Californians to Vote on Medical Malpractice Proposition

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We keep current with what is happening in all 50 states with regard to changes in the law as it pertains to malpractice cases, and currently California is considering such a revision. The Los Angeles Times reports on Proposition 46, an issue that voters will decide in the November election:

By Melanie Mason – Voter support appears to be soft for a November ballot measure that is the subject of a heated and potentially costly battle between the lawyers who back it and the doctors and insurers who oppose it, according to new USC Dornsife/Los Angeles Times poll.

The measure, Proposition 46, would increase California’s limits on pain and suffering awards in medical malpractice lawsuits, and it would require drug testing of physicians. Its fate could hang on the strength of the rival campaigns, the survey suggests.

The lawyers tout the proposal as a patient safety initiative that would rein in negligent and impaired doctors. Physician groups and insurance companies cast the plan as a money-grab by attorneys that would raise healthcare costs.

Among likely voters, 61% favored the measure, or leaned in that direction; 29% were opposed. But that approval slid to 47% when respondents were told of high potential costs to the state — as well as possible savings — and opposition rose to 39%. Backing eroded further when those surveyed heard both sides’ main campaign arguments. Support fell to 37%, with 50% opposed.

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