Friday, February 6, 1976
University Daily Kansan
5
Informed consent
From page one
"Suppose you signed an informed consent before you took a flight on an airplane; one where you required the airline company to list all the possible things that could go wrong.
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"YOU'D HAVE about an eight-volume OU'DS operations manual that explained the operations of each unit."
Brackett told the malpractice problem could be lessened by the filing of fewer
"Unfortunately," he said, "I think the adversary system is becoming a part of daily life and I think it's reflected in the hospital setting.
"Everybody's suiling everybody."
But Davis said, "One man his nuisance is another man's good cause. I think the image of lawyers chasing people to the hospital is an inaccurate one."
DUNN SAID malpractice cases were so severe that a lawyer could afford to try only a few.
"Sure cases?" do exist-doctors are
sure, and human beings make mistakes,
or not.
A doctor must graduate from medical school, must be certified by the director of his training program and must pass state board examinations.
But few professions require as much training and self-regulation as the medical profession.
In addition, most doctors read medical literature, attend post-graduate courses and, in general, "try to keep up" on their specializations. This year, for the first time, the doctor will receive a written examination, but only on a voluntary basis, Brackett said.
"WHETHER THAT sort of thing is going to become mandatory or not I don't know," he said.
"And there are disciplinary boards," he said. "Although I think it's about as difficult to move against a physician as it is to move against a doctor." In some legal obstacles to that, too, he said.
The staff physician agreed with Brackett. Hospitals are afraid to censure their doctors because they might be sued, he said. The doctor has been accused of criticize doctors for the same reason, he said.
THE ONLY solution to the malpractice problem with which administrators, doctors and lawyers agreed was a legislative solution.
There are now 16 measures in both houses of the Kansas State Legislature. Compared to other states,
-Lessen the statute of limitations from 12 years to four years.
- Place an upper limit on settlements.
- Place an lower limit on education.
a prerequisite for realigning.
- Place basic mlp.practice insurance on an "assigned-risk basis."
- Make it mandatory that judges decide whether attorneys' fees are reasonable.
- Allow the establishment of screening power to make to non-binding recommendation
- Add "professional incompetence" as grounds for suspension or revocation of a grant.
STATE SEN. W. H. Sowers, R-Wichita, said continuing education for doctors, a clarification of legal procedures in malpractice cases and a means of
monitoring doctors were necessary components of any malpractice bill.
Sowers, chairman of the Senate Public Health and Welfare Committee, predicted that there would be a mparactice bill passed by the legislature this term.
Dykes said he was optimistic about a legislative solution to the malpractice problem.
"If there are 16 bills," he said, "the
fewest of them some of them getting through
is pretty good."
HASN'T V reached the crisis stage in
Kansas, he said, and most doctors
agree.
Kansas is still a pretty nice place to practice," one Med Center doctor said.
"It's a frightening thought—the thought of being sued for malpractice," he said. "The statistics make it inevitable. That's why we think about it quite a bit."
A ruling by the Kansas Supreme Court in 1965, ordered a re- hearing of the case.
Parks employs form association
By MARY ANN DAUGHERTY
The United Public Employees Association
The United Public Employees Association
(UPEA), soon will have a slurry
Courtroom sees film of Hearst as bank robber
SAN FRANCISCO (AP) - Patricia Hearst watched in a darkened court yesterday day as the prosecution screened a silent movie starring her as a bank robber, then heard two witnesses depict her as a profane and threatening bandit.
The movie, pieced together by the government from still photos taken by a bank camera, showed a bewigged "Tiana" brandishing a carbine at customers who tried to enter the Hibernia Bank branch while members of the Symbionce Liberation Army staged a holdup April 15, 1974.
The film ran slightly less than two minutes.
And, quoting from what it said was an SLA manuscript obtained from federal sources, the Chicago Tribune reported yesterday that Hearst apparently turned down a chance to return to her parents about a month after her kidnapping.
The defense contends that the oncefugitive heiress was in the bank as an unwilling captive. But two of her former underground companions, Bill and Emily Harris, said in Los Angeles yesterday that she had confided to her comrade whose decision to stay with the LAA after her kidnapping was "based on her own initiative and free choice."
In a copyrighted story from San Francisco, the Tribute said the documents included a passage purportedly written by Hearest in which she described efforts to persuade her captors to allow her to remain with them.
"After a couple of weeks, I started to feel sympathy with the SLA." Miss Hearst reportedly wrote: "I was beginning to see that I had to accomplish was necessary. . ."
Asked about the document, which the newspaper said it had withheld until selection by the F. Bailley office, chief defense man for the F. Bailley office, said some extent, its authority is in disuse."
Bailey told a news conference that his young client seemed to be satisfied with progress so far, despite testimony from two of the nine government witnesses Thursday that appeared to support the contention that she was less than a reluctant robber.
One witness, bank customer James Norton, said he looked down the barrel of Heart's gun and heard her utter a courtly he was too bashful to repeat in court.
About 15 employees of the Lawrence Parks and Recreation Department turned out last night at the Lawrence Community Building for a press conference to announce the formation of the Lawrence Parks and Recreation Employees Association. The organization plans to hold a public meeting, firefighter, police, street department, sanitation department and water department associations in the UPEAL<sub>a</sub>, a spokesman said.
The announcement came in the wake of recent charges of mismanagement of city
Terry Cook, one of the parks and recreation group's four appointed leaders, said he had worked underway for eight months. Some department employees have been affiliated with the street department association, he said, but recently to form their own organization.
Among those present for the announcement were Dennis Smith, president of the Lawrence Sanitation Employees Association; Alvin Samuels, president of the Lawrence Firefighters Association, and Norman Forer, UPEAL advisor.
Cook said he and three other employees, Willie Mitchell, John Clark and Kerry Pierce, spearheaded formation of the association and were appointed by co-workers to serve as the group's governing board officers will be chosen in a few weeks, he said.
Reading from a prepared statement, Pierce said, "Our employees have been neglected and abused for years, and we are in danger of losing our organization can these problems be solved?"
- Usable firefighters, which have poor broken caulon lights and leak carbon monoxide.
Pierce listed several problems in the department:
-Improper storage of dangerous chemicals and inadequate protection from pesticides
—No equipment operation training programs.
—Widespread favoritism.
—Inadequate first aid equipment
—Inadequate pay for employees who operate equipment.
- Irregular employee evaluations.
—An inconsistent merit system.
—Part-time help taking overtime work from regular employees.
—An inconsistent infit system.
—Abuse of overtime distribution.
Inconsistent probation policies.
- No provisions for uniforms.
— Irregular job posting.
Cook said two of those who didn't join were foreman. One declined for religious reasons, and the other thought his job as operator might be in jeopardy, he said.
Of the 21 department employees, Pierce said. 17 joined the association.
The association leaders plan to meet with City Manager Buford Watson at the first of next week, Pierce, to discuss grievances and their new organization.
Watson said last night that he would meet with the parks and recreation leaders as he had with leaders of the five UPEAL members.
Those who attended the meeting mostly asked questions about unsafe equipment.
Cook said he had worked with the department for two years and vehicle caution lights had been broken continually during that time.
Clark said he had taken the matter to the department superintendent, George Osborne, but the lights hadn't been repaired.
Several association members complained that they were paid laborer's wages when they operated heavy equipment. According to city guidelines, they said, they are entitled to operator's wages, which are 42 cents an hour higher than laborer's wages.
Forer said the same problem had occurred in the street department and was corrected through negotiations with Watson.
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prohibiting suits against governmental agencies. Earlier, the court had declared the law to be unconstitutional. A second ruling is expected soon.
DUNN SAID a reversal of the court earlier ruling could nullify some or all of the lawsuits against the Med Center, but it wouldn't affect the cases in which individual doctors were being sued, Dunn said.
Dykes said, "Our concern is for both the University and the physicians as members of the faculty. A problem that affects one will ultimately affect the other."
Battle...
From page one
perform in the important aspect of sexuality, he said.
DECROW SAID the battle between the seakers would never end and while men were still fighting, they hadn't.
"I feel that a liberated consciousness will free a man from these anxieties," she said.
DECROW SAID she hoped that in the
because they wanted to get married
Glider and DeCrow debated in three 10-minute rounds and then answered questions fielded by Brad Bradley, chairman of SUA forums.
2
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