American Society of Plastic Surgeons
For Consumers

California Prop 46 Defeated by 2-to-1 Margin

Thanks to a broad coalition of doctors, community health centers, hospitals and other groups including ASPS, California's Proposition 46 was greatly defeated on Election Day.

Labeled as one of the most controversial initiatives on the ballot, Prop. 46 was drafted by trial lawyers aiming to profit from medical lawsuits by quadrupling the state's cap on non-economic damages from $250,000 to over $1 million. It would have also made California the only state to require the random drug testing of physicians.

With nearly 3.5 million "no" votes and 67% of the total vote, California voters clearly stated that they want to keep their health costs low as well as maintain the relationships with the doctors that they have came to know and trust. If the ballot measure had passed, patients could have been forced to deal with reduced access to care as many physicians would have contemplated leaving the state to seek more affordable medical liability insurance.

The proponents of the ballot have already stated that the fight is not over and will likely try again to push for an increased cap. ASPS will continue to oppose legislation that is onerous to physicians