A few weeks ago, we wrote a blog post about a specific proposition in the state of California which would have forced doctors to have intoxication screenings, while also increasing the amount of money that a person could obtain through a medical malpractice lawsuit. Though it doesn’t have anything to do with New Jersey law, the proposal — called Proposition 46 — was an important litmus test for the medical field to see if such radical (but necessary) changes had support.
Well, election day has come and gone. And the voters in California have made their voice heard: they voted Prop 46 down, eliminating the chance, at least in the immediate future, to increase medical malpractice payouts and hold their medical professionals to task for any alcohol or substance abuse they may be guilty of.
It’s a disappointing outcome, even though it has no immediate implications on the state of New Jersey. Doctors have such an important position that they should be taking care of themselves to ensure they can do the best possible job. If they show up to the job drunk — or even with just a hint of alcohol in their blood stream — it calls into question not only their personal habits, but the job that they perform on patients.
Mistakes could be made, and any such mistake could immediately be pinned on the substance in their body. When the victim files a medical malpractice lawsuit, you would expect that they would be entitled to hefty compensation. However, medical malpractice caps greatly restrict the victim’s ability to garner the compensation they deserve for going through such immense pain and suffering.
Maybe someday soon a state will pass a law that confronts these two situations.
Source: KPBS, “Voters Reject Drug Tests For Doctors, Medical Malpractice Proposition,” Kenny Goldberg, Nov. 4, 2014
