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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (Oct. 27, 2004)
Haunting Halloween hoopla I Section B An independent newspaper unvw. dailyemerald. com Since 1900 | Volume 106, Issue 43 | Wednesday, October 27, 2004 ★ AMERICA VOTES 2004 ★ Closing arguments on medical lawsuits Constitutional rights and the availability, cost of health care key issues surrounding Measure 35 BY JARED PABEN NEWS EDITOR Measure 35 proponents tell stories about foolhardy multimillion-dollar settle ments for victims of medical mistakes, rising insurance costs that drive away doctors and a state left with dangerously few health care providers. Measure 35 opponents tell stories about lives ruined by the mistakes of a it % few bad doctors, a callous health-care system that tries to push it under the rug and insurance companies escaping desper- W ately needed reform. On Tbesday, Oregonians get to decide which 1 story they subscribe to and whether they want 1 to support a $500,000 cap on noneconomic damages awarded to victims of a health care provider's negligence or recklessness. The meas ure states that the cap would apply only to non economic damage awards, such as pain, mental suffering, emotional distress and personal costs. The measure would not limit awards reimbursing people for medical and health expenses, loss of in come and other expenses. Both sides agree there is a lot at stake in the complicated issue. Proponents say the availabil ity and cost of health care for all Oregonians is at stake, while measure opponents argue that our constitutional rights are at stake. Measure proponents Spokeswoman for the Yes on 35 campaign Kelly Stoner said her campaign is a doctor headed effort to fix Oregon’s health care crisis. Because of the high costs of malpractice insur ance and the risks of getting sued for large sums, doctors are flocking from Oregon en mass, leaving many areas without adequate protection, she said. For example, in the last five years or so, Oregon has lost about 34 percent of its obstetricians, and there are only 51 neurosurgeons left after about one-fifth of them left the state, she said. Many commu nities don’t have any care left, she \ said. |1 “Many 1f of the neuro surgeons in Oregon are going to leave if something isn’t done about this crisis,” she said. “It’s about preserving patient access to care ... You never know when you’re going to need a doctor, es pecially in an auto accident.” There are only two neuro surgeons left in Oregon that deal with children, and both are in Port land, she said. This is especially frightening to her because as a young girl she fell off her horse, putting her in a coma for about a week and re quiring care from a neurosurgeon. University Health Center physician Paula Ciesielski wrote in an e-mail interview that the rates for insurance in some specialties can reach $60,000 to $75,000 per year, which leaves doctors with four choices: “They can absorb the cost of the insurance into their practice, they can raise the price of care to re flect the increased cost, they can limit their prac tice to less risky procedures or they can quit prac ticing in Oregon,” she wrote. “In Oregon, I delivering babies is one of the highest risk procedures. If doctors limit their practices, then ac cess for patients is limited. If we can't attract young physicians to the area because of an unsta ble liability issue in Oregon, then we all suffer. ” Stoner said a similar cap on noneconomic damages was put into place in 1987, but the kX Oregon Supreme-Court ruled against it in \ 1999, deciding that the legislature didn’t j have constitutional authority to implement | the measure. Premiums have skyrocketed since the loss of the cap, Stoner said. Eugene neurologist Ray Englander is leading the Yes on 35 campaign’s Lane / County efforts and is on the board for Northwest Physicians Mutual Insurance Jtf Company, a doctor-owned malpractice in ■ surance provider that covers about 23,000 ■ doctors in the state, he said. f Englander said the cap did make a differ ence in keeping rates down and that since then the state hasn’t had a “competitive litigation climate.” Englander said the measure does n’t propose a cap on settlements if the doctor was found to have intentionally hurt somebody and doesn’t propose a cap on punitive damages. Stoner said the oppo sition’s claim that the problem is a few bad doctors raising rates for everybody is false, insisting that over the past 10 years about 95 percent of the claims were filed against doctors with one or fewer previous claims against them. Measure opponents Dylan Malone has traveled around the coun try for years as an advocate for patients’ rights. He and his son, Ian, have appeared in television commercials that have been broadcast across the nation urging support for a national MEASURE 35, page 12A Technology a popular study aid for students In addition to high-tech gadgets, many students also turn to academic services BY ANTHONY LUCERO NEWS REPORTER For some students, a study aid is a load of caffeine and staying organized involves an old notebook with messy handwriting sprawled with lists of facts and figures to memorize. However, many students at the University are employing technology both in and out of the classroom to help them un derstand or organize the material. The Digital Duck at the University Book store is the first place most students go to grab the technology that will help them get their work done. “The products we sell most are iPods and Apple Computers,” said Rachel Drummond, a Digital Duck employee. “These students come in and when they want a computer for school, they are looking for ones that they can write their essays on, listen to music and STUDY AIDS, page 6A UNDERSTANDING THE ELECTORAL COLLEGE Electoral equation: population equals power Each state is allocated a number of electors equal to the number of senators (always two) plus the number of its representatives. However, the congressional leaders are not electors. Electors are generally nominated by parties at the conventions. The presidential candidate that gains the majority of electoral votes wins the election. Population, not land A state s congres sional delegation Is determined by its general popu lation, last count ed by the Census Bureau In 2000. States with higher population rates have more repre sentatives. ■I People 1 Square miles 18 representatives : 20 I electoral j — votes ! 44,82* 2 senators: |l4mUHon 83,574 2 senators: 2 representatives Stately-state number of ateetora ami veto requirement* In 48 states. the winning ticket's nominated electors are also elected, In effect, whichever presidential tlckot gets tha moat popular voted win* all tea state d electors, CD Majority winner take* all. but elector* are not legally bound to vote for a spe cific candidate El TVvo vote* go to overall win* ner of etete and remaining vote* go to winner of the district HI Majority winner take* ail and electors are legally bound or pledged to vote ter a •pacific candidate £□ Saltei mea sure this year could distribute votes to district winner Majority of votes wins •tocttan ■1 Majority CZ3 Total votes This ysar tw Teddy Rooseva* aw 336 votes ■■MMEE! *7* lilt Abraham UiortVife v&m mm ** »w ffi* George vmm roundfi itiitcri ttectoul The Electoral CoHoqo wm **taW»*hed by the founds a* i rytrififm^co fratwaon otrctoon lor the pratfJai# by Ccnqr*** and election by pope My vote, AlftVfiiviAf Mty*ni#r>n ui<»^ fimuonn the ftrst to write #mA the concept of electors in the Federattet Papt Students concerned about lost ballots Improper registration, such as a wrong address or county, has nullified several ballots BY MORIAH BALINGIT NEWS REPORTER Despite the approaching election dead line, many students have still not received their ballots, said ASUO Legal Services Di rector Ilona Koleszar. Koleszar said this is often due to students filling out voter registration forms incorrectly. “If a student listed inconsistent address es, the election office flagged it as a ques tionable application,” she said. “If a student did not list all of the information requested, the election office won’t register the voter because the registrant failed to meet mini mum requirements for registration.” Courtney Hight, the Oregon Student Asso ciation Campus Organizer, said another rea son students may not have their ballots is if they listed incorrect addresses, or if they listed an address in another county. Hight said she contacted the Lane County Elections Office when concerned students informed her they still had not received their ballots. “According to them, they’re still sending out ballots," she said. However, Lane County Elections official Annette Newingham said people who haven’t received their ballots should call the office “sooner rather than later.” Koleszar urges students who did not re ceive their ballots to go in person to Lane County Elections on 275 W. 10th Ave. to veri fy if they’re registered to vote in this county. If they are registered, they should ask for a re placement ballot. If they find that they’re not, they should ask for a provisional ballot. But two students who followed this ad vice said they were told they could not re ceive these ballots, Koleszar said. She added that she thinks this happened because re ceptionists at the elections office were mis informed. Jed Barden, a University law student, said he and his wife registered to vote in the ASUO office but never received their ballots. “We went down to Lane County Elections last Thursday and they told me I was pretty much out of luck,” he said. Barden, who is registered to vote in Washington state but was trying to change his registration to Oregon, said he was also denied a provisional ballot when he re quested one. “The problem with the provisional bal lots is that the people at the elections office didn’t know how they worked,” he said. Lane County Elections Supervisor Roxann Marshall said if some part of a person’s eligi bility is in question, they can receive a provi sional ballot. The office will then research their eligibility after the election to determine whether the vote will be counted or not. “In the meantime, we don’t want to dis enfranchise voters,” she said. Marshall said she didn’t know why Bar den was denied a provisional ballot, but added the concept of provisional ballots is fairly new. “I have a lot of new staff that aren’t famil iar with all the laws,” she said. No one at the office could figure out BALLOTS, page 6A
