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Medical Malpractice Lawyers: California Measure Would Raise Medical Malpractice Cap

Major Political Force Barbara Boxer Puts Support Behind Proposition 46. 

Former medical malpractice cap of $250K  would be raised under new Prop., which is opposed by doctors, teachers, the ACLU and powerful unions

SAN FRANCISCO (KCBS)-- Senator Barbara Boxer came out swinging Wednesday on behalf of Proposition 46 in a new ad campaign. Boxer (D-CA) is hoping that her considerable political clout and the emotional case made by grieving parents can offset huge campaign spending by the measure's opponents. The first 'Yes on 46' ad stars the senator herself. In it she asks viewers to look at pictures of children flashed on the screen and points out that all of them lost their lives due to medical malpractice. Boxer also appeared at a news conference, to say Prop 46 is just what California's initiative process was designed for.

"This time it is being used in the right way and we're going to bypass the governor and we're going to bypass the Democrats and Republicans in the legislature and we are taking our message straight to the heart and soul of the people," she said. Prop. 46 would raise the 39-year-old cap on damages that that medical malpractice lawyers have struggled with. The current cap is at $250,000 and requires random drug testing of doctors. Tammy Smick lost her son to a medical mistake. "Alex was priceless. There is no amount of money that will ease my pain and suffering, but I do want accountability and I want justice for my son," The proposition is opposed by doctors, teachers, the ACLU and the state's most powerful unions who already have almost $60 million to spend on ads that claim the "real" story behind the Yes on 46 campaign starts with the trial lawyers. The No on 46 campaign warns of higher health care costs if the measure passes. Boxer called it a classic David and Goliath campaign story that will play out over the next two months. Originally posted on San Francisco CBS local by Doug Sovern.

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