Los Angeles, CA - October 25, 2014 –
Attorney David Drexler, a preeminent medical malpractice lawyer in Los Angeles
, is urging California voters to cast their ballot in favor of Proposition 46. The citizens sponsored initiative increases the unfair cap on non-economic damages in medical negligence cases and includes provisions for more closely monitoring the use and prescription of narcotic medications by physicians. Drexler is a nationally board certified specialist in medical malpractice cases and is one of the most sought after medical malpractice lawyers in the state."
Each year almost a half a million patients die as a result of negligence by a medical professional," stated Drexler. "As a board-certified malpractice attorney, I see the human fallout that occurs from this injustice. The people of California now have the opportunity to vote for this critical reform."
"The initiative is not ‘anti-doctor’ nor is it ‘pro-lawyer’. It is about fairness to all who have legitimate claims against physicians," stated Drexler. "How can it be fair to set a limit in 1976 on the amount the amount of monetary damages that can be awarded against doctors who negligently kill and paralyze patents and never raise that limit even to adjust for inflation?"
Proposition 46, referred to as the Troy and Alana Pack Patient Safety Act of 2014, will increase the current cap on non-economic damages in medical malpractice cases from $250,000 to $1.1 million dollars. It would also require random drug and alcohol testing of hospital physicians and require all health care practitioners to become mandated reporters of physicians suspected of being impaired or committing acts of medical negligence. It also requires physicians to check databases before prescribing addictive, dangerous medications.
"Most significant to the initiative is raising the antiquated 1975 cap placed on pain and suffering damages for medical negligence cases. It is grossly unfair and arbitrary to limit the recoverable monetary damages to a paltry $250,000 in cases where the victim is a child or an elderly person," stated Drexler. "The cap has not been raised in 38 years in even the most egregious malpractice cases where there are no economic damages such as lost earnings or ongoing medical bills. The bottom line is that attorneys are not accepting meritorious cases because there is no possible way to win fair compensation for these victims of malpractice."
Californians will vote on the proposition statewide during the next general election on November 4, 2014.
Physicians and insurance companies are opposing the initiative, claiming that the proposition will drive up the cost of medical care and insurance premiums and accusing trial attorneys of caring only about earning greater verdicts. Experts have called these claims "misleading" and "propaganda".
"This proposition is about is ensuring that victims of medical negligence, as well as their families, obtain the justice they deserve," said Drexler, who specializes in all types of medical negligence cases, including birth injury and prescription malpractice
leading to death. "It’s about saving lives and preventing death and injury."
For nearly 40 years, David Drexler has tried over 200 cases, obtaining numerous multi-million dollar jury verdicts ranging as high as $16 million dollars for his clients. Drexler is one of a very few attorneys nationally board certified as a trial attorney specialist in both medical and legal malpractice cases. Having the distinction of being conferred a double-boarded Diplomate by the American Board of Professional Liability Attorneys, he serves on the ABPLA Board of Directors as Treasurer. David is also a member of the CAALA, the AAJ, the CAOC and has been recognized as a "SuperLawyer" every year since 1996.