A ballot measure that would have quadrupled the cap on noneconomic damages for medical and dental malpractice to $1.1 million was soundly defeated by California voters yesterday by a final margin of 32.9% for the ballot measure and 67.1% against, according to the California Secretary of State's website.
California Dental Association President James Stephens, DDS, commented to DrBicuspid.com that his organization was pleased with the result.
"The California Dental Association is pleased that California voters overwhelmingly rejected Proposition 46, which threatened the healthcare system and patients' access to care. The Medical Injury Compensation Reform Act reduces incentives by trial lawyers to file meritless lawsuits that drive up healthcare costs, and voters clearly saw the initiative as an attempt by trial lawyers to pad their pockets."
In 1975, the California Legislature passed the Medical Injury Compensation Reform Act (MICRA). The act places a $250,000 cap on speculative, noneconomic damage awards and is credited with stabilizing the malpractice insurance costs California dentists and other healthcare practitioners face.
Under MICRA, dentists and other healthcare providers are protected from extreme liability exposure. Proposition 46 sought to win approval to quadruple MICRA's cap on noneconomic damages to $1.1 million. The ballot measure would also have required all healthcare prescribers in California to check a patient's prescription history with the state's Controlled Substance Utilization Review and Evaluation System (CURES) before prescribing schedule 2 and 3 substances.
