Medical Malpractice Insurers Are Top Donors Opposing California’s Fairness For Injured Patients Act

The California Changes to Medical Malpractice Lawsuits Cap Initiative has qualified for the ballot in California as an initiated state statute on November 8, 2022. The ballot initiative would require an annual adjustment of the cap based on inflation and would allow judges and juries to award damages above the cap for catastrophic injuries, defined as death, permanent physical impairment, permanent disfigurement, permanent disability, or permanent loss of consortium. The ballot initiative would also replace language about noneconomic damages with quality of life damages and survivor damages.

A “yes” vote supports this ballot initiative to increase California’s $250,000 cap on noneconomic damages in medical malpractice lawsuits based on changes in inflation since 1975, and allow judges and juries to award damages above the cap for catastrophic injuries.

The Fairness for Injured Patients Act Coalition is leading the campaign in support of the ballot initiative. Through September 30, 2021, the campaign received $5.14 million, including $3.66 million from trial lawyer Nicolas Rowley and $500,000 from Trial Lawyers for Justice.

Californians to Protect Patients and Contain Health Care Costs is leading the campaign in opposition to the ballot initiative. Through September 30, 2021, the campaign received $17.98 million, including $6.15 million from The Doctors Company and $1.75 million from Mutual Protection Trust.

Source

According to Consumer Watchdog:

TOP TEN DONORS OPPOSING FAIRNESS ACT

AMOUNT

THE DOCTORS COMPANY

$14,800,000.00

CALIFORNIA MEDICAL ASSOCIATION

$9,025,312.70

KAISER FOUNDATION HEALTH PLAN, INC.

$6,500,000.00

CALIFORNIA HOSPITALS COMMITTEE ON ISSUES

$5,000,000.00

MUTUAL PROTECTION TRUST

$3,500,000.00

MEDICAL INSURANCE EXCHANGE OF CALIFORNIA

$1,000,000.00

NORCAL MUTUAL INSURANCE COMPANY

$1,000,000.00

THE MUTUAL RISK RETENTION GROUP, INC.

$1,000,000.00

CALIFORNIA DENTAL ASSOCIATION

$1,000,000.00

CEP AMERICA-CALIFORNIA, DBA VITUITY

$1,000,000.00

$43,825,312.70

“California insurance companies will spend whatever it takes to protect their golden goose – California’s cap on compensation for those injured, maimed or killed by medical malpractice that prevents many patients from ever seeking justice. The $250,000 cap on damages for a person’s lost quality of life, disability and death hasn’t gone up a dime since 1975, and that means insurance companies never have to compensate patients who are harmed or killed in a medical facility they trusted to make them better. The cap is a gold mine for insurance companies and the Fairness Act will level the playing field for injured patients who have been denied justice for too long.”

From 2008 to 2018, California medical malpractice insurers spent an average of just 37 cents of every premium dollar they collect to pay malpractice claims to victims, according to data reported to the National Association of Insurance Commissioners. Medical malpractice insurance companies in California made an average 10.7% return on net worth between 2008 and 2018. Across all lines of insurance in California, return on net worth was an average 6.9% in the same time period, according to data reported to the National Association of Insurance Commissioners. Return on net worth is a measure of profitability that includes premiums and investment income.

Source

If you or a family member were injured as a result of medical negligence in California or in another U.S. state, you should promptly find a California medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you or your family member in medical malpractice case, if appropriate.

Visit our website or call us toll free in the United States at 800-295-3959 to find medical malpractice attorneys in California or in your state who may assist you.

Turn to us when you don’t know where to turn.

This entry was posted on Saturday, March 12th, 2022 at 5:23 am. Both comments and pings are currently closed.

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