A Danville couple whose two children were killed by a drugged driver in 2003 submitted 840,000 signatures Monday to qualify a measure for November’s ballot that would raise California’s decades-old limit on medical-negligence awards and force doctors to check a statewide database before prescribing narcotic drugs.
Bob and Carmen Pack, and the attorneys’ groups backing them, needed to gather 504,760 valid signatures from registered voters by today in order to get the measure on the ballot.
“The Troy and Alana Pack Patient Safety Act will save lives and prevent families across California from having to endure the tragedies ours have by creating accountability and transparency in medical care,” Bob Pack said in a news release. “Voters should have the right to enact the patient safety protections the legislature has denied them for decades, including protections from drug abusing, drug dealing, and dangerous doctors.”
The measure would index for inflation the state’s cap on malpractice recovery – now fixed at $250,000 – for those without wage loss or medical bills. The Packs were entitled to recover only this $250,000 limit for each of their children’s lives; they note that $250,000 in 1975, when the cap was enacted as part of the Medical Injury Compensation Reform Act (MICRA), would be worth only about $58,000 today. Adjusted for inflation, the cap would now be around $1.1 million.
The measure also would require random drug testing of doctors to prevent physician substance abuse, and require that doctors use the state’s existing prescription drug database to weed out doctor-shopping drug abusers like the one who killed the Packs’ kids.
Medical organizations oppose the measure.
“A ballot measure that is certain to generate more medical lawsuits and drive up costs for every health consumer in California is the worst possible idea at the worst possible time,” California Medical Association President Dr. Richard Thorp said in a news release Monday. “This initiative is bad for patients, bad for taxpayers and bad for California’s entire system of health care delivery.”
Opponents note California’s independent Legislative Analyst found the measure could increase state and local government health costs by hundreds of millions of dollars per year. “If this measure passes, it will cost taxpayers, health consumers and local governments across our state a significant amount of money,” said Central Valley Health Network CEO Cathy Frey.