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Prop 46

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Submitted By adj823
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Proposition 46: Drug and Alcohol Testing of Doctors; Medical Negligence Lawsuits. If passed, this proposition would increase the state’s cap in medical negligence lawsuits from the current cap of $250,000 to over $1 million (including annual adjustment against inflation going forward). Additionally, it requires hospital physicians to be randomly drug tested and if tested positive, be reported to the California Medical Board for mandated discipline. Lastly, it would require that health care practitioners check a prescription drug history database before prescribing certain medications. The major supporters of prop 46 are trial lawyers, if passed they would be able to receive a higher award amount for their client and in turn receive and higher payout from their client. The major opponents of Prop 46 are healthcare workers and their malpractice insurance companies. If passed the health care workers may see their malpractice insurance cost rise and the insurance companies would have to pay out a significant amount more than what they are currently capped at. If malpractice insurance rises, health care provider’s prices for services will also rise. Prop 46 has good ideas but due to the possible increase in taxes and health care cost, voters will not approve prop 46 this election year.

Supporters of prop 46 believe that it will save lives. The Legislature set the cap at $250,000 for pain and suffering malpractice claims in 1975 and never adjusted it for inflation. With the cap rising to over $1 million if passed, supporters believe doctors will have no choice but to be less negligent because they do not want a high price malpractice lawsuit against them or their employer. Supporters also believe prop 46 will support the fight against prescription drug abuse. It would make it mandatory for doctors to check a prescription drug history database before issuing certain medications. Advocates of Prop 46 also promote that it will decrease the percentages of doctors who are impaired while at work, including during operating procedures. It calls for random drug and alcohol testing of doctors using the same federal testing program that works for pilots and if tested positive the doctors would be suspended and would face disciplinary action. Supporters believe that doctors need to be held much more accountable then they are now and prop 46 is the answer.
Opponents of prop 46 believe that the main goal is not to save lives but to increase the amount of money trial lawyers may receive when taking on a malpractice lawsuit. The drug/alcohol testing and the mandatory prescription drug database check is only on the initiative to distract from its main purpose; money. If passed, it would quadruple the limit on medical malpractice awards in California and adversaries believe it will cost tax payers hundreds of millions of dollars each year. The State and local governments pay a substantial amount of health care and this will only increase the overall cost due to the fact that higher direct medical malpractice costs are generally passed along to purchasers of health care services, such as governments. Also, if prop 46 is passed, many doctors and other health professionals may move to states with lower malpractice insurance rates or give up their practice, which will cause many Californians to lose their doctors.
The bottom line is whether California voters are willing to pay more out of their own pocket (higher taxes and higher insurance rates) for a higher cap on malpractice lawsuits, the ability to drug test their healthcare providers and support the battle against prescription drug abuse. The Field Poll conducted a survey related to ballot initiatives between June 26, 2014 and July 19, 2014. They found that about 58 percent of total registered voters supported Prop 46. But the Field Poll’s August 14 through August 28, 2014 poll, showed a sharp drop (38%) in support. This may have something to do with how Prop 46 is titled. The full title is Proposition 46 – Drug and Alcohol Testing of Doctors; Medical Negligence. The way it is worded seems like the main focus is testing doctors for drugs and alcohol. But that is only a portion of the proposition. My research concluded that lawyers are the main supporters behind this initiative. As of 9/24/2014, Consumer Attorneys of California are the number 1 sponsor of this initiative. They have given the most funds in support of prop 46 and have sponsored 3 different proposals to try and increase the current malpractice cap, which all have failed. I believe once voters did their own research and found out that there was much more besides drug testing doctors, including a possible increase in taxes and health care cost, their support weakened. The idea of drug testing doctors is a reasonable. The mandatory check of drugs being prescribed to support the fight against prescription drug abuse makes sense. But if that means it will cost the state and Californian’s hundreds of millions of dollars, it might be an issue. I believe prop 46 will be voted down in the November, 2014 election. But if a similar proposition comes up in the future minus the malpractice portion, I believe there would be a strong chance that it would pass. People would like the comfort in knowing that their doctor is not impaired while performing surgery on them. Most people would also agree that keeping track of who is receiving prescription medicine would help fight the prescription drug abuse dilemma in California. Prop 46 offers some great ideas but it will need some tweaking before it would ever be approved.

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