October 5, 2022 Breaking News, Latest News, and Videos

Election 2014: Voters Reject Proposition 46 Regarding Medical Practices:

Proposition 46, a wide-ranging initiative that included raising the 1975 limit on pain and suffering damages in medical malpractice lawsuits, was easily defeated Tuesday.

With 100 percent of precicnts reporting, the ‘no’ vote collected 63.41 percent of the vote (679,092 votes) to the 36.59 percent (391,898 votes) that voted ‘yes’.

Proposition 46 author Bob Pack said the campaign on behalf of the initiative “opened the eyes of all Californians about patient safety,” but “faced deep-pocketed opposition from the insurance industry.”

“At least in this election, insurance industry profits trumped patient safety,” Pack said.

Pack, a technology executive, authored the initiative in response to the 2003 deaths of his 10-year-old son, Troy, and 7-year-old daughter, Alana, who were struck by a car driven by a drugged driver as they were walking on a sidewalk in Danville with their mother. The crash also killed Pack’s unborn twins.

Proposition 46 would have also required random drug and alcohol testing of doctors, and mandated health care practitioners consult the state prescription drug history database before prescribing certain controlled substances.

Supporters said it would have detected and deterred medical negligence, over-prescribing of prescription drugs and drug and alcohol abuse by doctors and promoted justice for people who don’t have an income — including retirees, children and stay-at-home parents — who are victims of medical malpractice.

Opponents said Proposition 46 would have caused many doctors and other medical care professionals to quit their practices or move to states with lower medical malpractice insurance premiums and threatened the public’s privacy by requiring a massive expansion of the use of the state’s personal prescription drug database, known as CURES.

The measure dubbed by backers the “Troy and Alana Pack Patient Safety Act” would have adjusted for inflation the $250,000 limit for pain and suffering damages in medical negligence lawsuits, which has been law since 1975.

If the $250,000 limit had been adjusted for inflation since 1975, it would now be $1,106,092.01, according to Bureau of Labor Statistics figures.

“If a child dies because of medical negligence, it’s almost impossible to get an attorney,” because attorney’s fees and the cost of expert witnesses make it economically unattractive, said Jamie Court, the president and chairman of the board of Consumer Watchdog, the Santa Monica-based consumer advocate that conducted the campaign on behalf of Proposition 46.

Pack “wanted to change that so victims had access to justice,” Court said.

Proposition 46 would have also required hospitals to conduct random drug and alcohol testing of doctors who practice there; doctors to report other physicians who appear to be impaired by drugs and alcohol on duty; and reporting of positive tests to the California Medical Board.

Drug-testing of doctors was considered by the inspector general of the U.S. Department of Health and Human Services and “we’d been looking at it as part of a patient safety measure,” Court said.

“When we were talking to the public about eight to 10 ideas we had, this proved to be among the most popular,” Court said. “Most people did not realize doctors were not drug-tested and suspended when they tested positive.”

Proposition 46 would have also required health care practitioners to consult the state prescription drug history database before certain controlled substances are prescribed to a patient for the first time. Pack created the database.

“Bob’s personal tragedy involved a doctor who over-prescribed to a drug addict with three DUIs,” Court said.

The woman was prescribed “thousands of pills, took them, fell asleep at the wheel, swerved off the road, killed his kids,” Court said.

Passage of Proposition 46 would have resulted in higher malpractice costs for state and local governments at least in the low tens of millions of dollars, potentially ranging to more than $100 million annually, according to an analysis prepared by the Legislative Analyst’s Office and Department of Finance.

The analysis also found the potential state and local government costs associated with changes in the amount and types of health care services potentially range from relatively minor to hundreds of millions of dollars annually.

The requirement to check CURES and test physicians for alcohol and drugs would likely result in annual savings to state and local governments. The amount of annual savings is highly uncertain, but potentially significant, according to the analysis.

Proposition 46 contained multiple elements because “if you’re doing a patient safety ballot measure and don’t have a lot of money, you got to put them all in one,” because of the approximately $2 million cost to qualify an initiative, Court said.

in News
Related Posts

Third Annual Arnold Maeda Manzanar Pilgrimage Grant Application Period Now Open

October 4, 2022

October 4, 2022

Applications due January 6, 2022 Submitted by the Venice Japanese American Memorial Monument (VJAMM) Committee The Venice Japanese American Memorial...

Santa Monica Human Services Grants Program Request for Proposal for FY 2023-27 Now Open

October 4, 2022

October 4, 2022

Applications due January 18, 2022  On Wednesday, September 28, 2022, the City of Santa Monica released a Request for Proposals...

Westside Ladies Clean Up History in Santa Monica

October 4, 2022

October 4, 2022

Members of the Santa Monica Chapter Daughters of the American Revolution (DAR) spent some time this past month cleaning a...

Local Businesses Donate $400,000 to We Are Santa Monica Fund to Support Police Cadet Program

October 4, 2022

October 4, 2022

Program to be reinstituted thanks to donation Last week, the Santa Monica City Council approved budget appropriations for a $400,000...

Chevy Takes Over Electric Avenue For EV Test Drive Event

October 4, 2022

October 4, 2022

Local EV test drive event showcase the utility of EVs and EUVs in addition to new models by Chevy..Video sponsored...

Adult Female P-65 Is the First Mountain Lion in Study to Die of Complications From Mange

October 4, 2022

October 4, 2022

P-65 was found dead by biologists on March 4, 2022, near a stream in the central Santa Monica Mountains Adult...

Santa Monica Businesses Welcome German Health Trade and Science Delegation

October 3, 2022

October 3, 2022

German Minister-President, State Secretary and business leaders visit Santa Monica, forging path in artificial intelligence and medicine Quantgene, a Santa...

Santa Monica Police Department to Begin Enforcement for Vehicles Parked on Parkways

October 3, 2022

October 3, 2022

Officers will also enforce vehicles parked on driveway aprons The Santa Monica Police Department (SMPD) will soon begin to cite...

New Affordable Housing Development Coming To 7th Street: Santa Monica Real Estate Report – October 3rd, 2022

October 3, 2022

October 3, 2022

Property, Developments, and Listings on the Westside.*  New Affordable Housing Development Coming To 7th Street* The Director Of Community Services,...

Developer Plans 136 Units of Housing Near Expo-Bundy Station

October 1, 2022

October 1, 2022

By Dolores Quintana  A new development could be on the way near the Metro Expo/Bundy station in the future if...

Community Corp of Santa Monica Holds Ribbon Cutting for Pacific Landing Affordable Housing Development

September 30, 2022

September 30, 2022

Project will bring 37 units of 100 percent affordable housing to Lincoln Boulevard and Pacific Street By Dolores Quintana Community...

Man Charged for Setting Fires Behind Seven Santa Monica Businesses

September 30, 2022

September 30, 2022

John Dean Thomason faces seven counts of arson By Sam Catanzaro A man faces charges for seven counts of arson...

LA Metro Lifts Mask Mandate

September 30, 2022

September 30, 2022

Masking no longer required at LAX as well  By Dolores Quintana As of September 23, Los Angeles County has lifted...