Attorney General No.

SA85RF0008

Secretary of State No.

366

Description

COMPENSATION FOR INJURIES CAUSED BY WRONGFUL ACT OF HEALTH CARE PROVIDERS. INITIATIVE CONSTITUTIONAL AMENDMENT. Provides that persons injured by wrongful acts of health care providers have the right to seek "full and fair" compensation in court and the right to trial by jury unless expressly and knowingly waived in writing. Prohibits legislation limiting recovery. Provides injured person the right to seek an attorney of the person's choice, and prohibits limitations on the terms of their employment agreement. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: The adoption of this measure would result in increased costs to state and local governments to the extent that the number of jury trials increase, to the extent that jury trials result in higher awards against state and local government employees, and to the extent that jury awards increase health care costs and raise insurance premiums. The amount of the possible increase cannot be determined, but probably would be substantial.

Proponents

Russell S. Kussman, M.D., 11233 Montana Avenue, Los Angeles, California 90049

Date

12-2-1985

Document Type

Initiative

Qualified

Failed to Qualify

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