California Medical Malpractice Damages Initiative Gets One Step Closer to the Ballot

Consumer Watchdog and bereaved parents who lost two children to medical negligence have turned in 840,000 signatures to get an initiative on California's November ballot  that would raise the $250,000 state cap on noneconomic damages to more than $1 million.

While the proposed legislation would lift the state's pain and suffering damages cap, proponents say their primary goal is to improve patient safety, according to a Sacramento Business Journal report.   

The measure is named the Troy and Alana Pack Patient Safety Act after two children who were run down and killed in 2003 by a woman who was drunk and high on prescription drugs, according to the report.

Along with raising the damages cap, the proposed legislation would also place additional requirements on physicians regarding the reporting of prescription drug abuse among patients and colleagues.

Physicians and insurance companies are fighting the initiative, saying the drug abuse provisions were added by trial lawyers simply to entice voters to approve a measure whose real purpose is to fatten payouts in lawsuits, according to the report.

More Articles on Medical Malpractice Caps:

Florida Supreme Court Rules Malpractice Damage Cap Unconstitutional
California Plaintiffs' Bar Sets Sights on Lifting Medical Malpractice Cap 
Missouri Passes $350k Cap on Malpractice Awards 

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