Medical Malpractice Damages Cap May Be Put to a Vote in CA

California voters may soon go to the polls to decide whether pain and suffering damages in medical malpractice cases, currently capped at $250,000, should increase to $1 million. The current cap has been in place since 1975, and proponents of the initiative claim that the increase would bring the recovery amount up to date with inflation. 

The voter initiative is backed by Santa Monica-based Consumer Watchdog and the father of two children killed by a drug-abusing driver. Proponents need petitions with valid signatures from 504,760 registered voters to qualify for the November 2014 election ballot.

The LA Times reported that "[t]he proposal also would require mandatory drug and alcohol testing for doctors and mandatory use by doctors of an electronic database that tracks prescriptions dispensed in California."

Healthcare providers who oppose the proposed ballot measure claim the initiative is only a way for attorneys to make more money from trying these types of cases.  They also argue that it could potential raise medical costs - an effect that would be contrary to the goal of the ACA and current efforts of many organizations to lower the overall cost of health care.