On November 4th, 2014 California Prop 46 was shot down by voters in the state of California. Leading up to the election most people felt as if it was a 50/50 proposition as to whether or not the bill would pass. As November 4th approached several news outlets were leaning towards the bill not passing. Most of the advertisements that were on TV and the Internet were in favor of Prop 46 not passing. No matter which side of the fence you sit, you have to recognize that both sides of the proposition had their pros and cons.
Some lawyers feel as if $250,000 is not enough for someone that has lost a major part of their body or mind. Although a well recognized Los Angeles motorcycle accident lawyer, David Azizi brought up the point that losing a limb or another important part of one’s body would greatly hinder or adjust the entire life of a person. You can learn more at the YouTube video below:
Now that California Prop 46 is not going to happen it will be interest to see how many California personal injury lawyers pursue medical malpractice cases. Some lawyers do not have the funds nor the resources to pursue these types of cases because it costs quite a bit to hire investigators and a staff to pursue the claim. These claims may not be paid out for one to two years. A law firm or practice that is just getting off the ground may not have the funding to take on a medical malpractice case that only pays out $250,000.
Some may think that $250,000 is a significant amount of money for a lawsuit but remember the costs of getting the case to court could be close to $100,000 or more. With a lawyer working on a contingency basis they may work for two full years to make less than $20,000 or $30,000. As most can imagine, working for two years for $20,000 is not a smart economical decision; especially for a law firm that could take on other personal injury cases. Note that St Louis Medical Malpractice lawyer Alvin Wolff states that the upper limit is $750,000 in Missouri.
One of the most important parts of California Prop 46 was the drug testing of medical professionals. Even though California Prop 46 was shot down by voters we can only hope there is a push to make certain that medical professionals get drug tested. They are the ones that are often prescribing the drugs so there is no reason they should not be drug tested themselves.
If you would like more information on medical malpractice, drug testing or medical professionals such as doctors and pharmacists or generic personal injury claims please feel free to comment below and we will get in touch with you. You can also get more information on Prop 46 here.
Categories: Prop 46