California Initiative to Raise Medical Malpractice Cap Qualifies for Ballot

A California voter initiative to raise the pain-and-suffering damages cap in medical malpractice cases from $250,000 to $1.1 million has qualified for the November ballot, according to a Los Angeles Times report.

Along with raising the medical malpractice liability cap, the initiative would subject physicians to random drug and alcohol testing and require them to check a statewide database before prescribing certain narcotics in an effort to curb drug abuse.

Consumer groups, including Consumer Attorneys of California and Consumer Watchdog, have rallied behind the initiative. "We need to update the law so that victims of medical negligence have access to justice, and dangerous and impaired physicians are deterred," said Jamie Court, president of Consumer Watchdog, in the report. 

California physicians have strongly opposed the initiative. They believe raising the damages cap with lead to a sharp increase in the cost of healthcare within the state due to higher damages awards and more medical malpractice cases being filed, according to the report.

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