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This reform option has special implications for the proposed damage cap.
In short, indexing California's damage cap for inflation would not make the sky fall.
First, this damage cap singles out one category of injury victims — namely, medical malpractice victims — for inferior treatment.
The upshot is clear: Indexing California's damage cap for inflation is unlikely to jeopardize our physician supply.
First, the No on 46 effort suggests that indexing the damage cap for inflation would cost "California families $1,000 more each year".
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These suits would be subject to any applicable damage caps under state law.
Courts have interpreted these entrenchments as a complete ban on damage caps: see Smith v. United States, 356 P.3d 1249 (Utah 2015); Klutschkowski v. Oregon Medical Group, 311 P.3d 461 (Or. 2013).
But Massachusetts's universal health-care law has not (yet) bent the cost-curve, and Texas-style damage caps have not in fact increased doctor numbers.
They say the "willful and wanton" language, along with damage caps, has driven down malpractice insurance rates and attracted more emergency room doctors to Texas.
But Dr. Patrick said the trend — licenses up 18percentt since 2003, when the damage caps were enacted — has held, with an even sharper jump of 30percentt in the last fiscal year, compared with the year before.
Meanwhile, plaintiffs' lawyers say damage caps make them reluctant to take on cases, given the money often required for trial preparation and expert witnesses qualified to discuss medical practice.
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