This is in response to the Sept. 1 Perspective “Prop. 46 fails to heal ills in health sector.”
Unfortunately, this editorial fails to convince because, rather than illuminating the issues, it obfuscates them. While agreeing about the unfairness of medical malpractice laws, it still advocates not voting for Proposition 46, which would overturn them.
The big concern seems to be the injustice of forcing doctors to take drug tests. What is wrong with random drug tests for physicians and forcing the medical board to take disciplinary action if a doctor “tests dirty”? Why then do we have such a board? Instead, the editorial states that it’s the duty of other doctors and nurses to report “drug-addled” doctors. Why should other medical personnel even have that responsibility, and how would they necessarily recognize drug impairment except in extreme cases?
The most important component of Prop. 46 is the unjust medical malpractice laws, which limits liability on “pain and suffering” to $250,000. With current medical malpractice cases amounting to well over that amount, few attorneys will take on these “pain and suffering” cases.
In order to better understand the issues presented by Prop. 46, please check out the Consumer Watchdog website.