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Show WESTERN AMERICANA 6; t nt UjlTPr UtMi of LihrariT, University l 1 . Salt Lk City, Ut"h ft C 4112 Legal Newspaper VOLUME 15, NUMBER 59 FRIDAY, MARCH 26, 1971 SALT LAKE CITY, UTAH LEGAL OF UTAH. SALT LAKE CITY. UTAH UNIVERSITY llils War ' Nuveniber IXtcniber Salt Lake City CALIF. (ACCN) aiftied at establishing Legislation auto ina system of been inhas California in surance Senator troduced by State Anthony Beilenson. The bill, would provide that medical expenses and economic losses resulting from auto accidents be paid immediately regardless of fault by injured parties, and that these be paid by the injured party's t" insurer. Beilenson contends that "our own existing auto insurance system is a total failure. It is wasteful of the public's money and it is unable to provide even at its inflated and extravagant cost, the protection and security it is supposed to give." All Motorists Under terms of the bill, all persons licensed to drive or who register an automobile in California would be inrequired to purchase surance. Beilenson noted that 25 percent of all accident victims under the present system fail to recover a no-fau- lt single dollar. Additionally, he argues that seriously injured victims who do recover under their policies are normally paid only one fifth of actual losses. He added that the time for recovery for these claims generally takes more than a year-and-a-ha- lf. IS Percent Return the almost $2 billion Californians pay each year for auto "Of Malpractice Suit Problem Noted By DRI MILWAUKEE (ACCN)-Physici- ans, lawyers and insurance executives should concentrate upon preventing injury to patients by individual doctors, should combine efforts to lower costs and should shun governmental intervention as the solution to what has been incorrectly termed a "national crisis" in the field of medical malpractice. These are the contentions of Dr. Norbert Enzer, Medical consultant to the Defense Research Institute, Milwaukee, Wisconsin, when writing in the DRI monthly newsletter, For the Defense. Enzer declared, "I do not regard the malpractice situation as a crisis or even as a threat to the welfare of our country or my profession. Because I veiw the malpractice problem as the sum total of isolated independent episodes, it follows that the problem should be solved at the very grass roots namely with the individual practicing medicine. The case arises here and ibis is where one should concentrate to meet the challenge now confronting us as a 'national crisis.' The targets of discussion should not be the medical profession." Enzer denied the charge that acts of negligence by physicians are on the increase when considering the population growth, the expansion of the range of medical activities, the increased public awareness of medical matters, the change in human values and the increased demand on the medical profession. "The actual increase is in the number of lawsuits instituted. Of these, the meritorious cases are a minority, he charged. Enzer also differed with the allegations that doctors practice "defensive medicine" because of the malpractice threat and that patients are subjected to needless in- insurance, only about IS percent is returned to them in payment for that actual net economic loss amount they are really out of pocket," said Beilenson. The legislator noted that under the law that went into effect in Massachusetts this year, the first month of experience showed that claims were down by 50 percent. "No-fauwill offer better protection at less cost," said the Senator. He noted that support for the bill has been offered by the American Insurance Association. Differing Views No fault plans have been a con- vestigationssuch as laboratory tests and unnecessary troversial item both in and out of and y He said, "Some consultations. California for some time. Last hold such doctors views; I submit session several measures were not held by the introduced on the subject but none that they are of the profession." were discussed seriously because majority the governor's Automobile Accident Study Commission had not yet completed its study nor made its recommendations. This year the Commission has reported and has recommended plan in California against a at least for the time being. A State CHICAGO (ACCN) spokesman for one of the large auto insurers on the West Coast notes that Assemblyman Bernard E. Epton Beilenson's claim of support from (Rep.; Chicago), who is a lawyer the American Insurance Association himself, has introduced a bill in the does not by any means indicate Illinois lower House to limit the size 10 support for the measure from in- of law firms to no more than and surance interests generally. lawyers, including partners associates. Larger firms would have Lawyers four years to come into compliance. Thus far in the dispute over the State Bar has taken no Epton's own firm of Epton, Mc& position on the plan. Harold Brad- Carthy, Bohling Druth lists eight ford, legislative representative for partners and seven associates. Reaction to the bill, Epton said, the Bar said that the Bar's Special been "mixed." He noted that, has Accident Automobile on Committee not yet completed "as you might expect, attorneys Reparations has from large law firms are adamant in its study. their opposition." no-fau- lt lt X-ra- Illinois Bill Would Limit no-fau- ... Law Firm Size lt - no-fau- lt, 6J1 . . . . non-prof- - Plansnation's surance expenses company averaged 21.3 per cent of overall 13.2 per cent of group income 45.6 per cent of inand premiums dividual members' premiums. Blue Cross, according to the government study, paid out more in hospital benefits per person than commercial insurance companies. Blue Cross paid out an average of $57.27 per person during the course of the year, compared to the $39.84 paid out under commercial group policies and the $15.77 paid out under commercial individual policies. Intake Outgo The study, by Marjorie Smith Mueller, of the Social Security Administration's Division of e Economic and Studies, Blue Cross while also reveals that Plans took in 19.8 per cent of all the premiums for health care coverage, they paid out 32.7 per cent of all the benefits. Conversely, commercial insurance companies took in 51.6 per cent of total premiums, but paid out only 48.2 per cent of all benefits. "Over the years, consumers have been able to buy health insurance on increasingly advantageous terms in the sense that they get back increasingly more of their premium or subscription dollar in benefits," Long-Rang- says the Social Security 1970 IXienihrx WO (ur laleit month) IVi .m Uijiika Iruin Month 5i 1,519.6 212 280 5.421.4 1.489. 9 6,338.2 192.8 1,189.6 41 10V 2.588.6 J.420.4 Year Ak S.9 14.5 6.9 IB. 2 3.1 20.0 12.4 13.6 24.3 -14.5 21.1 41.5 1.7 12.2 20.6 J04 341 1.824.4 A. -- 0.0 -- 25.2 62.4 24. J l.aat Year November lift 1969 SSI 32 315 539 327 322 1,605.1 1,287.0 175 3.830.2 1U5.4 250 5,466.1 189.3 IBS. 2 1.328.2 34 1,130.4 40 1.260.0 1,721.7 South Vietnam Legal System Builds On Civil Law Base The it 74 Blue Cross paid back in benefits 98 per cent of the money they received from their subscribers in 1969, far more than commercial insurance companies, according to a survey by the Social Security Administration. The current issue of the Social Security Bulletin, published by the Department of Health, Education and Welfare, reports that all commercial insurance companies paid back 84 per cent of the health insurance premiums they received. Expense Breakdown The study also revealed that Blue Cross Plans used less than 6 per cent of their 1969 premium income for operating expenses. (The Plans incurred a net underwriting loss of 4 per cent of income.) Blue Shield used 11.5 per cent of its income for expenses, while commercial inCHICAGO (ACCN) 389 354 IV2.H . Federal Study Gives Plaudits To Blue Cross MD SACRAMENTO, "no-faul- 1970 Uwim. Cummercial Bank (million ul Julian) Drnund Druuaila, Commercial Bank1 (million ul dullard) Time Depomu, Commercial Banks' (inilliuna ul dullait) Bank (million ul dollar-- ) Real Entile Salea: Kumtn'r Value (IhouNarul id dollar) Nun-AgEmployment (Salt l.ake and So. IHitu I minii. ) Ptwtal Rt'iTiptk (Inouaandi of Julian.) New Dwelling Una (number) Tula I IVrinil Cunslmi'liuii (lliouaamlo ot dollar) Bill No-Fau- lt 417414. Local Business Activity COLLEGE OF BUSINESS California's Lawmakers Get NOTKB: Ad- ministration report. Compare Records In 1948, all private health plans, including Blue Cross and Blue Shield, paid out 70 per cent of their premiums in benefits; by 1969, the amount paid out increased to 89 per cent. From 1950 to 1969, Blue Cross operating expenses declined from 8.4 to 5.8 per cent of income. The enrollment in Blue Cross Plans grew from 6 million subscribers in 1940 to more than 70 million in 1969. (The Social Security Administration figures do not include the 19.7 million Medicare recipients served by Blue Cross in 1969.) Blue Cross was also cited by the Social Security Administration last year for its low operating expenses and high benefits paid out of premium income. Vietnam received its (ACCN) civil law system from France, just as the U.S. received its common law system from England. There are also three indigenous law systems, those of the constituent provinces of Tonkin (now in North Vietnam), Annam and Cochin China, differing among themselves in many respects. Even to this day, the law of the Delta differs from the law in the Central Highlands. This divergence will soon be changed as the government of (South) Vietnam is putting the finishing touches on a massive effort to recodify and Vietnamize all the law codes. Constitutional Change The Constitution of April 1, 1967, effected radical changes in the organization and administration of justice. Prior to that date, the Judiciary lacked independent status and functioned under the administrative control of the executive branch of the government through the Ministry of Justice. The 1967 Constitution provides that the Judiciary shall be organized as a separate branch of government with an automonous budget. In this respect, it follows the U.S. concept in' contrast to France where the constitution merely guarantees the independence of the Judiciary but leaves its administration to the Executive. The Courts Court Justices in VietSupreme nam are nominated by their associates the prosecutors and elected by the National lawyers Assembly, and appointed by the President of the Republic. The Associate Justices of the Supreme Court elect the Chief Justice, who serves one year and may be reelected. Thus the role of the Executive in composing the Supreme Court is very nominal compared to the United States. Lower court judges, as in France, are appointed shortly after leaving law school after completion of an examination and a period of probation. The judges are members of a career judicial service in which promotion may be expected through merit. By contrast, in the U.S., a judgeship is often the climax of a practising lawyer's career, often entailing life tenure, but with no assurance of promotion to a higher bench through merit. Administrative Law Like American courts, the Vietnamese Supreme Court exercises jurisdiction over administrative agency decisions. In France, on the other hand, the Council of State oversees these matters. Contrast With U.S. In the U.S. and England, the judge plays a very passive role, leaving to the attorneys or the prosecutors the obligation to call witnesses and to develop evidence through direct and cross-examinatio- n. Civil law countries generally do not have the jury system, although in Vietnam provision is made for several jurors called "assessors" to sit with the intermediate appellate courts in serious criminal trials. In Vietnam there are two regional bar associations organized around the intermediate appellate courts in Saigon and Hue. There is no provincial bar and no nationally integrated bar. Admission from the bar is from law school after testing and a three-yeapprenticeship in the office of an attorney. Lawyer Ratio In 1969, there were about 200 apprentices and about 200 lawyers in the Republic. Some 160 of the lawyers were in Saigon. The ratio of lawyers to population is 1 to 80,000, where the compared to the U-ration is 1 to 800. The adversary system in the UJS. is a partial explanation of the difference, but it must be noted that thousands of Am eric, n attorneys practice part time or not at all. In Vietnam, as in the U.S., there is only one class of lawyer, in contrast to the solicitors and barristers found in England, and their counterparts in France. Notaries in Vietnam and France render many services of a legal nature, such as drafting of contracts and the passing of papers for the exchange of realty. While legal aid societies abound in America, aid to the indigent client in Vietnam is handled on an individual basis by lawyers. Law Schools There are three law schools in the Republic. In contrast to the U.S., admission is direct from secondary school. The term is four years. The law schools are very crowded and could not possibly accommodate the entire student body if they all happened to come at the same time. Attendance, therefore, is not compulsory, but all students are subject to rigid testing. A new and growing concept in helping countries to emerge from colonial status or economic stagnation is that in addition to economic and technical assistance, effort should be made to improve ar S., their legal systems. Vietnam inherited a weak, fragmentary legal and judicial system which was primarily designed to accomplish the political objectives of the colonial power France. The system was an obstacle to national progress. The eradication of that system and the substitution of a more effective one, marked by more democratic is procedures, eliminating another propaganda weapon from the Communist |