Lawyers versus doctors in costly Prop. 46 campaign wars

[WestVirginiaRebel]

LA Times:

A ballot initiative that pits lawyers against doctors has set off one of this year's fiercest campaign wars, a costly clash over increasing state limits on malpractice damages and imposing drug testing on physicians.

 

Proposition 46 would raise the cap on pain-and-suffering awards in malpractice lawsuits and require that hospitals randomly test their doctors for drug and alcohol use. Backers say the measure would rein in negligent doctors; opponents charge that it's a money grab by the lawyers who helped put it on the ballot.

 

Supporters have raised only a fraction of the money that opponents have collected for their side of the battle. But the "yes" side is hoping that the attention-grabbing issue of drug testing can help surmount the cash disadvantage.

 

"We're ringing the alarm bell for the public that there are quacks that like their Jack and smack, and they hurt people," said Jamie Court, president of the advocacy group Consumer Watchdog.

 

Opponents have built their campaign primarily around the proposal's potential costs — and potential benefits for the other side.

 

Proposition 46's "greatest weak spot is its price tag," said Jason Kinney, spokesman for the "no" campaign. "Under Prop 46, trial lawyers stand to make a lot of money and everyone else is going to be stuck footing the bill."

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Ambulance chasers want their cut.