Prochaska, Howell & Prochaska LLC

Defeat of Prop. 46 Sees Need for Increase of Medical Malpractice Caps


Wichita, KS -- (ReleaseWire) -- 05/04/2015 --California Proposition 46, the Medical Malpractice Lawsuits Cap and Drug Testing for Doctors Initiative, was defeated by voters in November of 2014. Prop. 46 would have increased California's medical malpractice damage cap of $250,000 to over $1 million. With the defeat of this initiative, future raises in medical malpractice compensation remains unclear. It not only affects patients in California, but the entire United States.

Lobbyists for doctors and the health care industry opposed the cap increase, and raised over $57 million to help defeat the initiative. One of the controversies surrounding Prop. 46 also involved the inclusion of random drug testing for doctors. Health professionals were opposed to facing higher insurance premiums, stricter drug testing, and a possible rise in medical malpractice lawsuits.

"Increasing the caps on medical malpractice settlements is about protecting patients," says Bradley J. Prochaska, medical malpractice attorney of Prochaska, Howell & Prochaska. "Many victims suffer deformity or lose mobility, which requires long-term care. Placing caps on medical malpractice settlements is putting a limit on their pain and suffering."

Raising the cap for settlements would also make it more economically feasible for attorneys to take on more medical malpractice cases. Prop. 46 was co-authored by Bob Pack after two of his children were killed by a driver addicted to prescription drugs. Pack was unable to find an attorney to take his case, however, due to the low caps placed on damages and the considerable resources needed to build a medical malpractice case.

"Victims of medical malpractice need a lot of help in their recovery," says Prochaska, "They suffer from intense physical trauma, emotional distress, loss of happiness, and dramatic changes in their quality of life. Increasing the caps placed on their settlements help victims and their families with medical bills, lost work wages, long-term disability care, and other expenses related to their injury."

About Prochaska, Howell & Prochaska LLC
Prochaska, Howell & Prochaska LLC works to build relationships with each and every client. Our attorneys in Wichita KS are committed to helping you recover physically and emotionally from a wide range of injuries. We will guide you through the complicated legal process, answer your questions, and work diligently to build an effective case to help win the compensation you need for a complete recovery.

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7701 E. Kellogg, Ste. 415
Wichita, KS 67207