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Editorial: No On Proposition 46 By Stephen Nathanson

As we approach the upcoming November 4th election, we are once again given the privilege to cast our ballots for the many initiatives and candidates presented to us.


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This year, one of the initiatives proposed by California trial lawyers to overturn MICRA (Medical Injury Compensation and Reform Act) is Proposition 46.  As a fellow voter and pediatrician in the local community, I would like to share my professional opinion as to why we should vote “NO” to this initiative.

For those of us that haven’t studied Prop. 46 in great detail, it is actually three different issues, mutually exclusive of one another thrown together by the trial lawyers. It is their hope that by proposing mandatory drug testing of physicians and requirement that physicians and pharmacists consult an underfunded and flawed state database before prescribing certain medications, that these items will be enticing to the public so that we will overlook the actual agenda of the proposition.  Currently in existence is a law passed in the mid 1970’s that placed limits on the amount of non-economic damages that lawyers could obtain in medical lawsuits. The hidden agenda of Prop. 46 is their attempt to overturn this existing law. If successful in overturning MICRA, this would open the door for more frivolous lawsuits the effect of which would increase the cost of healthcare statewide. The best decision is to keep the current law.  Skyrocketing costs would affect us all to the amount of more than several hundred million dollars.  These increased costs would reduce access for patients to physicians and hospitals statewide. State funded programs would be impacted. To offset the added state expenses, the taxpayers would be asked to pay either more money to keep the existing services or reduction of existing services such as education, public safety or transportation.  None of these are good options.

As a pediatrician, I serve the medical needs of many young families in this community who would be greatly affected by rising healthcare costs.  I would not want to see the economic burden placed on their backs unfairly.  It is therefore with the best intentions that I urge the California Voters to vote “NO” on Proposition 46 this November. For more information on this proposition please visit the website.

Stephen Nathanson is a Pediatric M.D. at Facey Medical Group.

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Editorial: No On Proposition 46 By Stephen Nathanson

4 comments

  1. Proposition 46 does not “overturn” MICRA, therefore your whole editorial if flawed.

  2. Sorry, should have said “your whole editoria IS flawed.

  3. With regard to the “cap,” please take note that… even if one believes that the cap is an effective means to keep scumbag lawyers on a leash while still fully compensating victims of hack doctors, the amount which our legislature thought to be the perfect amount was $250,000… in 1975… it is now 2014… inflation has reached us in every area… there should be no reasonable argument against the notion that a dollar is 1975 bought more than it does in 2014. An adjustment for inflation to 2014 values should be acceptable… even for those promoting the cap.

    Another point to make is that MICRA is absolutely discriminatory in its effect… the limit on pain and suffering of $250,000 is very often the limit of the entire case when it comes to the elderly and more often than it should be when it comes to women and minorities… Punitive damages? There are no punitive damages in medical malpractice cases… Lost wages? People over 65 are retired and women and minorities earn less than white males. Medical Costs? People over 65 have MediCare so there is none, and people on MediCal have none either. People, think before you vote. This law hurts the elderly and women and minorities and the poor… the very people who seem to NOT get the best medical care in the first place.

    As a medical malpractice attorney AND physician, I found it difficult to read most of the Internet posts on this topic due to the misinformation, the hatred toward lawyers, the dramatic boo hoo me posts from physicians, and such. It’s really a very simple issue when boiled down. There are of course many great opinions posted, too bad they are often obscured by many over the top replies.

    When I look into talking on a medical malpractice case, I know that physicians are not held to a standard of perfection or even to the standard of being the best or even almost the best in their field… They are held to the standard of care for their community and peers. The California legislature has made the legal procedures and rules for medical malpractice cases different from other areas, and done so with a purpose – that purpose being protection of doctors… and while there are many who see protecting doctors as a bad thing, it is not in and of itself really so… some doctors should be protected while others should not get the extra-legal shield afforded by the law. Physicians provide an extremely valuable services to the public and one that requires an enormous amount of skill and brain power to provide correctly – all in a field which is not black and white science but science and art combined – lives are at stake, opinions vary, advancements in science abound, no two patients are alike, etc. In addition, medical malpractice cases are extremely expensive and difficult to bring (properly, that is… anyone can slam together an unintelligible complaint and pay the filing fee). To make a suit “worth it,” there needs to be significant damages – and damages that would not have occurred otherwise. As a generalized example, a one month delay in treatment, that is just as effective one month later as it would have been earlier is not going to provide significant damages.

    The current law makes bringing frivolous or even low dollar suits economically destructive for an attorney… as it stands now, those of us who know what we are doing will only take the high dollar cases… the hard costs of suit are enormous (as medical experts now regularly charge upwards of $800 an hour for testimony).

    As for people who figure this is someone else’s problem… I hate to remind people that the victims of medical malpractice never thought they would be victims before they were… they were plain old people who trusted doctors and such prior to their “incident” (as defense counsel like to callously call it). Their lives are ruined and they deserve fair compensation… since medical injury cannot be undone, all the courts can offer is money.

    – Paul
    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician
    http://www.888MDJDLAW.com

  4. Prop 46 will make the Dr. slow down and spend more time on the patient. It will hold the Dr. accountable when they’re careless. It will require doctors.to be drug/alcohol tested, ensuring our safety. The days of the 5 minute appointment, tossing out a plethora of prescriptions without proper diagnosis is coming to an end!! The days of marginalizing our loved ones is coming to an END. Finally, this white coat, God like complex and arrogance is coming to an END! I look forward to this becoming a law! * I am a parent who lost his healthy 24 year old daughter, a new mother of just 4 months to a local doctor who carelessly gave her 2 medications that put her to sleep permanently/dead and the opposition wants me to be accepting? Not so much! This health and safety initiative reaches into each of our homes, providing that very necessary added layer of security for our families. For those thinking this is about the attorney’s…..Keep in mind that this is the only door open to you when you seek justice and want to hold a Dr. accountable. The only door!! ~ unless, it falls under MICRA. On the flip side; as soon as Dr’s learn of our loved one’s death, they call legal, circling the wagons while we’re still in shock and bawling uncontrollably. We can expect more and we are going to get it.,,,,,,Yes on 46!

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