Measure to Raise Noneconomic Cap on Malpractice Lawsuits Fails in California

Proposition 46 Defeat Lauded by Coalition of Healthcare Providers, Labor, and Business Groups

Napa, California—November 5, 2014—Proposition 46, the Medical Malpractice Lawsuits Cap and Drug Testing of Doctors Initiative, was resoundingly rejected by California voters on Tuesday. The Doctors Company, the nation’s largest physician-owned medical malpractice insurer, was a key member of one of the largest coalitions ever formed to defeat a ballot measure in California. The coalition included business, labor, local government, civil liberty, teacher, firefighter, and healthcare organizations.

Proposition 46 would have dramatically increased the number and cost of malpractice claims and raised healthcare costs for families, businesses, local governments, and taxpayers.

“We appreciate the efforts of all those who supported the No on 46 campaign. Together, we worked to maintain stability in medical liability costs and preserve access to high-quality medical care throughout California,” said Richard E. Anderson, MD, FACP, chairman and CEO of The Doctors Company. “We are proud to be part of this broad coalition that helped to defeat this deceptive and destructive legislation and achieve the preservation of MICRA for future generations of Californians.”

In addition to quadrupling the noneconomic cap on medical malpractice damages and tying increases to inflation, Proposition 46 also would have mandated doctors and pharmacists to consult a massive statewide database of personal medical prescription information before prescribing certain drugs. The measure would have also required hospitals to administer drug and alcohol tests to doctors.

About The Doctors Company
Founded and led by physicians, The Doctors Company ( is relentlessly committed to advancing, protecting, and rewarding the practice of good medicine. The Doctors Company is the nation’s largest physician-owned medical malpractice insurer, with 75,000 members and $4.3 billion in assets, and is rated A by A.M. Best Company and Fitch Ratings.

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