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Requires drug testing of doctors. Requires review of statewide prescription database before prescribing controlled substances. Increases $250,000 pain/suffering cap in medical negligence lawsuits for inflation. Fiscal Impact: State and local government costs from raising the cap on medical malpractice damages ranging from tens of millions to several hundred million dollars annually, offset to some extent by savings from requirements on health care providers.
YES A YES vote on this measure means: The cap on medical malpractice damages for such things as pain and suffering would be increased from $250,000 to $1.1 million and adjusted annually for future inflation. Health care providers would be required to check a statewide prescription drug database before prescribing or dispensing certain drugs to a patient for the first time. Hospitals would be required to test certain physicians for alcohol and drugs.
NO A NO vote on this measure means: The cap on medical malpractice damages for such things as pain and suffering would remain at $250,000 and not be subject to annual inflation adjustments. Health care providers would not be required to check a statewide prescription database before prescribing or dispensing drugs. Hospitals would not be required to test physicians for alcohol and drugs.
PRO 46 saves lives. It prevents substance abuse by doctors and patients and holds negligent doctors accountable. Estimates show 18% of health professionals have an abuse problem in their lifetimes. Medical negligence is this country's third largest cause of death. Prescription drug overdoses are epidemic. A cure is overdue. Vote Yes.
CON Trial lawyers wrote Prop. 46 to make millions from medical malpractice lawsuits. We will pay, and could lose our trusted doctors—as many doctors and specialists are forced to leave California, moving to states with more affordable medical-liability insurance. Protect your wallet and access to healthcare. No on 46.