California’s Proposition 46 Aims to Raise Historic Damages Cap

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Over $66 million has been raised in the pro-Proposition 46 campaign, which would raise the cap on pain and suffering damages in California to $1.1 million. The current cap is set at $250,000, a limit the state of California established in 1975 that set the precedent for damage caps in the rest of the United States.

According to an ABC News article by Judy Lin, trial lawyers and other patient advocates want the damage cap increase because it deters lawyers from taking the cases of victims of medical negligence. Opposition (doctors, hospitals, and medical liability insurers) argue that raising the damages cap would not only increase the cost of practicing medicine, but drive medical professionals out of state, limiting access to health care for California residents (Lin, 2014).

The ballot is up for vote November 4, 2014. For more on this story, click here.