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Proposition 46 Fails in California, Medical Malpractice Damages Cap Remains the Same


California Proposition 46 failed in the November 4, 2014 election, preventing the damages cap for medical malpractice lawsuits from increasing.

In 1975, the cap on verdicts and settlements for medical malpractice lawsuits in California was set at $250,000. Proposition 46 meant to increase that cap to about $1.1 million to match the rate of inflation over the past 39 years.

Other reforms the proposition would have brought about include the following:

  • Hospitals would have been required to conduct random alcohol and drug tests on physicians
  • Doctors would have been tested for drugs and alcohol after making certain medical mistakes, or after causing the death or serious disability of a patient
  • Physicians found to be impaired would be subject to disciplinary action, including the possible suspension of their licenses
  • Doctors would be required to check a state database of patients’ prescriptions in an effort to prevent drug abuse

While the damages cap has not been increased and physicians are not required to subject to drug or alcohol tests, victims of medical malpractice still deserve to receive the highest possible amount of compensation. Dr. Michael M. Wilson—who is also a physician—is dedicated to winning fair settlements and verdicts for victims of medical malpractice. Located in Washington, DC, his firm has won more than $78 million for clients over the years. Contact the firm today at (202) 223-4488.

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