Statement from author of Proposition 46

[SoapBox]

Statement by Bob Pack, Author of Proposition 46
November 5, 2014

DANVILLE, CA – Bob Pack, the author of Proposition 46 who lost his two children Troy and Alana due to medical negligence, released the following statement:

“This was a battle worth fighting. But the battle doesn’t stop here.

We’ve opened the eyes of all Californians about patient safety.

We opened eyes about prescription drug abuse, about doctors suffering from substance abuse and about the injustice of medical malpractice.

Prop 46 would have helped tremendously. It would have saved lives. But it faced deep-pocketed opposition from the insurance industry. At least in this election, insurance industry profits trumped patient safety.

Now, we have more work to do. We live in a nation where preventable medical errors are the third leading cause of death – 440,000 each year. That’s just plain wrong and needs to change.

Our coalition will continue to press for changes to end that cycle of preventable death, to put a dent in prescription drug abuse, ensure our doctors aren’t operating under the influence and give malpractice victims a better shot at justice.

To the victims of medical negligence and their families, I am grateful that our paths have crossed and I’m honored to have campaigned alongside you: some of the bravest and most passionate people I have ever met. I commend all of you for standing with me before California voters to tell your stories. I know from personal experience that it can be tough to share your story of loss with strangers day after day. For us, this fight has been both emotional and personal.

You have debated, knocked on doors, shared your stories, spoken at events, made phone calls, written emails, educated your networks on social media, engaged your communities, and supported one another along the way. All of your efforts have gotten us one step closer to improving patient safety and one step closer to access to justice.

Our fight does not end here. Each and every one of you has acted courageously to harness your strength and share your message with the world. You have stood up against powerful industries and given them a run for their money. I urge you to keep fighting, because so many families have been denied justice.

Carmen and I will continue to work to make California’s patients safer. We hope you will join us. Keep fighting for patient safety. Keep fighting for justice. Take what we have built together and carry it forward.

From our family to yours, we wish you all the best.

This battle is not over.”

https://www.yeson46.org/

[CaliforniaPeggy]

1. I'm sorry that proprosition lost; I did vote for it.

I hope they will try again.

[BlueCaliDem]

6. If at first you don't succeed...

I know they won't stop. I voted YES on Prop 45 and 46, and I will continue to vote for propositions that protect ordinary Californians from greedy, for-profit corporations and so-called professionals.

It was disheartening to discover that those vitally important Props that protect ordinary CA's have gone down this time, but the battle isn't over.

[SunSeeker]

2. I voted for it, but knew it would go down with all the attack ads maligning it.

The insurance industry bought that result.

[SoapBox]

3. The quantity of no ads for 45 and 46 was a shock to me.

Every place I looked...TV, radio (well listened), print and even banner ads here on DU were no on those props.

A flunky in one of my Mom's doctor's offices last month started some mini rant about how doctors would just REFUSE to take drug tests if the bill passed. They also run FuksNews in their lobby...I hate that place.

[busterbrown]

4. Shock?? Mild Reaction..It was mind blowing..

To the point that our deep Blue State voted last night to allow Health Insurance Companies to police themselves when it comes to rate increases rather than forcing them to get approval from our freaking Insurance Commissioner..Are you kidding me? Yep..Almost impossible to believe.

[JoeJustice46]

5. Malpractice Injustice Continues in California

Once again proposition results were for sale to the highest bidder. Malpractice insurance companies spent tens of millions of dollars in deceptive advertisements to defeat Prop 46 and it's measures which clearly were in the safety and justice interests of the public.

Californian families will continue to be denied a malpractice attorney in any wrongful death malpractice case of a non-working family member(children, retirees, ect) due to the 1975 MICRA law which limited the non-economic damage cap to $250K without any inflation adjustment. MICRA also limited how much of any award can be paid to the malpractice attorney: about 30% or about $75K of any maximum $250K award. Attorneys will continue to decline these case because of this and high litigation costs.

California malpractice insurance companies profit nearly 70 cents on every dollar collected in malpractice premiums. Twenty two other states do not have a non-economic damage cap and medical insurance rates are not any higher nor are there physician shortages in those states.

The unjust MICRA law and lack of testing doctors for drugs and alcohol will continue to effect healthcare safety for all Californians. When there isn't accountability there isn't a deterrent to avoid repeating negligence.

Americans have by far the most costly and inefficient health care system in the world. We are over treated with prescription drugs and procedures for the sake of maximizing profits. Americans are prescribed twice the drugs as Europeans and we are not any healthier because of it.

Hundreds of thousands of Americans die yearly as the result of preventable medical negligence. Common hospital malpractice errors include: incorrect medication/dosage, surgical mistakes, preventable infections, diagnosis failures, birth delivery mistakes, anesthesia errors and under or over treatment.

Please support future legislation and propositions to protect the patient safety of all Californians.