Activists Call for California Medical Malpractice Reform

Former patients and their families are attempting to place a measure on the November ballot that would revise a 1975 law that places caps on non-economic damages in California medical malpractice cases. The Troy and Alana Pack Patient Safety Act would raise the limit on damages due to pain and suffering in medical malpractice cases from $250,000, established in 1975, to $1.1 million as an adjustment for nearly 40 years of inflation. While victims of medical malpractice campaign to have the act placed on state ballots this November, medical professionals have voiced strong opposition.

History of California Medical Malpractice Caps

During the early 1970s, California medical malpractice lawsuits were on the rise. Insurance companies raised their premiums for medical malpractice insurance, which forced many medical professionals to choose between quitting the profession or leaving the state. In 1975, Governor Jerry Brown signed into law a $250,000 limit on attorney’s fees and non-economic damages on medical malpractice claims. When the law took effect, the state saw a significant decrease in the number of California medical malpractice lawsuits, but not necessarily an increase in the quality of care.

Drug Abuse and California Medical Malpractice

Another aspect of the Pack Act involves examining the relationship between drug abuse in the medical community and California medical malpractice cases. Estimates from the California Medical Board show that nearly one-fifth of doctors suffer from drug or alcohol abuse during their careers. If voters approve the measure in November, it would make California the first state to require doctors to undergo random drug and alcohol tests. The measure proposes a drug testing regimen similar to those administered to airline pilots and requires that doctors report any colleague they believe is under the influence of drugs or alcohol.

Opposition to California Medical Malpractice Reform

Medical professionals, insurance agencies and their armies of attorneys stand ready to oppose any moves to reform California medical malpractice laws. Dr. Richard Thorp, president of the California Medical Association, stated that the reform measure was written ” to benefit trial lawyers, but it will increase health care costs, reduce access and put personal privacy at risk for everyone else.” He called the measure’s drug testing provisions the “ultimate sweetener” and stated that the provisions were included only because they “polled well” among potential voters.

Big Fight Expected Over California Medical Malpractice Caps

Bob Pack, one of the leaders of the California medical malpractice reform movement, lost his children more than a decade ago. A driver under the influence of alcohol and prescription pain medication drove over the sidewalk and collided with his ten-year-old son Troy and his seven-year-old daughter Alana. Investigators found that the driver had been “doctor shopping” and obtained thousands of pain pills, while the doctors did not consult with each other on the number of prescriptions for the same patient. Pack’s question to California voters is, “Is $250,000 fair compensation for the death of a child or loved one?”

Source: Al-Jazeera America

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