One of the most contentious battles in the November election is over Proposition 46, an initiative to raise the cap for pain and suffering damages in medical malpractice lawsuits and require drug and alcohol testing for doctors. The high-stakes, big-money campaign has pitted insurance companies and medical care providers against consumer advocates and personal injury lawyers – the latest front in a decades-old fight.
Proponents of the measure are hoping the drug screening mandate will compel voters to more than quadruple the damages limit to $1.1 million, which would be the first adjustment to medical injury compensation in 39 years. But polling shows that support has plummeted in recent months and its fate is highly uncertain.
As part of a state law that requires the Legislature to hold public hearings on ballot measures, the Senate and Assembly judiciary, business and health committees will conduct a hearing on Proposition 46 at 1:30 pm. in Room 4202 of the Capitol. Supporters and opponents of the measure will testify, as will as a nonpartisan representative of the Legislative Analyst’s Office.