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Medical Malpractice Blog Post

California Doctors May Now Face Drug Tests as Part of New Malpractice Initiative

Professional athletes, pilots, air traffic controllers and police officers are among the many workers who undergo regular drug tests. A new California medical malpractice initiative would contain a provision that would standardize drug testing for doctors as well.

This provision would make California the first state to require doctors to take random drug and alcohol tests. It’s just one part of a larger proposal (known as Proposition 46) that will appear on California ballots this November. The new initiative includes a raise in the limit to financial rewards in medical malpractice cases up to $1.1 million from a paltry $250,000.

Doctors, hospitals, medical insurance providers and other health care professionals across the country have already rallied hard to defeat the proposal, and have raised more than $35 million to fight against it. The lawyers who are proponents of the initiative say they are unable to match the amounts of money raised by its opponents, but have put together a video marketing campaign online to help raise awareness of the cause and garner support for it.

Proposition 46 has been watched nationally by lawyers and doctors alike, and could have an impact on the way other states amend their medical malpractice laws. The proposition drew a lot of early support, but with the amount of energy being expended by its opponents to defeat it, it could be a hotly contested vote in November.

Whether you have suffered from medical malpractice or not, it is in the general public’s best interest to approve the proposition. People who suffer injuries or illnesses as a result of doctor negligence deserve more than they’re currently getting in settlements. And given the fact that doctors are consistently putting patients’ lives in their hands, they should be subject to the same types of testing that other professionals are.

For more information about this initiative or to get more information about California medical malpractice law, consult an experienced San Diego medical malpractice attorney at Thorsnes, Bartolotta, McGuire.

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Thorsnes Bartolotta McGuire
2550 Fifth Avenue, 11th Floor
San Diego, California, 92103-6612 USA