News Headlines Article

Poorly crafted state Proposition 46 puts doctors on defense
San Francisco Chronicle

The lawyers who put together and funded Proposition 46 might have been too clever for their own good. The main motivation for the measure is inescapably clear: to raise the ceiling on “noneconomic damages” in medical malpractice lawsuits — in plain language, “pain and suffering” — from $250,000 to $1.1 million. That cap was set in 1975, and has not been adjusted for inflation. A very credible case could be made that it’s now so low that it makes it difficult for certain victims to seek redress in court.