What Proposition 46's Failure Means

#Proposition46 did not pass, and now it's back to the unfair treatment of medical malpractice victims and their families. Unfortunately, the medical malpractice insurers spent an overwhelming amount of money on false and misleading advertising that worked to dupe the California voters.

For now, the $250,000.00 limit on pain and suffering (general) damages will remain and many malpractice cases simply cannot be cost-effectively pursued.  A complex malpractice case can require multiple expert witnesses, each costing thousands of dollars for the services they provide before trial.  At least for the foreseeable future, many malpractice victims and their families will have a difficult time finding an experienced lawyer willing to take on their case.  Consequently, many careless doctors will not have to own up to their responsibility, and they will continue to practice at an unacceptably low level.

Aside from the damages cap, unlike other service providers whose performance can effect lives, physicians do not have to undergo drug and alcohol testing.  Logically, how can it be justified to test truck drivers (who can cause an accident while impaired) and not doctors, whose errors are already the third leading cause of death in this country?