■ Guest commentary
Keep health negligence reward decisions in juries' hands
I’ll never forget the words or the
way they filled the room. They were
ordinary words, delivered in serious,
yet distant tones from a doctor 1 had
only recently met. “Your son has suf
fered brain damage,” he said. “It’s
unlikely he will ever walk.”
“In fact,” the doctor continued, “the
complications will probably result in
termination of life before age two. ”
And with that, I left the hospital
with my new baby boy, Jerry.
Our story is why I feel so strongly
about defeating this ill-conceived con
stitutional amendment, Measure 35.
Seven years ago, when Jerry was
ready to be born, I was 37 and over
due. 1 asked for a Caesarian, but my
doctor didn’t believe in them. She
said I should “buck up” and go
through labor.
I was kept in labor for 48 hours.
Late at night — the second night I
was in the hospital, exhausted, 1
asked for a Caesarian again. Again,
my doctor told me to “buck up. ”
It was during this time, as I would
find out later, that there were clear
medical signs my baby was in ex
treme distress.
Thankfully, an anesthesiologist
came in and took a closer look at my
baby’s vital signs. He turned white.
He told the nursing staff he wouldn’t
touch me until the baby was “stabi
lized.” This was the first time I real
ized that something was wrong.
My doctor was gone. The hospital
staff found another OB/GYN. When
she arrived, she immediately per
formed an emergency Caesarian. It
turned out that my baby had been
suffocating in the womb. Com
pounding the problem, nurses had
inserted a resuscitation tube down
Jerry’s throat the wrong way, so he
was still without oxygen until the
mistake had been noticed.
Afterward, the hospital instructed
its staff not to talk to us. 1 thought we
were at least due an explanation.
What were we supposed to do?
Shrug our shoulders and go away?
We turned to Oregon’s justice sys
tem. With the help of our attorneys,
the truth trickled out: The doctor failed
to tell me that Jerry was not
responding to the induction. The hos
pital was understaffed to deal with an
emergency that night. The nurses went
far beyond the prescribed level for
pitocin, the drug that induces labor.
The nurses destroyed the paperwork.
Eventually, it would be up to a jury
to decide who’s accountable and
who’s responsible for Jerry’s medical
needs. I was fine with that. I’ve
served on juries and knew jurors try
to do their best to be fair.
On the eve of trial, the insurance
company came to us with a settlement
that would provide Jerry with the care
required by someone with severe brain
damage. It was a long way from their
original suggestion of putting Jerry in
an institutional setting where his care
would be paid for by taxpayers.
If this measure had been in effect,
it’s clear in my mind that Jerry
would be living in a group home
somewhere, and I would have never
found out what really happened
during my childbirth.
It shouldn’t be up to insurance
company executives to decide what
happens to children like Jerry when
mistakes are made. Those decisions
are better made by juries — people
like you and me. People with no fi
nancial interest in the outcome.
Let’s not change that system. Let’s
not change our constitution.
Kathy Brooks lives in Portland.
Despite imperfect choices, vote
Kerry now, support Nader later
With a majority of Americans dissatisfied
with the direction of our country, the unspo
ken truth is that neither Kerry nor Bush nor
Nader represents the visionary leadership
that America needs. While Nader can be far
more frank with Americans on many issues
INBOX
than either of the other two, he is also being
self-deceptive about his impact on America's
direction. We absolutely need a teller of un
varnished truths, but we cannot afford to let
the ideal become the enemy of the possible.
Before we can take the first step in the right
direction we must end our sprint in the wrong
direction. We have seen where George Bush
has led us, and if you have been paying
attention, you can imagine where Bush,
Cheney and company would take us given four
more years without having to worry about get
ting re-elected. John Kerry is an imperfect can
didate in an imperfect party in an imperfect po
litical system. But the alternatives to each must
be considered before deciding to cast or with
hold your vote. The choice is not between Ker
ry and Nader. It is between Kerry and Bush.
Vote on November 2 and make sure your
vote counts toward steering America in a new
and sensible direction. Then, after the elec
tion, help Nader or McCain or Dean or
whomever you want, to shape and advocate
for the real changes that are necessary for a
secure, peaceful and sustainable future.
Mark McKinney
Portland, OR
Sidewalk Etiquette
PRESENTED BY UNIVERSITY OF OREGON DEPARTMENT OF PUBLIC SAFETY
Riding a bicycle to and from the
University campus is a great way to
travel. We encourage its use, but we
all need to keep in mind the
| equipment, rules, and regulations
to make bicycle riding fun and safe.
Equipment
Make sure the bicycle you are operating is in good
working order and adjusted properly.
<56 Make sure the bicycle you are riding is
equipped with brakes adequate to skid on
clean dry pavement.
c56 Starting one-half hour after
sunset a headlight must be
visible 500 feet ahead and a red
reflector visible 600 feet to the
rear. Those who fail to display
the light and reflector are subject to citation
and fine.
<56 Protect your life, wear a helmet.
Bicycle Licensing
All faculty, staff and students who operate, store or
park bicycles on the University of Oregon campus
must register their bicycles with the University of
Oregon Department of Public Safety.
Unregistered bicycles are subject to
citation and fine.
Bicycle Parkin?
Bicycles shall be parked, stored
or left outdoors on the University
campus only in areas specifically
designated by the presence of bike
racks or other devices for the parking of bicycles.
However, bicycles may be stored, parked or left in
any area or room which has been assigned to the
registered bicycle owner, e.g., office, residence
hall, or student family living quarters.
Bicycles may be cited and fined or impounded if:
<56 Trees, handrails, hallways, parking meters or
signs are used as a bike rack.
(56 Parked or stored in such a way that a safety
hazard is created.
66 Bicycle is blocking a walkway.
Bicycle Use on Campus
In addition to the state laws and
city ordinances governing the
operation of motorized and non
motorized vehicles, the University of Oregon has
its own set of rules and regulations that must be
followed for your safety and the safety of others.
Bicycles involved in a collision are required to
render aid as appropriate, call the UO
Department of Public Safety, and remain at the
scene until released by an officer.
Those who fail to observe the following rules are
subject to citation and fine.
66 Bicycle riders must proceed cautiously at
all times, and are not to exceed the
posted speed
of 15 miles
per hour. M, A
<*> Walk your Jff Jfc m M wff
bicycle on W W W W W
sidewalks.
66 Riding a bicycle on sidewalks, walkways and
landscape is prohibited, except on
designated bike paths.
66 Bicycle riders must yield right of way to
pedestrians and disabled persons at all
times.
66 Bicycle riders shall use the designated bike
lane when classes are in session.
Roller Skates and Skateboards
Skating across the University
campus can be a fun and easy way
to get from class to class.
Remember, you share the campus
with many others. Roller skate or
skateboard cautiously. Here are a
few facts to keep in mind as you
skate across campus.
Skaters who fail to observe the
following can be cited.
56 A. helmet and pads are
suggested for safety, but not
required.
56 Use of roller skates or
skateboards within University
buildings is prohibited.
<56 Aerobatics or other stunts are prohibited.
56 Users of roller skates and skateboards must
yield the right-of-way to pedestrians.
56 All skaters and skateboard users must obey
all campus stop, yield, and dismount signs.
56 Skateboarding or rollerblading is prohibited
on sidewalks.
Citation Schedule
Bicycle, Roller-skate and Skateboard Fees
• Failure to obey “Dismount and
Walk” sign.
• Blocking Violations
(traffic, ramps, entrance/exit).
• Prohibited Parking
fno bicycle parking sign, yellow zones,
landscape area, library area).
• Unauthorized storage.
• Impound Fee.
• Failure to register bicycle.
• Failure to yield to a pedestrian.
• Skating in a building or structure.
• Acrobatic or stunt skating.
If you have any questions, stop bv the
Department of Public Safety
Straub Hall * 1319 E. 15th Ave.
orcall 346-54U
safetywebdDuoreqon.edu
Any University public safety officer or other person specifically author
ized by the Director of Public Safety may impound any parked, stored
or abandoned bicycle causing a safety hazard or cite any bicycle rider
who violates University bicycle rules. *
University public safety officers or other personnel authorized to
remove and impound bicycles shall not be liable to the owner of the
securing device.
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I University of Oregon Bicycle Regulations |