Santa Cruz Sentinel from Santa Cruz, California • Page 8

Thursday, March 6, 1980 Santa Cruz Sentinel 11 High Court To Decide On Cancer Warning but might be in others. He asked the court to roll back current standards so that doctors would have to warn of the risks of treatment only if it was reasonable to do so. Hons in four years, asked. "Is it any more of a burden for a doctor to tell a patient that if they refuse a procedure they face certain dangers?" Hermansen said the burden wouldn't be great in this case. LSI ille for hooveb APPLIANCE QUALITY AT WS3 mm 0 ill SACRAMENTO (AP) The state Supreme Court is being asked to decide whether doctors should have to tell patients of the risks of not taking simple diognostic tests.

Doctors must already advise patients of the risks of treatment or non-treatment, or face lawsuits for failure to obtain "informed consent" if the treatment results in injuries. The question is whether a doctor should face the same liability for not explaining to a patient that a recommended diagnostic test can detect cancer or some other serious disease. Both sides were argued Wednesday in the case of Rena Truman, 30, of Butte County, who died of cervical cancer in 1970. seven years after first visiting Dr. Claude Thomas, a general practitioner from Gridley, for obstetrical care.

The lawyer for Mrs. Truman's family, Arne Werchick of San Francisco, contended that instead of "informed consent." the doctrine might better be called "informed choice: the right of the patient to have enough information to reject the doctor's advice." In the 1978 trial of the Truman suit against Thomas, the physician testified that he had urged Mrs. Truman several times during a six-year period to have a Pap smear, a simple test that can detect cancer of the cervix in an early stage. Thomas said she told him she didn't want to take the test because it cost $6. Medical authorities say cervical cancer is almost 100 percent curable when detected early, but by the time Mrs.

Truman's cancer was found, it was too late. Werchick said he found Thomas' statement that he had urged her to take the test "incredible." He said the jury should have been told that the doctor was negligent for not telling the patient the reason for the test to detect cancer so that she could make an informed decision on whether to take it. The Butte County Superior Court judge refused to give such a jury instruction, and Thomas won the case. Thomas' lawyer, Gerald Hermansen of San Francisco, said the doctor had been a friend of Mrs. Truman's and must have been aware that she knew the purpose of a Pap test.

Hermansen also said it would be wrong for the court to impose an additional duty on doctors. "There's a problem with us as lawyers and you as judges imposing a standard on doctors without knowing the medical consequences," he said. Hermansen said similar standards aren't applied to others: A gasoline station attendant who told a client his brakes needed work, and said nothing more, wouldn't be liable if the brakes failed. Justice Mathew Tobriner objected, "This is a profession, and a doctor knows things the ordinary person doesn't." Chief Justice Rose Bird, who has had three cancer opera- Curb Hasn't Sold Record Companies Mr. Sulu Decides Against Running For Assembly Seat SACRAMENTO (AP) Mr.

Sulu of Star Trek" is beaming back to the Enterprise for his rerun residuals and an ex-Assembly spouse is demonstrating that politics makes estranged bedfellows. This is the latest drama in the continuing saga of the 1980 Assembly election races. George Takei, the actor who plays Mr. Sulu in the "Star Trek" television show and movie, said Wednesday that he won't challenge Assemblyman Mike Roos, D-Los Angeles, after all. Roos said he was relieved.

Gil Egeland of San Jose said Wednesday he would run for the Assembly seat being vacated by his ex-wife, Leona Egeland. She had no comment. Egeland was the second ex-spouse this year to attempt to save taxpayers' money by not having to change letterheads or nameplates. Beverly Nestande of Orange County is seeking the office vacated by her former husband, Assemblyman Bruce Nestande, R-Orange. He is running for Orange County supervisor and is supporting her in her campaign.

Takei had announced last month that he was seeking the Democratic nomination for Roos' 46th Assembly District seat with the backing of Assemblyman Howard Berman, who is challenging Speaker Leo McCarthy for the Assembly's top job. Roos, seeking his second full term, has been a McCarthy backer in the three-month battle. Berman, D-Los Angeles, had the support of the majority of Democrats, but not enough votes in the entire Assembly to oust McCarthy, D-San Francisco. The two are concentrating on electing backers this year to renew their fight when the new Legislature convenes in December. Takei, a member of the Southern California Rapid Transit District board, said Wednesday he had decided that "this is the wrong time to interrupt my career as an actor and author." He also mentioned Federal Communication Commission rules that would mean lucrative "Star Trek" reruns would probably have to be removed from Los Angeles television during the campaign.

Egeland, a San Jose mortgage broker, said Wednesday he decided to run for the Democratic nomination for the 24th Assembly District when his former wife "pulled out of the race. I looked at the candidates and felt I could do a better job." He said he had not talked to Ms. Egeland, D-Morgan Hill, about his candidacy and was not asking for her support. Ms. Egeland said Tuesday she would not run again because she needed "a sabbatical" to "regain my perspective as a community member and a family member." Egeland said he was probably more conservative than his ex-wife in fiscal matters and said "the Democratic Party is in need of a new direction in terms of fiscal policy." The filing deadline for legislative seats is Friday.

However, since Ms. Egeland as an incumbent is not running, filing is open five more days and anyone can run, even persons who did not file declarations of intent last month. The State Has Deficit In School Aid Funds High-performance CONVERTIBLE Upright with EDGE LIGHT All-steel agitator Ball bearing agitator has re-placeable brushes you can change. 15 qt. bag rAM BS mi bm capacity 600 sq.

in. filter area. You'll like the quick clean bag change systeml Tip-toe carpet selector No bending over! Shifts instantly for any carpet. Indicator shows setting. Lighted edge cleaning Illuminates edges while suction gets dirt and dust right up to baseboards.

VL- a PORTA- Tir. POWER If VACUUM CLEARER! that I am devoting full-time to the lieutenant governorship." Asked specifically what steps he had taken to get rid of his holdings and how much of his SACRAMENTO (AP) -When Republican Lt. Gov. Mike Curb ran for office in 1978, news stories quoted him as saying he would divest himself of his record company holdings or put them in blind trust. Curb's annual financial statement shows that he still interests he had sold, Curb de clined to answer.

Nor could he estimate how many hours he still devotes to the recording business. percent. The notices were sent Curb added, "I really think Dirt finder headlight Wide-tread wheels Full furniture guard Comfort contour grip 3-position handle Quick-releas cord that to go beyond that is im proper. It violates the rights of individuals and the basic rights Seal attachments wj't jjk of privacy that one has. He said he thought he held the title of president or chairman of the companies, and was "consulted and am active in certain areas." holds investments of more than $100,000 each in two companies: Mike Curb Records Inc.

and Mike Curb Productions Inc. The report also lists him as chief executive officer of both. But Curb told reporters Wednesday that he is making "substantial progress" toward selling his holdings. He also said his listing as chief executive officer is wrong and that his attorney of many years, Richard Whitehouse, is carrying out those duties. Curb said, "I do not think anyone in this state expects someone to divest himself of absolutely everything.

"Obviously I still have assets, and I do not believe there is anyone who does not believe Largest Readership In The Countyl Dial 426-8000 Clean carpets floors with one Cleaner! SACRAMENTO (AP) -There's a deficit of $162 million in the state school fund, meaning most of the 1,043 school districts are getting less aid than they were counting on, officials say. The assistant chief of the Bureau of Local Assistance in the state Department of Educa-tion, Gary Martin, said Wednesday that the deficit may shrink by $50 million or $60 million by June. But he said that in the meantime, a number of districts may face "severe financial difficulty." Martin said school districts applied for more money than the Legislature appropriated. One reason was that court-ordered programs, particularly busing for integration in Los Angeles, are costing more than expected. The schools were to have received $5,845 billion this year from the state, which now pays four-fifths of their costs because local property tax revenues were cut 57.

percent by Proposition 13. Martin said that except for a few districts that were guaranteed increases, every district will have its requested state apportionment reduced by 3.4 last week. It's an acute problem for districts that used up their reserves in the Proposition 13 squeeze. In San Francisco, Superintendent Robert Alioto said Wednesday that 125 more teachers and administrators must be laid off to make up for a loss of $3.4 million. Alioto said the district was already planning to send layoff notices to 475 teachers and administrators and 100 other employees because of an expected deficit of $18 million.

He said the additional cuts will leave the district with 3,200 teachers compared to 4,500 three years ago. "This is really cutting into the curriculum. Every cut we make is affecting the students," he said. Alioto added that he was "not that optimistic" that the deficit would be reduced by June. Martin said the state believes the districts underestimated the amount of property taxes they will collect.

He said another deficit showed up at the same time last year but was nearly filled by June. Self-propelled CONCEPT ONE TM THE Cleaning System Quadrat. ex agitator deep cleans with double the brushing grooming action of previous models. Edge cleaning 1 I 1.1 edge brusher deep cleans d'A Lit II close to the wall. Automatic carpet adjustment adapts cleaner to most carpet.

Special plush shag settings! 3.4 PEAK H.P. El 13 QT. All Stool A1lor Ifl A I Molar "It Booll AlltSwoopiAtltCloam" Curb Endorses Gann SACRAMENTO (AP) Proposition 13 co-author Paul Gann can "identify with voters of both parties" and has the best chance of unseating U.S. Sen. Alan Cranston, says Lt.

Gov. Mike Curb. Curb, California's highest-ranking Republican, gave Gann his endorsement Wednesday at a news conference billed as the kickoff for Gann's campaign for the GOP nomination. It was Gann's third announcement that he will run in the June 3 primary. The 67-year-old former car and real estate salesman said in December he would seek the Senate seat, and last month he held a news conference when he paid his filing fee.

More appearances similar to Wednesday's are planned for many other California cities. Gann said when asked why he was holding so many kickoffs, "We would like for everybody to know that we are in it for real. We would like people to know we have support coming from people like the lieutenant governor." He said he also had the backing of San Diego Mayor Pete Wilson, Assembly Republican leader Carol Hallett and 26 other legislators. Other potential or definite GOP candidates include state Sen. John Schmitz of Corona del Mar, former Los Angeles Mayor Sam Yorty, and James Ware, the GOP candidate for controller in 1978.

Candidates have until Friday to file their papers. 16 qt bag capacity more cleaning per bag! You'll like the Quick Clean bag changer. Twin lamp headlight Broad, bright beam of light helps seek out litter. Soft touch cord rewind Controlled rewind for smooth retraction. A NEW RESTAURANT FIND US AND YOU'LL NEVER FORGET US Goes from carpet to bare floors without special attachments Complete with Attachment! with trade Limited supply UPk 'til I Complete with 5 piece Power-seal Attachments with trod Ml I ii laiitvauv nr.MII MAKt IH5IWI WW! to Mi APPUArKEYV 1531 Pacific Ave.

(Garden Mall) 426-0585 HOLLOW-CORE DOORS ft IDEAL FOR STUDENTS! I. VISA BANKAMERICARO From Highway 1, take the Capitola Soquel exit to Bay Avenue towards Capitola. Turn left on Capitola Avenue (at the Post Office) and drive up the hill to The Carriage House Restaurant on the left. 911 Capitola Ave. Capitola, Ca.

(408) 475-9174 433 Main St. (next to Ford's Dept. Store) 722-3391 DALY 1 SAT. 130-5-SW 9-5.