Proposition 46
By Editorial Board
Nov. 3, 2014 3:13 p.m.
Proposition 46 requires voters to make several important decisions about the future of their medical care and how it will be regulated in one comprehensive ballot measure.
A stronger state prescription database, a higher pain and suffering cap for medical malpractice lawsuits and drug and alcohol testing for certain medical professionals – would lead to greater accountability and safety among medical practitioners in the state of California. But this board endorses a vote of “No” on Proposition 46, because the logistical concerns this proposition raises and potential financial impacts far outweigh its intended benefits.
California currently ties for the lowest medical malpractice lawsuit damages cap in the nation: a maximum of $250,000 for pain and suffering, with additional damages possible to cover the economic effects of injuries caused by medical malpractice.
This cap needs to be raised in the coming years. A higher cap would ensure more legal help for patients who have economically suffered from medical malpractice and hold the medical community accountable for its patient care.
At the same time, the unknown costs of raising the pain and suffering cap to $1.1 million overnight provide reason for skepticism. Costs for medical care facilities in California would increase anywhere from “tens of millions of dollars to several hundred million dollars annually,” according to the Legislative Analyst’s Office.
The proposition also calls for the random drug and alcohol testing of certain physicians. This board does not take issue with state-organized drug and alcohol testing of physicians in the event of medical mistakes or surgical errors, a move that could significantly reduce court costs. With no particular aim and no clear evidence of pervasive drug and alcohol use among doctors, however, randomized tests could prove wasteful due to significant administrative costs.
Proposition 46’s final measure would force providers to check the Controlled Substance Utilization Review and Evaluation System, or CURES, a prescription drug distribution database. The move would curb the efforts of many “doctor shoppers,” or those seeking excessive amounts of prescription drugs, and limit the number of harmful pharmaceutical drugs disbursed. It is one this board approves if the state is willing to ensure all providers in the state are registered as soon as possible.
Proposition 46 aims to implement several measures that would, on the whole, improve the individual doctor’s practice of medicine. Its potentially overwhelming costs, however, indicate the need for more research and planning with respect to malpractice law and drug and alcohol use among physicians.