Proposition 46: Medical Malpractice Lawsuits Cap and Drug Testing of Doctors

California Proposition 46, the Medical Malpractice Lawsuits Cap and Drug Testing of Doctors Initiative, is on the November 4, 2014 ballot in California as an initiated state statute. The initiative was certified on May 15, 2014 by the California Secretary of State.

If approved by voters, the initiative will:

• Increase the state's cap on damages that can be assessed in medical negligence lawsuits to over $1 million from the current cap of $250,000.
• Require drug and alcohol testing of doctors and reporting of positive tests to the California Medical Board.
• Require the California Medical Board to suspend doctors pending investigation of positive tests and take disciplinary action if the doctor was found impaired while on duty.
• Require health care practitioners to report any doctor suspected of drug or alcohol impairment or medical negligence.
• Require health care practitioners to consult state prescription drug history database before prescribing certain controlled substances.

Supporters of the initiative refer to it as the Troy and Alana Pack Patient Safety Act of 2014, after two children who were killed by a driver under the influence of abused prescription drugs. According to a study published in the Journal of Patient Safety, medical negligence is the third leading cause of death in the country behind only heart disease and cancer. As many as 440,000 people die each year from preventable medical negligence. Additionally, the California Medical Board estimates that almost one-in-five doctors (18%) suffer from drug and/or alcohol abuse at some point during their careers – and leading medical safety experts have called for random drug testing to curb substance abuse and ensure patient safety. The Journal of the American Medical Association found that doctors are the biggest suppliers for chronic prescription drug abusers, and called for the mandatory usage of state prescription drug databases while a 2012 Los Angeles Times investigation found that drugs prescribed by doctors caused or contributed to nearly half of recent prescription overdose deaths in Southern California.

In order to prevent another death at the hands of drug abuse, especially by medical professionals in the field, please support this initiative as it will keep those accountable and will provide due process for the lives that could be lost as a result of these negligent actions.

Read more about the Medical Malpractice bill by visiting: http://ballotpedia.org/California_Proposition_46,_Medical_Malpractice_Lawsuits_Cap_and_Drug_Testing_of_Doctors_(2014)