A new political battle over California's landmark $250,000 cap on pain and suffering damages in medical malpractice lawsuits is revving up, and the issue may go to the state's voters next year.
The fight will once again raise long-standing questions of how best to protect patients against medical negligence and fairly resolve malpractice cases without imposing high costs on providers and the healthcare system in general.
If supporters gather the more than 504,000 required signatures, the Troy and Alana Pack Patient Safety Act of 2014 will go on the ballot in November 2014. If approved by voters, the $250,000 cap on noneconomic damages—passed 38 years ago—would be adjusted for inflation, increasing the limit to about $1.1 million.
Also, physicians would be subject to random drug and alcohol testing, they would have to guard against patients who doctor shop for narcotic prescriptions by checking a database before writing such prescriptions, and they would face mandatory drug testing after an unexpected patient death or serious injury.
The proposed California ballot initiative measure is named after the young son and daughter of Bob and Carmen Pack, who were killed by a driver impaired by prescription drugs. Though the driver went to prison, Bob Pack argued that the physicians who wrote her multiple prescriptions were not held accountable.
The ballot measure paperwork was filed July 25. The state has 45 days to process the request, then supporters will have five months to gather signatures.
In an interview, Bob Pack said a voter referendum is the only way to change the current system to promote patient safety and protect victims' rights because the physicians' lobby has so much sway over lawmakers.