May 6, 2021 Breaking News, Latest News, and Videos

Election 2014: Voters To Decide On Prop 46 – Medical Malpractice Lawsuits:

Proposition 46 on today’s ballot would raise the limit on pain and suffering damages in medical malpractice lawsuits, require random drug and alcohol testing of doctors, and mandate health care practitioners consult the state prescription drug history database before prescribing certain controlled substances.

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

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

The initiative was authored by technology executive Bob Pack 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.

If approved by voters, the measure dubbed by backers the “Troy and Alana Pack Patient Safety Act” would adjust 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 is conducting the campaign on behalf of Proposition 46.

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

Proposition 46 also requires 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 also require 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 result 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 contains 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 Health
Related Posts

Motherly Mindfulness in a Pandemic

April 8, 2021

April 8, 2021

This last year has been a whirlwind for everyone, and if you’re a mother, chances are it has redefined your...

Beverly Hill’s Latest Craze is The “Busso” Experience

March 30, 2021

March 30, 2021

Dr. Mariano Busso, one of the world’s leading experts in cosmetic fillers and facial rejuvenation, has opened up additional appointment times...

The Pandemic of 2020: Lessons Learned

March 9, 2021

March 9, 2021

The 2020 pandemic took the country by surprise. Many people lost their small businesses, income, and quality of life. However,...

The Best Ways for Women to Get and Stay Healthy

March 1, 2021

March 1, 2021

We all want to live our happiest and healthiest lives, but it is very easy to get overwhelmed with information....

4 Tips on How to Succeed in Life

February 26, 2021

February 26, 2021

We all want to be successful in our lives, in our careers, and in our passions but sometimes we do...

3 Ways to Restore Self Esteem and Embrace a Healthy Lifestyle in 2021

February 25, 2021

February 25, 2021

Every year we start filled with resolutions, hope, and determination. We know that after the year we’ve just had, 2021...

Gift Ideas for Loved Ones Living Alone

February 22, 2021

February 22, 2021

Everyone needs to be cheered up once in a while. This can be especially true of someone who lives alone....

A Renewed Focus on Living

February 21, 2021

February 21, 2021

The pandemic caused turmoil for many Americans, emotionally and financially. With 2020 now in the rear-view mirror, people are using...

Don’t Make These 3 Fitness Mistakes

February 20, 2021

February 20, 2021

The great thing about the internet is that we now have access to a plethora of fitness content then ever...

5 Promising Medical Breakthroughs On The Horizon

February 3, 2021

February 3, 2021

Although we’re in a worldwide pandemic, many of us are still enjoying the comfort and convenience of being cared for...

Santa Monica Pier Closed for Five Days in a Row

January 13, 2021

January 13, 2021

City cites warm weather forecasted for Santa Monica By Sam Catanzaro With temperatures reaching the 80s expected, city officials are...

Do You Make These 3 New Year Resolution Mistakes?

January 4, 2021

January 4, 2021

Every new year, you feel a ray of hope. Perhaps this year, you can start your life all over again,...

Activities to do with your children during COVID-19

January 4, 2021

January 4, 2021

Typically, living in LA means eating out, art museums, and playgrounds– all things children love. With numbers of COVID-19 cases...

PIQUE Health Not Your Average Medical Practice

December 7, 2020

December 7, 2020

PIQUE Health is the very first comprehensive mens health center in Beverly Hills. With highly personalized treatment plans that fit...

Helping Older Loved Ones Pick a Retirement Home

December 3, 2020

December 3, 2020

There comes a time when a loved one needs some help to stay safe, which is when a retirement home...