Prop 46 misleading

Published: Friday, Aug. 22, 2014 - 9:08 am
Last Modified: Wednesday, Aug. 27, 2014 - 11:46 am

Re "Groups spar over bid to drug-test physicians" (Page A1, Aug. 22): This excellent article pointed out the real goal behind Proposition 46: to increase the dollar limit (cap) on MICRA. However, it did not explain that the cap is only on general damages, like pain and suffering, which cannot be measured and are arbitrary. Medical malpractice awards for medical expenses and loss of wages are limitless.

When the law was initially negotiated in 1975, the fact that general damages would not be indexed in any way was realized by the trial lawyers and agreed to. It is misleading to give the impression that the total sum recoverable is capped. That is precisely what the trial lawyers want.

Drug testing of physicians is an issue that should be dealt with separately.

-- James A. Affleck, M.D., Gold River

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