What Opponents of Prop 46 Don’t Want Voters to Know.

Who are the biggest opponents of Prop 46? Greedy insurance companies.

How many countless times have we seen the insurance industry cheat its hardworking, paying members … people like you? Instead of addressing the real issues, the insurance industry has amassed $57 million to oppose Prop. 46 by attacking the trial lawyers.

Insurance Companies Hate Trial Lawyers.

Why? Because Trial Lawyers Protect Consumers and Ensure People Like You Get a Fair Trial.

Trial lawyers make sure a jury of your peers determines the right amount to compensate an injury that could have been avoided, not the greedy insurance company.

Every Victim of Medical Negligence Deserves Justice.

The 1975 cap has never been adjusted for inflation.
This makes it impossible for lawyers to take on these cases.

The 1975 cap has never been adjusted for inflation and has made it next to impossible for lawyers to take on these cases. Had the voters in California approved a cap in 1975 as low as it is today in 2014, they would have had to vote for a cap of $57,000. That is how much inflation has changed the prices we pay! But the value of a human life is quickly being reduced to zero in California. Most medical malpractice cases cost attorneys $100,000-$150,000 to try on behalf of the victims. Prop. 46 evens the playing field and allows the little guy to fight against the big insurance industry.

The insurance industry is not wrong… Prop. 46 will increase the cap to $1.1 million to adjust for inflation. If a surgeon amputates the wrong limb of your body or performs the wrong surgery on you, do you really want the maximum you can recover to be $250,000? The insurance companies do. Why? Because that means they get to continue paying less.

Annette Ramirez Is Just One of Many Victims of Medical Negligence.

Read Annette's Story

In August of 2012, 48-year-old Annette Ramirez went into the hospital for a hysterectomy. She was happily married with children 8 and 12 years old. She expected to go home the next day. During the surgery, the surgeon unknowingly sliced her bowel.

Watch the Video

Diligent post-operative care, had it been done, would have revealed the problem. The leaky bowel went undetected and an infection spread through Annette’s system, causing her to go into septic shock, gangrene spreading to Annette’s four extremities, and, ultimately, the amputation of her arms and legs.

Don’t be Fooled by the Insurance Companies’ Scare Tactics.

You Will Not Lose Your Doctor.

Insurance companies’ default argument against anything and everything that decreases their profits: “Insurance rates will skyrocket! Doctors will flee! You’ll lose access to care!”

This is simply false. Medical malpractice insurers in California have consistently had such high profits that they would continue to make above-average profits even if the cap was indexed to inflation. California already has an effective and successful system to regulate medical malpractice insurance premiums – a system that won’t change because of Prop. 46.

California doctors won’t flock to other states if the cap is adjusted for inflation. Just look at the top 10 states with the greatest number of doctors per capita – seven of them have NO cap on medical malpractice damages! This is just one more baseless threat by the insurance industry and opponents of Prop. 46.

Prop. 46 Protects You and Your Loved Ones

The advertisements by insurance companies and other opponents never mention, let alone acknowledge, the countless victims that Prop. 46 is intended to protect. Why? Because they know that if Prop. 46 does not pass, those horrific events will inevitably happen again and they can happen to any one of us.

  • Going in for removal of a cancerous kidney, only to wake up from surgery with your healthy kidney removed, should not happen again.
  • Being treated by an impaired doctor addicted to prescription pain medication (gobbling up to 100 pain pills a day) because none of his colleagues reported him, should not happen again.
  • Walking to Baskin Robbins with your two children and watching them get run over and killed by a woman driving high off prescription drugs from “doctor-shopping,” should not happen again.

These are real stories of real people that insurance companies and opponents of Prop. 46 don’t want you to hear. They want you to believe Prop 46 “threatens your privacy.” But medical negligence and doctor-shopping prescription addicts threaten your safety and your lives.