“Thirty minutes decision to incision.”
“Yes.”
“Do you agree with that criterion?”
“Thirty minutes decision to incision? I certainly do in this case.”
“Because.”
“Because that criterion was ignored and a birth catastrophe was the result.”
“And you said medico-legal criterion defines good and bad practice.”
“Yes.”
“Beyond thirty minutes is bad medical practice?”
“Yes.”
“It’s medical malpractice?”
“Objection!”
“Restate.”
“Doctor, do you have an opinion based on a reasonable degree of medical probability whether the delay beyond thirty minutes fell below the standard of care?”
“I do.”
“State your opinion.”
“The doctor and hospital were both negligent.”
“Because?”
“The doctor plain wasn’t present. His negligence is plain and simple. The hospital’s negligence is predicated on the fact it wasn’t staffed with an experienced OB to manage this case where the treating didn’t show.”
“Thank you, that is all.”
Morgana spent ten minutes trying to cross-examine the doctor, but he refused to budge from his opinions and was too experienced to be tripped up. She finally, quietly, sat down and said she had no more questions.
* * *
Following the lunch recess, the trial continued with Thaddeus recalling Dr. Phillip Payne to the stand.
“Doctor, I had previously established with you that a compromised umbilical cord doesn’t always result in brain damage. Do you recall that?”
“Definitely.”
“In fact, it usually does not result in brain injury, correct?”
“Correct.”
“I then asked you, how is brain injury prevented. Recall that?”
“And I told you by monitoring the birth telemetry and making sure the delivery happens within a certain number of minutes of certain warning signs.”
“Exactly. Did that happen here? I’m asking, was there careful monitoring?”
“By Doctor Gerry Springer and nurse Andrea Mounce, yes.”
“But not by you.”
“Not minute-by-minute, no.”
“Though minute-by-minute was definitely called for?”
“Not by me. That’s what residents and nurses are for. To assist the physician.”
“Which gave you the freedom to go to a Little League game?”
“Yes.”
“Which made you late for the caesarean?”
“It was done within your own expert’s rule of thirty minutes.”
“Can we agree to disagree about that?” Thaddeus asked. There was no use arguing what was going to be a question for the jury. The amount of time that went by from the decision to incision was hotly disputed. Thaddeus knew the guy wasn’t going to admit any more than he already had. So he stopped and the doctor was excused, with the defendants’ right to recall during the defense case.
“Congratulations,” Thaddeus said to Latoya and John as they made their way out of the courtroom.
“For what?” asked Latoya.
Thaddeus smiled. “We just made your case.”
“What about the thirty-minute disagreement?”
“That will be up to you. Will the jury tend to believe you over Phillip Payne? I think they will.”
“We’re praying” said John.
“Good idea,” said Christine, “and let’s kick ass along with that prayer business.”
“We’re counting on Thaddeus for that,” said Latoya.
“You’ve come to the right guy,” said Thaddeus. “Christine and I happen to specialize in whoop-ass.”
45
After reviewing the day’s testimony with Dr. Payne, Morgana was burnt out. Her head ached, her joints ached, she was still angry at Caroline for a snide remark that morning, and she didn’t feel like going straight home. She called Manny and asked could he meet her for a beer? Turns out, he could.
Their favorite haunt in Chicago was a hidden Irish tavern called Carlos O’Brien’s. It was just off the Loop and easy in and out after rush hour would abate.
They sat across from each other in a small booth. A pitcher of dark beer and two pint mugs completed the table setting. Manny scourged a basket of stale nuts and began disarticulating shell from nut and scattering remnants on the floor, as the management desired.
“Ambiance,” he said, and tossed a shell skittering across the floor.
“I’ll drink to that,” said Morgana, and she raised a brimming mug.
They clinked mugs and drank deeply.
“So I told Payne after today’s testimony that I thought he was in deep shit. Did you hear any of the trial?”
Manny nodded. “I was there for most of it. Thaddeus Murfee rocks. That guy is cold and deadly.”
“He gets right to it, I have to admit. I asked Payne whether he found moving his bowels any easier now that he had been reamed out.”
“Shit, you didn’t!” Manny laughed.
“I did. Can’t stand that guy. He all but killed that baby. Asshole.”
“I know. Poor little kid, hosed by a hack doctor.”
“I’ll drink to that,” she said, and again they clinked mugs. Old friends enjoying a few together. They let their eyes roam around the tavern, which was filling with the rush-hour-avoidance-types like themselves, making it harder to be heard above the din.
Morgana shouted to be heard. “So you open your damn mouth and now I’m in trial without you and you’re shit-canned. Screwball!”
“You could have used me, no doubt. Payne looked really bad.”
“Doctor Payne sucked. That part about taking off to catch his kid’s Little League baseball game was inexcusable. He blew it, we have a bad baby, and no one will admit it. No one on our side. I told him to put his house in trust where no one can find it.”
“You didn’t.”
“No, I didn’t, but I should have. These bastards should just pay policy limits and settle. But no one on my bench seems to know that.”
“Except you.”
“Me. And that’s it. Since you left I’ve had to become the firm’s conscience on these cases.”
“Screw them, lady. Your ethical sensibilities in your little finger puts them to shame as a group.”
She ignored that. “The firm’s conscience is about money. The sooner I realize that and accept it the happier I’ll be as a lawyer. Nothing is like what they taught us in law school. It’s a dirt job and I need to get hold of that.”
“Can you really accept that?”
She scoffed, meaning to deflect his question. “Let me tell you something. As of yesterday you’re on the street with your hat upside down trying to learn to play the guitar. My partners don’t mess around with their staff. They’d just as soon dump us as dump records.”
“You’re afraid of these guys? Since when?”
“These ‘guys’ as you call them are the most well-connected guys in the country. They can ruin me and they will if I pull your brand of junior Batman shit with them.”
“You’re got a baby here, a real human being, who got screwed over by an incompetent hack of a doctor. Do you care about him?”
“Of course. Nobody wants that.”
“Then who takes care of this kid if he loses this trial?”
She didn’t hesitate, an attestation to how she had rationalized the problems away. Even as she said it, however, she knew it was a rationalization and hated herself for it. “His parents take care of him. My mom took care of me after my dad split. She worked three jobs. We all worked to put food on the table and warm coats on our backs. His folks will work too.”
“He needs more than that, so—”
“—screw that, Manny. I can’t save the whole damn world. Maybe you can, but I can’t. Maybe Carson’s right, maybe you didn’t belong at Jon
es Marentz.”
“He said that?”
“After you left. He ranted and raved for ten minutes. He sure as hell didn’t appreciate you bringing up about the missing records over and over. You’re not a team player, as he put it.”
“Not that team. I’m on my own team from here on. So screw him.”
Manny slid out of the booth and snapped his overcoat from a hook. He began sliding into it.
“And why don’t you say the rest of that. Screw him and screw—”
“—OK, screw you too, Morgana. You’ve sold out, big time. Of all the tough people I never thought would cave, you’ve definitely caved, lady. Do yourself a huge. Turn the real records over to Thaddeus.
“Sit back down. Let’s talk this through.”
“What, rationalize? No thanks, I’m already gone. Eagles, 1977.”
46
Second day of trial, Judge Moody called court to order and Latoya was the first witness. She testified quickly about the delivery, the C-section, and the problems with Chase since he came home. She completed her direct exam and then Morgana launched into her cross-examination.
“Good afternoon, Mrs. Staples.”
Latoya tossed off a look at Thaddeus, who only nodded almost imperceptibly. Proceed.
“Afternoon,” Latoya answered.
“You’ve told us you know at least forty-five minutes went by from the time Andrea sent out the C-section page until Dr. Payne removed Chase from your abdomen, correct?”
“Correct.”
“And you know this because you were counting contractions, correct?”
“Correct.”
“And so you want the jury to believe your version of the events based on the number of times you had a contraction, correct?”
“Correct.”
“Do you recall Andrea and Nancy timing each and every contraction?”
“I—I—mostly I do, yes.”
“Mostly you do. Is it possible that some of the contractions weren’t timed?”
“I suppose it’s possible.”
“Yes, and it’s possible that those contractions that weren’t timed might have been less than three minutes long and less than three minutes in between, correct?”
Thaddeus stood. “Objection, there’s no evidence any of the contractions went untimed, there’s only counsel’s suggestion.”
Judge Moody gazed at the ceiling, then said, “Overruled. You may continue.”
“Thank you, Your Honor,” said Morgana. “Miss Staples. I asked you whether the times could even have been less than you can remember.”
“I suppose anything’s possible.”
“And you would agree, then, that Doctor Payne might actually have been there in under thirty minutes—wouldn’t you agree?”
“I don’t think—”
“—keeping in mind that you were in tremendous pain and that you cannot specifically recall each and every minute that passed.”
“Okay, he might have been there under thirty minutes. But that’s not what happened.”
“At least not according to your best recall.”
“That’s right.”
“Which we can all agree might be impaired.”
“It might not be perfect, but it’s very close.”
Morgana didn’t respond, instead lowering her head and busying herself with an exhibit. After several minutes of flipping through pages, she looked up. “Latoya, I’m going to hand you what’s been marked Defense Exhibit 67. Would you look it over and tell the jury what it says at the very top of page one?”
“Sure.” She received the documents and gave them a once-over. “They are nurses’ notes.”
“Does it say what hospital?”
“Hudd Family Healthcare, Chicago.”
“And look at page two, about halfway down. Can you see an entry there at six thirty-five p.m.?”
“I see that.”
“Read it for the jury, please.”
“‘Nurse Andrea Mounce calls stat for C-section.”
“The time that call was made?”
“It says six thirty-five.”
“P.M.?”
“Yes. Nighttime.”
“All right. Now moving on over to page seven, two-thirds of the way down. Can you see an entry there at six fifty-five?”
“Yes.”
“What does that say?”
“Doctor Payne arrives OR. Initials are ‘AM’.”
“Andrea Mounce? Nurse Andrea Mounce?”
“I wouldn’t know. I guess so.”
“Well, your lawyer wouldn’t want you to guess. I’ll connect that up with another witness. But here’s my question to you. If the stat call for a C-section was made at six thirty-five and the doctor arrived gowned in the OR at six fifty-five, how much time has gone by?”
“Twenty minutes.”
“Clearly within the thirty-minute Decision to Incision window?”
“Yes. But that’s not what actually happened.”
“Move to strike, Your Honor. Non-responsive.”
“The comment ‘But that’s not what actually happened’ is stricken from the record. The jury is instructed to disregard.”
“But that’s—”
“No further questions,” said Morgana, and sat down.
Thaddeus was immediately on his feet. “That’s not what, Latoya? That’s not what happened?”
“No, that’s not what happened. He wasn’t there within no twenty minutes.”
“Did you see by any timepiece what time he actually arrived?”
She tapped her head. “Only by the one in here. I was counting contractions times three minutes.”
“And you have previously testified on direct examination that he arrived no earlier than seven fifteen that night, correct?”
“That’s right.”
“And you know this because?”
“Because I was counting contractions at three minutes each.”
“From the time you heard the stat call over the hospital public address until the time Doctor Payne actually came into the OR, how many contraction did you have?”
“Objection, asked and answered on direct exam.”
“I’ll allow it,” said Judge Moody. “It’s harmless.”
Latoya said, “Can I say?”
“Please do. How many contractions from stat to arrival?”
“Thirteen or fourteen.”
“Times three minutes per cycle, so between thirty-nine and forty-two minutes went by?”
“Yes.”
“Which would have Doctor Payne actually arriving at seven fourteen to seven eighteen or so?”
“Yes.”
“So you disagree with the nurses’ notes.”
“Yes.”
“That is all. Nothing further,” said Thaddeus.
A look of panic crossed Latoya’s face. “That’s not all,” she blurted out. “I left something out!”
The attorneys and judge froze. Before any response could be made, Latoya locked eyes with Morgana.
“I left out that I’m praying for you, Miss Bridgman. I’m praying that you do the right thing and admit this doctor hurt my baby.”
Morgana couldn’t have been more gracious. “Thank you for that.”
47
Following Latoya’s testimony, Morgana hurried into the women’s restroom. She was just washing up when Manny Rodriguez entered.
“I know it’s the ladies’ restroom. Call me a peeping Tom.”
“A peeping Manny.”
She rolled out several sheets of paper towel and began drying her hands.
Manny scowled. “Did that feel good to nail the mother in court just now?”
Morgana. “That damn well hurt. I’m hoping I lose this mess but I keep winning even when I don’t mean to.”
“Sandy looks ecstatic. I know they think you destroyed the kid’s case. I do too.”
“You heard it all?”
“I’ve been here since opening arguments. Haven’t missed a word.
Your opponent is excellent with expert witnesses, by the way.”
“Thaddeus?”
“Yes. That doctor for UC Medicine was terrific. Jury was hanging on every word. Unfortunately, Thaddeus can’t get around the doctored nurses’ records. He’s going to lose because of those.”
“I guess you’re right. Crap. I feel horrible for that baby.”
“That makes two of us. I have half a mind to go to the judge and ask him to call me as a witness.”
“You’d wind up putting me in prison.”
“You’ve got leukemia. They’d have mercy.”
“I’d lose my law license.”
“True that.”
“So please. Keep still. Something will happen.”
Manny leaned with his hands against the sink and studied his eyes. “You’re very good in there, Morgana. “You don’t need the help of these criminals to win your trials.”
She balled up the paper towel and tossed it at the wastebasket. “This case should have been settled. This is inexcusable.”
“You can still make something happen. Settle the damn case, do the right thing.”
“I can’t. I recommended ten million to Sandy and he laughed at me a few minutes ago. He knows we’re chewing them up and spitting them out.”
“Because he’s got the phony records.”
“And Nurse Andrea is in Europe some place on active duty with the National Guard. Thaddeus probably can’t locate her to ask about the notes.”
“Figures. Settle the damn case, girl. It’s the only act of redemption you have left.”
She violently shook her head. “Stop! Is settlement the best I can do? If it is, we’re all hosed, not just Chase, all of us. No, you and I need to figure this out. We’re smarter than these idiots.”
“Now you’re talking! Let’s sabotage the bastards.”
“Lay a trap.”
“What are you thinking?”
“Maybe I’m thinking you should testify, like you mentioned. Maybe that’s a pretty hot idea.”
“Just let me know when and I’ll take the witness stand.”
“You know, this just might be a great idea. What if we actually got you on the stand? Could you help?”
Manny pushed away from the sink and straightened his shoulders. “Try me. I’ll nail these assholes to the door.”
Chase, the Bad Baby: A Legal and Medical Thriller (Thaddeus Murfee Legal Thriller Series Book 4) Page 16
