Doctors v. Lawyers

I was so distracted by the blatant lies from the “No on E” campaign that I’ve only now begun to wonder why  the California Medical Association is funneling big bucks to run a scare campaign to defeat California Proposition 46.

If passed Proposition 46 will increase the state’s cap on non-economic damages that can be assessed in medical negligence lawsuits to over $1 million from the current cap of $250,000.

I also notice that Kaiser is spending huge amounts of money to defeat California Proposition 45,  which requires that changes to health insurance rates, or anything else affecting the charges associated with health insurance, to be approved by the California Insurance Commissioner before taking effect. Overall, the initiative would impose on the health insurance rate regulation system what Proposition 103 (1988) imposed on automobile and homeowners insurance. Simply put, Health Insurance profiteers will no longer have the “right” to arbitrarily increase their rates without considering the people they ostensibly serve.

I do not know if the public is aware of the fact that Kaiser Patients are forced to sign a “voluntary” agreement to use Kaiser supplied arbitrators to address grievances. Some courts in other States have held that this violates the individual’s right of access to the courts for redress of injuries, the constitutional right to equal protection, and the right to due process guarantees.

The well funded and purposely confusing campaigns to defeat these propositions use all of the well-worn Conservative buzzwords that are designed to get around thought: “Trial Lawyers” means defense attorneys who represent the People, and “special interests” means people with “interests” that are not the same as “Kaiser’s” special interests.

Thank you,  Andy Weisskoff, for staying on top of this.