Reasons to Vote "Yes" on Proposition 46
Law Offices of David Drexler
Personal Injury Lawyers, Birth Injury Attorney, Dog Bite Injury Attorney
Enacted in 1975, the strict limitations on the amount of money victims of medical malpractice can recover did not prevent the costs of medical care from skyrocketing, as promised by the proponents of the limitations at that time.
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The reality is that the burden of having to pay for the medical care of the tens of thousands of patients who become victims of medical malpractice each and every year has landed squarely the shoulders of everyone except the negligent health care providers.
Do you ever wonder why there are so many negligent doctors who are getting away with harming and even killing their patients?
Are you one of the tens of thousands of victims of medical malpractice, yearly, who cannot find a lawyer to represent you in making a valid claim against a health care provider?
The realities are:
1) All medical malpractice claims in California have strict limitations on the amount of money victims can recover no matter how serious the injury.
2) Those limits have remained unchanged since enacted in 1975, 39 years ago.
3) As a result of those limits, there has been a growing number of negligent doctors,
4) You are paying higher health care costs in order to cover the costs of caring for the growing number of patients injured by negligent doctors and
5) You can’t find a medical malpractice lawyer to prosecute valid claims against negligent physicians because the deck is heavily stacked against patients who become victims of malpractice.
Because of the monetary limitations imposed in 1975, if you, a child or a loved one is killed, brain damaged or paralyzed by the negligence of a doctor, you will not be fairly compensated. Your maximum recovery will be only $250,000, the same amount as someone with a much less significant injury. The unfair cap does not differentiate between someone who has suffered a catastrophic injury versus a minor injury.
Medical malpractice cases:
Vote “YES” on Prop 46.
- Have strict limitations on the proof required to prove a claim and the damages allowed;
- Are the most difficult cases to win in Court;
- Have less than a 20% likelihood of success even in the best of cases;
- Require an extraordinary amount of work;
- Are extremely expensive to handle, often costing as much as $100,000 in out of pocket expenses in addition to office overhead.
- While it is very difficult to find doctors willing to testify against a doctor on behalf of an injured patient, there are always doctors willing to testify on behalf of a doctor no matter how negligent the doctor may have been.
A “no” vote on Proposition 46 guarantees that the number of incompetent doctors will continue to grow and that you will continue to bear the cost of treating victims of their malpractice, and, if you or a loved one is ever the victim of medical malpractice, it will be nearly impossible to find an attorney to represent you.
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