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Monday, April 21, 2014
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Published: 11/7/2003

A no fault system for the injured

A pox on both their houses! Senate Majority Leader Bill Frist is reported to have urged Ohio physicians to “put their money and their professional clout” behind federal tort reform as a way of solving the medical malpractice crisis.

This is one physician who will not be jumping on that bandwagon. What are the facts? Yes, medical malpractice insurers are squeezing physicians with rapidly escalating premiums.

Some, including me, have had to stop performing procedures associated with huge malpractice claims. Yes, the trial lawyers and their clients are filing frivolous suits, hoping to hit the jackpot.

Yes, patients are sometimes injured. But this begs the question, what are malpractice claims doing in the court room in the first place?

It is based on the assumption that when something bad happens, someone must be to blame. The sad truth is that life is fragile, bad things happen, and most of the time they have nothing to do with a physician s lack of skill or judgment.

We need to move from a culture of blame to one that recognizes the inevitability of injury, and institute a “no-fault” system to compensate the injured.

This will avoid the two extremes that have discredited the current system: the “casino” mentality of the trial lawyers and those unfortunate folks who are injured and do not ever get the compensation they deserve because their case wasn t big enough for a lawyer to take or because the jury s emotions clouded their judgment.

And for those physicians who are truly incompetent, the state medical boards have the duty and authority to remove them from practice.

ALLAN J. WILKE, MD

Maumee

I d like to commend The Blade and Dave Yonke for the lovely obituary for Rusty s Jazz Cafe.

Rusty s was a member of our family. Because we felt the cafe was a way for our children to experience, firsthand, an important American art form, we frequently visited together. Son Adrian went off to military training with a lovingly signed and treasured photograph of Carol, Ms. Monroe s longtime friend and waitress, from Carol s days as a nationally known burlesque dancer.

Husband David frequently provided day jobs for Rusty s musicians and well-known habitues. We celebrated summers with club musicians and fans at barbecues in our back yard. Rusty s Jazz Caf was an extension of our lives rather than a mere night out.

We ve been in mourning for the loss of this jazz institution since Ms. Monroe sold it. It s nice to know we aren t alone.

HARRIET WARNOCK-GRAHAM

Maumee

First we put the small businessman out of business, then we ask him if his business was affected by the smoking ban. He doesn t answer his phone as he is busy hiring help to build his new bar in one of the suburbs.

We then contact his laid-off staff and they are now working in Michigan or the suburbs or drawing unemployment.

Now we ask about compromise city council legislation and are told they are working at securing high-tech jobs by giving insurance to the unmarried partners of city employees courtesy of Wade Kapszukiewicz.

This is confusing as we were not aware that the city had any city jobs of a high-tech nature that were available. All those laid-off wait-staff would love those jobs. We could get them jobs working the conventions, but they don t want to come to Toledo anymore. Maybe one of the new bowling alleys that will be erected in Temperance or Maumee will hire them. Tips would be available there since they aren t in Toledo anymore.

When the new rule goes into full effect then these new out-of-Toledo businesses will pay taxes voluntarily to Mayor Ford and his political minions.

Yeah, right.

JAMES YAPLE

Pennfield Road

We have all witnessed flooding of the Maumee River because of continuous rains. This is not unusual; it happens periodically. Think about where these waters have come from and what has been swept and carried away in these waters. Some of this water has been carried a great distance.

It is very possible that with significant amounts of rainfall, manure lagoons holding millions of gallons of liquified manure (raw sewage) could overflow and be carried away. Also, very frequently the large amounts of manure spread on fields enters into our waterways, from which many communities get their drinking water.

Recently I witnessed one farmer pumping his full manure lagoon directly into the nearby ditch. This is not legal. So much for the Clean Water Act.

So why aren t these mega-farms with their millions of gallons of raw sewage required to treat it before sending it downstream? Why are these mega-farms not held responsible for releasing raw sewage into our waterways? There are so many of them; how many are enough? Surely, the bottom line has become greed. These mega-farms should be held responsible. What will we do when there is no more clean water?

LYNNE MEY

Lyons, Ohio

OK, what is next for the state government and police to enforce to make a little money for new courts, pay raises, and their other needs. I could not believe the article about electric and gas-powered scooters and needing a license, turn signals, lights, etc.

It is just another way for the state to make money. Give the kids a break. They aren t out to harm anyone and if they have responsible parents, they are warned of the dangers and the consequences if the rules are broken.

If the state and the police really want to make some money, fine any child s parents who celebrate Halloween, Christmas, and his or her birthday. They could make a fortune there. Ride on, kids!

KEVIN CUMMINGS

Holland

The Second Amendment states: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The so-called “law-abiding citizen” who wants to carry a concealed weapon tends to omit the crucial first half of the Second Amendment - the words referring to a “well-regulated militia.” Since this is the case, just think about what laws and parts of the laws they might omit to justifiably use their guns.

When the U.S. Constitution was adopted, each of the states had its own “militia” - a military force composed of ordinary citizens serving as part-time soldiers. The militia was “well-regulated” in the sense that its members were subject to various requirements such as training, supplying their own firearms, and engaging in military exercises away from home. It was a form of compulsory military service intended to protect the fledgling nation from outside forces and from internal rebellions.

According to the Florida State Division of Licensing, from April 30, 1997, through Jan. 31, 2000, 1,041 “CCW” license-holders had their licenses revoked for committing crimes after they received their license.

In August of 2000, the Texas Department of Public Safety found that CCW license-holders were arrested for a total of 3,370 crimes between Jan. 1, 1996 and April 30, 2000, a rate that was 66 percent higher than that of the general population of Texas.

An April, 2001, report states “that scores of Utah residents are having their concealed-gun licenses revoked for criminal violations, an increase of 241 percent from the year before.”

The vast majority of the American people do not want carrying concealed weapons legalized, so just keep them out of Ohio.

DON KOSMIDER

Monclova

The thinkers

Democrats are called liberals.

Republicans are called conservatives.

Independents are called thinkers.

JIM ERSKINE

Colima Drive



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