This November, voters will decide whether to pass a ballot measure which will increase the amount of pain and suffering awards for medical malpractice lawsuits in the state of California. This patient safety initiative has three main parts being considered for the ballot, and will work to check negligent doctors.

The first part will increase California’s cap on the amount of money awarded in lawsuits to patients who have suffered damages due to medical negligence from $250,000 to $1.1 million, with room for indexing for future inflation rates. Over the past few decades, medical treatment prices have soared, making a $250,000 cap on awards from medical malpractice lawsuits unrealistic, and leaving sufferers with barely anything to help them with medical costs, not incurred by their own fault.

The second part will require all physicians to undergo random drug and alcohol testing, with results being reported to the California Medical Board. Additional tests will be given after possible events of medical negligence, or if the physician is suspected of using drugs and alcohol on the clock. This part will make sure that doctors are in full possession of their mental faculties when performing a medical procedure, and could prevent medical errors. Although it will raise the cost of medical malpractice insurance for hospitals, it will save them even more money in lawsuits due to doctor negligence.

The third part would require doctors to check a statewide database before filling out prescriptions for certain drugs in an effort to prevent prescription drug abuse. This part is referred to as the Troy and Alana Pack Patient Safety Act of 2014, after two children died as a result of a car accident caused by a driver who was abusing prescription drugs. It will reduce the access of certain prescription medications to addicts who make a habit of hopping from doctor to doctor to get as much of the drugs as possible.

To help this ballet, say yes on Prop 46 and visit this site:

If you have questions, Hodes Milman can provide you with the assistance you need. Contact us today online at or call (949) 640-8222 for a complimentary case evaluation.


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