California voters will decide on Proposition 46 – The Medical Malpractice Lawsuits Cap and Drug Testing of Doctors initiative – on the November 4th ballot. Prop. 46 is an initiative to reform the 1975 Medical Injury Compensation Reform Act (MICRA), which sets a limit on non-economic recovery, known as pain and suffering, to $250,000. According to the California Medical Association website, MICRA’s enactment had the purpose of “limiting frivolous lawsuits and keeping health care costs lower.” However, since its enactment more than 38 years ago, MICRA has not limited healthcare costs, but instead has severely limited the compensation available to those injured by medical malpractice according to a recent post at lawyersandsettlements.com.
