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Thursday, April 6, 1989 / University Daily Kansan
Opinion
THE UNIVERSITY DAILY KANSAN
Malpractice limits dubious
Last Thursday, when the Kansas Supreme Court upheld a law that placed a $250,000 ceiling on non-economic damages in personal injury lawsuits, many people, namely physicians and legislators, were happy.
Physicians liked the ruling for obvious reasons: It relieves them of defending malpractice suits on tough-to-quantify pain and suffering claims, such as disfigurement or mental anguish, that bankrupt many physicians; and fear of malpractice suits discourages surgeons from attempting risky operations.
Many legislators, and Gov. Mike Hayden, were pleased with the high court's decision because they thought the ruling eventually would curtail soaring health insurance premiums for their constituents. In time, we will know whether they are right.
But there is little evidence that suggests that the law does anything except deny the right of retribution to those who already have suffered from the mistakes of others.
Other states, such as Oklahoma, have low malpractice rate and do not have tort reform like the one Kansas now has.
The factors that drive up insurance rates are many. An area's overall economy, for example, has much more to do with high premiums than does fear of high-priced settlements. Other states, such as Oklahoma, have low malpractice rates
and do not have to fear PUBLIC. The constitutionality of the issue is another matter. Last summer, the same court struck down similar legislation, claiming it was unconstitutional. That law limited medical malpractice claims and addressed more than non-economic damages.
Exactly how that law differed from the current one is not exactly clear. The court announced the 5-2 decision but said the explanation was forthcoming.
explanation was for being Obviously, the cost of malpractice insurance is a problem that affects us all and must be addressed. Legislators should be commended for trying to rein in this dilemma.
The new law, which was passed in 1987 and amended in 1988, has not been in effect long enough to fairly evaluate its effects on the state. In this case, however, society's desire for possible improvement seems to have outweighed plaintiffs' rights.
If the law does not prove to be successful, let's hope that legislators have the decency to repeal it and restore our defense against bad doctors.
James Farquhar for the editorial board
State employees often are seen as those who can't get work in the private sector and are just biding time until they find a better job. By civilian standards, the workers are underpaid, and promotions are long in coming. As such, job turnover is high, and morale is low.
Bill is incentive for workers
but the Kansas House has taken a tangible step to improve the situation among state employees. Last week, legislators tentatively approved a plan that would allow pay increases at almost twice the current rate and would increase longevity pay for employees who work for the state more than 10 years.
Under the current system, there are 13 levels for state employees, with a 2.5 percent pay increase accompanying each promotion. Minimum time to reach the top is 23 years. The improved plan would increase the steps to 15, but employees could obtain the highest pay scale in 13 years. At each level, the 2.5 percent pay increase would complement the promotion.
The plan would apply to state classified employees and nonjudicial employees and would cost the state $3.4 million during the next fiscal year.
For long-term employees, an additional $40 a year of service after 10 years would be thrown in annually. A maximum of $1,000 a year in longevity pay could be accumulated after 25 years of service.
The House has made a substantial financial commitment to state employees: a commitment they well deserve. Although expensive, the plan is a worthwhile investment in the quality of state employees.
The bill is an effective incentive to lessen employee turnover and to build confidence among state employees. By giving state employees reasons to stay at their jobs and to take pride in them, they will prove to be more competent and efficient employees.
Grace Hobson for the editorial board
News staff
Julie Adam...Editor
Karen Boring...Managing editor
Jill Jess...News editor
Dab Graver...Planning editor
James Farquhar...Editorial editor
Elaine Sung...Campus editor
Tom Simson...Sports editor
Ethel Swansonki...Photo editor
Dave Eames...Graphics editor
Noel Gerdes...Art Features editor
Graham General...manager news adviser
Business staff
Debra Cole...Business manager
Pamela Noe...Retail sales manager
Kevin Martin...Campus sales manager
Scott Fragar...National sales manager
Michelle Garland...Promotions manager
Brad Leenhart...Sales development manager
Linda Hoop...production manager
Debrin Martin...Assist. production manager
Kim Coleman...Co-op sales manager
Cari Cressler...Marketing specialist
Kim Coleman...Sales and marketing adviser
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Budget cuts will reduce diversity
A as the president of the International Club. I sat for two months on the Dr.
I sat for two months on the Diversity Task Force, which Student Senate established.
One of the first things I noticed was that after the first two meetings, the leaders of clubs representing minorities dropped out of the task force. That didn't seem to bother anyone except me. When I questioned the use of Student Senate funds to finance diversity programs that minoriate students, I was told that I was betraying the mission of the task force. I believed my input was not needed, so I stopped attending, although our club's vice-president, Bodwell Well, attended the rest of the meetings. The International Club did, however, participate in the task force's program to distribute "Celebrate Diversity" buttons. The idea was great. The Student Senate actions speak louder than words.
Student Senate in an atmosphere of hostility cut the budget of the International Club by 50 percent. from $,073 last year to $2,659.
The international Club itself is a celebration of diversity. Our members reflect the diversity of the campus — greets, non-greeks, African-American, Asians, Latin Americans, American Indians, Arabs and Europeans. The International Club is a non-political and non-religious organization.
The word international seemed to bother some senators who questioned whether we had any American members, Webster's Dictionary defines international as 'reaching beyond national boundaries' which is precisely the aim of the club. It also represents our constitution, the club's purpose is to represent the international community at all levels of the University system and to provide a framework
Sumaya Ali-Raja
better communication and understanding between students, both foreign and U.S. Our officers represent such diverse nationalities as Armenian, Dutch, Yemeni and American.
Guest columnist
The co-chairman of the finance committee led the tirade against our club's financing, saying that although we "know how to play Senate games," that is not reason enough to approve a transfer to Senate is a "game," why is it responsible for allocating money to student organizations?
In a state of shock, I heard rumors and outright lies about the computer in our work station at the Kansas Union. The other co-chairman of the finance committee said that we hardly used it. That statement is incorrect. The printer recently was repaired, and the computer is being used by members of the International Club and Student Senate.
When is comes to budget allocations, our club is judged by different criteria than other groups. Senators accused the International Club of being fiscally irresponsible because we didn't spend all of the money allocated to us. In the past, Student Senate preferred groups that requested all of their money at once, over groups that asked for money periodically. This was why the Senate required all of the money in one lump sum. We spent only what we needed to spend and nothing more. But this year, senators wanted us to ask for the money bit by bit, implying that they wanted us to beg for more
money when we needed it. It is for that reason that we are judged fiscally irresponsible.
But it is important to know that many groups do not spend the money they are allocated. The criteria for International Club financing was different than those of other groups.
Student Senate rules and regulations do not allow our club to use any Senate-allocated money to help out other international groups. Student Senate knows that; yet, they said they expected us to be an umbrella organization, coordinating other foreign clubs.
In the past, our club sponsored the annual International Chancellor's Reception. The fiscally responsible Student Senate canceled the dinner, which was the only chance for foreign and U.S. students who are not on Student Senate to meet the chancellor and speak to him personally. Senate also refused to pay to bring an internationally renowned speaker to KU.
Our club is sponsoring a speech on campus by the grandson of Gandhi and has co-sponsored three films with Student Union Activities, the last of which is "Salaam Bombay" on April 21.
Student Senate proclaimed this semester a celebration of diversity. The Innerbearth Club has been celebrating diversity of 70 years. Our club annually plays host to the Festival of Nations. This year, it will be during the day April 14 on the lawn of Stauffer-Flint Hall. At night the festival will continue in the Kansas Union Ballroom. A cultural show will be staged, including a guest performance at the Hall. Indian art would hurt our ability to serve this campus and would make it harder for all of us to celebrate diversity beyond this semester.
**Sumayu All-Ari-Ra** is a Sanaa, Yemen Arab Republic, senior major in journalism.
K·A·N·S·A·N
MAILBOX
CLAS elections
As a member of the College of Liberal Arts and Sciences (CLAS) College Assembly election committee, I would like to take this opportunity to tell CLAS undergraduates about the election being held now through April 13. The purpose of the election is to fill 118 vacant seats reserved for undergraduate student representatives.
The College Assembly is the governing body that determines CLAS academic policy. The Assembly meets the first Tuesday of every month, in Adderdor Atrium at the Kansas Union.
Student participation in the decision-making process of a university is an important element of the educational process. For this reason I encourage all CLAS undergraduates to place their names in nomination. If the number of nominees is less than or equal to the number of vacancies, they become to be appointed during appointment. Nomination forms are available at the Undergraduate Services Office, 106 Strong. The deadline for filing is 5 p.m. April 7.
Letter was off base
William Bayne
Lawrence sophomore
Michael McVey's letter to the Kansan made no sense to me. What possible threat is Women's Awareness Week to him? When members of the University community come together to discuss women's problems, rights or issues, they themselves as a militaristic feminist tyrans?"
His argument shakes out something like this: (A) women have unique concerns, (B) the University has created opportunities to address those concerns, therefore, (C) nobody cares if men are harassed or abused because they are just "sexual assault" or McVey is to speak for the men of KU, I doubt whether thinking people of either sex are persuaded by his dubious logic.
Though I did not attend any of the events during Women's Awareness Week, I followed the reports of those events in the Kansan and the Lawrence Journal-World with interest. One speaker noted the endocrinological advantage women have over men which allows women to live longer. She suggested that this scientific inquiry could eventually improve men's longevity while at the same time preventing the loneliness which often results when longer-lived women lose their mates. Feminist tyrant!
The week's focus on women's problems and possibilities was intended as a forum for the discussion of issues relevant to women.
on behalf of a significant number of those students. Was McVey similarly outraged by the special effort made to recognize the contributions of African-Americans during Black History Month? Why is an exchange of information and ideas about women an attack on men?
McVey takes issue with reports that "one in three" women were rape victims. Fair enough. Though, happily, I have no personal experience with rape, it seems like a pretty high proportion to me too. Regardless of the absolute numbers, however, we do not have one vice president predominantly against women does not correspond to man-hating. Some of my best friends are men.
Most of all, let's inject some dispassionate reasoning into the debate. McVey's vituperations quite possibly contain some genuine concerns that would be appropriate for this newspaper and this University to address, but it's hard to figure out what those concerns are
Furthermore, spewing out angry non-sequirers don't contribute much to the dialogue. Of course, women aren't "always innocent victims." Certainly, embracing new ideas about women poses challenges for both men and women. One hopes, however, that KU students can articulate their dissatisfaction with less hyperbole and more rationality. "We (men) would be better off at Auschwitz?" Get real.
Molly Wood
First-year law student
BLOOM COUNTY
bv Berke Breathed