“No family should suffer because a doctor recklessly prescribes pills to an addict, is a substance abuser, or commits repeated acts of medical negligence” – Robert Pack, medical malpractice advocate
In a vital step forward for patient safety in California, the Troy and Alana Pack Patient Safety Act (Pack Act) initiative qualified for California’s November election ballot. Proponent Robert Pack is the driving force behind changing the state’s Medical Injury Compensation Reform Act (MICRA). Established in 1975, MICRA caps medical malpractice damages on pain and suffering at $250,000. The Pack Act seeks to adjust for inflation the limit on pain and suffering damages to $1.1 million. The current $250,000 cap is grossly outdated, due to inflation, and inadequate in covering the cost of doctor and hospital negligence.
5 Reasons Troy and Alana Pack Patient Safety Act Fights Medical Malpractice
According to Senator Barbara Boxer’s report Medical errors: A report by the staff of U.S. Senator Barbara Boxer statistics show that “between 210,000 and 440,000 Americans die each year as a result of medical errors and other preventable harm at hospitals.” With so many yearly incidents of medical malpractice and negligence by doctors and hospitals leading to critical injury or death, a number of reasons exist for California voters to support the Pack Act:
- Drug Testing: physicians would be subject to mandatory random drug testing to ensure accountability to professional standards
- Alcohol Testing: mandatory, random alcohol testing for doctors to help ensure accountability to professional standards
- Drug Database: physicians would be required to check the California state prescription drug database before prescribing painkillers to new patients
- Inflation: 1975 MICRA medical malpractice limits of $250,000.00 do not adequately protect patients and their families, rationally reflect the current cost of medical care, damage to the quality of a person’s life and the death of a loved one, or act as an incentive for medical providers to improve the quality of care
- Inflationary Protection: the Pack Act would index the new cap ($1.1M) to future inflation rates providing inflationary protection.
Medical Malpractice Law in California
In the November election, California voters have the opportunity to raise the outdated medical malpractice caps, hold physicians and hospitals accountable for their errors, and force doctors and hospitals to adhere to safety guidelines through testing and research. For more information on medical malpractice and your rights, please contact Gwilliam, Ivary, Chiosso, Cavalli, & Brewer partners Gary Gwilliam ggwilliam@giccb.com and Steven Brewer sbrewer@giccb.com (866) 675.1929.
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