvine Office
9210 Irvine Center Drive
Irvine, CA 92618

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

Eureka Office
428 First Street
Eureka, CA 95501

Toll Free: (800) 446-5879
Fax: (888) 446-5879
Map & Directions

San Rafael Office