DRUG TESTING A GOOD THING

The East Noble school board voted unanimously Thursday to reinstate its
random drug testing policy in the fall of 2002 for students participating
in extracurricular activities and those driving to and from school.

The board had instituted a similar policy in January 2000, but the program
was deemed illegal by appellate court action. East Noble discontinued its
drug testing policy in December 2000.

On March 5, the Indiana Supreme Court ruled that such testing was legal.

Opponents argue that random drug testing violates the Fourth Amendment's
protection against unreasonable search and seizure.

We disagree. There is nothing unreasonable about trying to make sure those
who drive to school (an option on their part) or participate in
extracurricular activities (an option on their part) are free of drugs.

Students who are free of illegal drugs are less likely to have an accident
driving to or from school. Students who are free of illegal drugs are less
likely to cause an incident while participating in an extracurricular activity.

The East Noble school board did the right thing in January 2000. It did the
right thing Thursday.

Area doctor caught in major state issue

In the complex legal story surrounding Dr. Kenneth Chaffee of Auburn, one
fact is getting lost:

Dr. Chaffee has not been found guilty of malpractice.

Chaffee is at the center of a court case that holds huge significance for
medicine in Indiana.

But so far, the landmark case is about what would happen IF he were judged
guilty of malpractice.

The process of deciding whether Chaffee committed malpractice has not even
begun. A decision by a medical review board is likely still a year away.

Chaffee's case is making headlines because of what essentially is a side
issue to the question of malpractice.

It's a whopper of a side issue.

A Butler woman, Heather Seslar, wants to sue Chaffee for the full cost of
raising her child from birth to adulthood.

According to her lawsuit, Chaffee attempted to sterilize Seslar in 1998. In
spite of the surgery, she gave birth to a child in 1999.

Seslar sued Chaffee, but the entire process got sidetracked by the question
of how much she can ask in damages.

For many years, the accepted rule in Indiana said Seslar could sue for the
costs of her pregnancy and childbirth.

Seslar and her attorney, John Grimm of Auburn, are attempting to set a new
standard of damages continuing beyond birth. Four other states reportedly
allow the kind of damages Seslar is seeking.

Changing the law as Seslar asks could have serious consequences.

It could cause insurance rates for obstetricians - already astronomical -
to soar even higher.

It could cause some doctors to decide they won't perform sterilizations
because the risk of lawsuits is too great.

It could push medical costs even higher at a time when society can scarcely
afford that.

In spite of the high stakes, a respected DeKalb County judge and the
Indiana Court of Appeals sided with Seslar. They ruled that she should be
able to sue for the full cost of raising her child.

In a positive development for Chaffee and other obstetricians, the Indiana
Supreme Court has agreed to review his case. That creates the possibility
that the Supreme Court could overturn the earlier decisions.

What's unlucky for Chaffee is that his malpractice case became statewide
news - instead of just one of the many routine malpractice lawsuits filed
every day.

In Chaffee's case, the side issue affects everyone. Its importance dwarfs
the question of whether he committed malpractice - which affects only him
and Seslar.

The controversy even obscures the fact that Chaffee still is not guilty.

Chaffee's medical colleagues in DeKalb County are leaping to his defense.
Three have written letters to the editor defending him.

3He does enjoy the unanimous support of the medical staff,\ said Jack
Corey, president of DeKalb Memorial Hospital in Auburn. 3He's a good
doctor. He enjoys the respect of an awful lot of people.\

Some patients who have confused the issues may be shying away from Chaffee,
Corey said. Corey believes that's unfair.

Many doctors get sued overr accusations of malpractice. Few get the kind of
publicity that has come Chaffee's way.

Publicity does not equal guilt, and during the long wait for a decision on
Chaffee, he deserves the presumption of innocence.