The Blue Banner
Thurs.. May 5.1994
Local attorney addresses healthcare reform issues
Robin Burris
Staff Writer
Victor W. Buchanan, an Asheville
attorney who has taught health care
management at UNCA, discussed
medical malpractice reform as
proposed in the Clinton health care
system last Thursday night, Buchanan
talked about what the Clinton health
care plan has suggested on how to
handle the subject of medical
malpractice. We should look at health
care reform from every angle, said
Buchanan.
“The word 'reform', it’s legal
definition, means to correct, but also
to rectify, or to amend, or to remodel,”
said Buchanan. Politicians “want
people to think that when we talk about
reform, we’ re talking about correcting
something, but we also want to keep in
mind that it might be remodeling
something which might not be positive.
It might be negative,” said Buchanan.
The “creation of alternative dispute
mechanisms” is already being
practiced without the need of federal
legislation, according to Buchanan.
This requires consumers to submit
claims against providers, said
Buchanan.
Buchanan said that the way it is
worded, itsoundsasifconsumersdo
not want this. “By and large, patients
who have a claim against a physician
or a hospital want to do that. They
have always wanted that,” said
Buchanan.
“What this, in effect, does, it
requires the providers to talk to those
who have claims, which is good.
That should be no problem. It is
always better to talk than to fight,”
said Buchanan.
“Litigation should always be a last
resort,” said Buchanan.
If the consumer wants to pursue the
matter incourt,heisatan economical
disadvantage, according to
Buchanan.
Bucanan said that there are
congressional proposals that, if the
consumer loses his case, he has to
“pay the fees that were incurred by
the other side.”
“Now that sounds good, in theory,
and this is something that the
insurance industries have always
wanted because the consumer is put
at a disadvantage,” said Buchanan.
“The.reality of a malpractice claim
is that, in any claim of a malpractice
claim from the institution, the
insurance carrier will have basically
unrestricted resources for that
particularcase, whereas theconsumer
does not,” said Buchanan. This could
make a person question taking aclaim
to court because of the costs he would
have if he lost the case.
“They don’t have the financial
resources,” said Buchanan. A person
may have a very serious claim, “but
they can’t run the risk of total
economic disaster," said Buchanan.
A requirement of a certificate of
merit is another proposal by Clinton,
saidBuchanan. A form of this already
exists, said Buchanan.
When a person goes to an attorney
and says that he is injured due to a
physician, the attorney has to get a
“medical expert” to verify the claim,
according to Buchanan. Clinton’s
proposal would make this more
formal, according to Buchanan.
“There is no limit on what that
specialislcan charge for that affidavit.
Already, it’s very expensive for the
consumer/patient to obtain the expert
information from a physician, said
Buchanan.
“But now the physician that provides
that evaluation can say, 'I have to sign
this legal, formal document,' and so,
therefore, it’s going to cost you more
than in the past,” according to
Buchanan. The affidavit could cost
the consumer more, due to this
proposal, according to Buchanan.
Tracking repeat offenders is another
suggestion in the Clinton health care
plan, said Buchanan. “This is
important. This is something that
should have been done a long time
ago.
“The Department of Health and
Human Services will establish rules
for public access and information
contained in the National Practioner
Databank. It says we’ve reformed it,
and we’re going to track repeat
offenders,” said Buchanan.
There is the question of how
consumers will get the information,
said Buchanan. “And how many times
do you have to amputate the wrong
leg until you’ re a repeat offender? Is it
three strikes, does it take five times,
six times, ten?,” said Buchanan.
There is also a question as to what
happens when reports about a doctor
aren’t made. Will there be any action
taken against a person for failing to
make a report, said Buchanan.
The UNCA delegation to the North Carolina Student Legislature recently passed the following resolution;
RESOLUTION CONCERNING THE ANIMAL POLICY
AT THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE
WHEREAS: A significant amount of pets are present on the UNC-Asheville campus on a regular basis; and,
WHEREAS; Animals may be dangerous or may carry diseases; and,
WHEREAS: Many pet owners who bring their pets on campus are in violation of the animal restraint policy of the
city of Asheville; and
WHEREAS: It is difficult for the University of North Carolina at Asheville’s Department of Public Safety to
effectively enforce the restraint policy of the city of Asheville due to a lack of equipment and
capability to capture and detain animals; and,
WHEREAS: No animal, with the exception of seeing-eye dogs and laboratory animals, is permitted in any
University building;
THEREFORE BE IT RESOLVED that the University of North Carolina at Asheville delegation to the North
Carolina Student Legislature supports a policy which would prohibit the presence of pets on the
University of North Carolina at Asheville, with the exception of seeing-eye dogs, hearing-ear dogs,
and other animals required by handicapped persons, and laboratory animals; and,
BE IT FURTHER RESOLVED that the University of North Carolina at Asheville deligation to the North Carolina
Student Legislature urges the Department of Public Safety and Administration of the University of
North Carolina at Asheville to take measures to inform all students, faculty, and staff of the current
policies regarding animals on campus.
Pregnancy Helpline
Practical Support & Guidance
Free Pregnancy tests
CONFIDENTIAL ♦ CALL ANYTIME
298-9898
Gentle Counsel, Asheville, North Carolina
UNCA BOOKSTORE
DATES TO REMEMBER
WEEK OF MON., MAY 9
Used book buy all week
in front of Bookstore
Hours 9AM - 3PM
SATURDAY, MAY 14
Bookstore open 10-4
Commencement 6PM
SENIOR APPRECIATION DAY
SENIORS...
Caps and Gowns
Announcements...
are still available in Bookstore
TUESDAY, MAY 10 - SOLAR ECLIPSE
SUNDAY, MAY 8
Mother's Day
EXAM
BREAKFAST
May 9th 8:30p.m. - 10:30p.m.
In the Dining Hall
Everyone is welcome!
Take a break from studying and be
served by the eager faculty and staff of
UNCA! The following people have
graciously agreed to serve at this
semester's exam breakfast:
Denise Snodgrass
Robert Yearout
Tom Byers
Jim McGlinn
Pete Williams
Bill Spellman
Carol Schramm
Mike Honeycutt
Dede Allen
Larry Wilson
Bill Hackney
Barbara Halton
Eric iovacchini
Sandy Glass
Dot Sulock
Lloyd Weinberg
Don Lisnerski
Katie Meier
Linda Franklin
Toni llunnicutt
^Jolin White
Laura Johnson
Thanks!
Sponsored by Residence Life
Lecture, continued from page one
dominated, and, for the most part,
all measures of public opinion
showed steady increases in support,”
said Sabo.
In the mid-1960s, “press coverage
was overwhelmingly supportive,
stressing heroic actions of soldiers
and pilots...” said Sabo. He said the
information the public was receiving
was “the impression the
administration wanted to leave.”
Pessimism increased as the war
continued, said Sabo. The battle at
Tet largely contributed to this. “In
short, Tet undermined public
confidence in Johnson’s ability to
govern,” he said.
There were abuses of presidential
power by both Johnson and Nixon
during this time, he said. Two long
term consequences came as a result
of this. New legislation, which made
presidents more accountable, was
passed. Also, Sabo said future
presidents underwent more scrutnity
for their actions.
Among the networks, combat
“footage” declined. Stories of drug
abuse among American soldiers and
of racial conflicts within the army
were prevalent.
Sabo said Americans became
“isolationists” after the war and
were more likely to want their
government to stay out of foreign
policy or involvement in other
countries. He said “the war in
Vietnam critically constructed the
ability of the federal government
to finance a real... assault on
poverty.”
He said America was faced with
a social revolution, in many ways,
after the war. There were draft
protests, increased domestic
violence among blacks, and the
fear of the middle classes of “the
total breakdown of family and
social discipline.”
He said the war created many
changes and drove some of the
American public into the “arms”
of Republicans as a result.
George Yates, assistant professor
of management, said lectures such
as these are funded by the World
Affairs Council. He said
membership contributions are the
only way these types of lectures
can continually be supported.
Commencement,
continued from page one
to the commencement rehearsal. The chancellor’s office also will pay for
a reception for graduates preceding the graduation ceremony.
The commencement speaker this year is Dudl^ Flood, the executive
director of the North Carolina Association of School Administrators, a
non-profit, private organization consisting of secondary education
administrators. A former eighth-grade math and science teacher in Winton,
Flood joined the North Carolina Department of Public Instruction in 1970,
serving in several capacities, including associate state superintendent and
ombudsman to the state superintendent.
He’s been in his current job since 1991. UNCA also will present him with
an honorary degree during the commencement.
Flood is well-known for his talks on educational reform, effective
schools, and cultural diversity, according to a press release.
SUMMER JOBS
STUDENTS
TEACHERS
Turn Your Spare Time
Into Spare Cash
with Olsten!
Earn Extra Income as an
Olsten Assignment Employee.
I,
Select from an interesting variety of long
or short-ternn assignments that fit your
skills and your schedule. Olsten offers M ,
top pay, a weekly paycheck, interesting L’W,
companies, challenging assignnnents and
flexible schedules. You may even qualify
for bonus dollars. Come see us, and make
I your spare time pay off.
704/252-0743
A' Olsten
B .staffing Services*" |
stop by Highsmith Tues. 5/10
jor Wed. 5/11 from 11-1 P.M.
Congratulations To GRADUATES!!
** A SPECIAL GIFT TO YOU **
c\,
PC\Gear 258-0292 (Alex)
Cnmnlete 486 SX-3.3 MHz ISA/VESA-T.ocal Bus System
AMI BIOS, Intel CPU with 256 KB cache, ZIF socket
4 MB SIMM RAM Memory, 250 MB IDE Hard Drive
ViewSonic 14" SVGA 1024x768 .28 dp NI Monitor
32-bit Cirrus Logic SVGA Card with 1 MB memory
32-bit VLB IDE Controller card, TEAC 1.44 MB 3.5" Floppy Drive
Medium-totver case with 230 W Power Supply
MAXI 101 Enhanced Keyboard, MS-compatible Mouse
MS DOS 6.21 & Windows for Workgroups 3.11
Mouse pad. Wrist pad, CPU heatsink/fan
$1.299+Tax
Best Prices (Very competitive compared to Mail Order)
Best Service (Person-to-person friendly &. honest service)
Best Parts (Name-brand components, no exceptions)
***** BEST WISHES *****