Medical journals and healthcare publications may soon notice more readers taking deep research dives into their archives looking for old studies, reports and articles on defensive medicine. That's because California's landmark 1975 Medical Injury Compensation Reform Act—which limits pain and suffering damages in medical malpractice lawsuits to $250,000—is coming under fire from two fronts.
The Consumer Watchdog organization and “medical negligence survivors” are working to get the Troy and Alana Pack Patient Safety Act, a ballot initiative, on the November ballot. Named after the children killed in a 2003 accident, the measure would require hospitals to subject physicians to random drug and alcohol testing, require mandatory testing after an unexpected death or serious injury, and adjust the $250,000 cap for inflation. That would raise the cap to $1.1 million. It needs to get about 750,000 signatures to get on the ballot.
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