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Health Care & Hospital Law

May 2, 2013

Legislators should up damages cap to improve patient care

Physicians are far more likely to improve patient care if the Legislature increases the cap on noneconomic damages (adopted in 1975) to reflect inflation than by transferring oversight to the attorney general's office.

Bruce G. Fagel

Law Offices of Bruce G. Fagel & Associates

Phone: (310) 516-9035

Email: brucefagel@fagellaw.com

Whittier College School of Law

Bruce G. Fagel is licensed to practice medicine and is founder of the Law Offices of Bruce G. Fagel & Associates. He served as a consultant on medical malpractice law to the California Judicial Counsel Committee, which wrote the new CACI jury instructions. He can be reached at brucefagel@fagellaw.com

The state Legislature is now considering legislation that would transfer the investigative and enforcement authority over California doctors from the Medical Board of California to the attorney general's office. The main reason cited for this transfer has focused on those physicians whose overprescribing of narcotic pain medications caused patient deaths. See LA Times, Apr. 26. However, the larger problem for public health is not the few doctors identified in an LA Times investigation th...

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