I am hoping that if you are voting in the upcoming election, you vote NO on prop 46. The reason, is that yes, on the surface it appears to be a drug testing requirement for physicians, however, the true underbelly of the proposition is to eliminate the MICRA cap on medical malpractice claims. The current cap is $250,000 and if prop 46 passes, the new liability potential goes to 1 million dollars.
Now, to any non-physician, that may seem like a fair deal, to lift the cap, but really one must look at the consequences of this. First consequence, the cost of liability insurance for physicians will also increase, putting a strain on providers in small clinics and outpatient programs.
Next, look at the reasons the cap was originally in place. It was appropriate then, and is still appropriate now.
Finally, any clinician providing care to a patient, only has a cap of $250,000 liability, but this changes for EVERYONE if the patient is a senior citizen, due to the Elder Abuse laws. If any negligence occurs on a senior, the liability is automatically increased to $1 million... so the cap of $250k doesn't apply here anyway.
Please vote NO on prop 46, and send a letter or note to your congressman and state representative, as well as your local council members and government reps, that we love the idea of drug testing for docs, but not when it is combined with a removal of the liability cap.