First Do No Harm (Benjamin Davis Book Series, Book 1)

by A. Turk

  Just then, Sheila buzzed him on the intercom. In a much too loud voice, he announced that he didn’t want to be disturbed.

  Sheila equally raised her voice and said, “You’ll want to take this call. It’s Dr. English, and he sounds drunk.”

  Herman hated drunks. He picked up the phone and said, “Charlie, where the hell are you? You missed the Bell surgery this morning. You better be dead or lying in the street run over by a car and paralyzed. You really fucked up this time.”

  Herman could hear English crying on the other end of the line. Rolling his eyes, he changed tactics. He tried his best to get information: “Where are you, Charlie?”

  “I’ve lost my way.”

  “Do you have a car? Can you drive? Can I come get you? Tell me where you are.”

  English was so drunk that he was slurring his words and speaking very loudly.

  Herman was livid. The last thing he needed was an incoherent surgeon.

  “You can’t help me. Nobody can. My life’s turned to shit. I’m better off dead.”

  “Don’t give in. Don’t give up.”

  The pressure had been too much for poor Charlie. The lawsuits, the notice of charges, and Benjamin Davis ruined his life and Charlie’s.

  “Don’t let that bastard Davis win. If you don’t come back and fight these cases, he wins by default.”

  Herman tried to calm English down, trying desperately to get the distraught man to talk. “What’s the matter, friend? I want to help. Tell me how.”

  By then, English was crying uncontrollably. He wailed, “I’m being held in contempt of court, and my lawyer insists that the judge is going to throw the book at me. Judge Robert Lewis hates me. He thinks I’m a deadbeat. He has held me in civil contempt for failing to pay eight months of alimony and eight months of child support to Susan. My lawyer told me that civil contempt is far worse than criminal contempt. The judge can hold me indefinitely in jail until I pay the past due alimony and child support, which could be never.”

  English was still blubbering but started to regain some control. “I can’t go to jail for even a day, Lars. So, I ran because I’m not going to stick around to be crucified. Fuck that no good bitch. Let her burn in hell.”

  Herman wasn’t sure that this drunk would listen to reason, but he had to try: “But what about your children? They’re only six and eight years old. What did they ever do wrong?”

  After thirty seconds, English responded, “They’re casualties of war. They are collateral damage. They shouldn’t have been standing so close to their good-for-nothing mother when the bomb went off.”

  Herman made small talk in the hope of putting English off guard. In a soft, comforting voice he asked, “Tell me where you are so we will know that you’re safe.”

  English replied, “You’re better off not knowing, or that maniac judge may hold you as an accessory after the fact.”

  Twenty minutes of conversation later, Herman didn’t want to know where Charlie was. He had enough trouble of his own without the additional headache of Charlie’s domestic problems and fugitive status. He decided to end the conversation: “Good-bye, Charlie, and good luck. You’re going to need it.”

  English seemed to be relieved that the conversation was concluding. He ended by saying, “I know you can’t come along, Lars. I wish you could. I’d like the company. But I’ll send you a postcard when I get settled down and stop running. I think I’ll send Davis a postcard too. I’m sure he’d like to hear from me.”

  He promised Herman that Davis had not heard the last from Charlie English yet.

  Herman was not exactly sure how to take English’s last comment. But he believed that nothing too bad could happen to Davis to suit his purposes.

  After he hung up, Herman rushed over to the hospital to talk to the Bell family, who had been waiting more than an hour for an explanation. Entering the room, he worked his magic. He told them that Dr. English had a family emergency and was forced to leave town unexpectedly. This story was more or less truthful. Herman just neglected to mention that English fled.

  The family was satisfied with Dr. Herman’s smooth double-talk. Herman manipulated and managed this problem. Benjamin Davis wouldn’t get his grubby little hands on this potential case, which was a small victory in the grand scheme of things.

  CHAPTER TWENTY-SIX

  THE GODDESS ATHENA

  SATURDAY, OCTOBER 2, 1993

  As she waited in the dark, Amy Pierce knew that contact with English was unethical. He was a fugitive. Judge Robert Lewis, who presided over English’s divorce from Susan, issued a warrant for his arrest. Sheriff Buford Dudley of Hewes County asked Amy if she heard from English. At that time, she could honestly respond that she hadn’t. That was no longer true.

  That’s why at 10:00 p.m. she was standing not far from the Parthenon, Nashville’s exact replica of the ancient Greek building situated in the popular Centennial Park. She fondly remembered the Saturday that she and Carter went to see the inside of the Parthenon and its magnificent forty-two-foot gilded statue of the goddess Athena. Both of them were impressed. English selected the location of their clandestine meeting, and she thought that the selection was a little melodramatic.

  As Amy waited, she replayed her conversation with Lowell Thomas in her head. Thomas would not come right out and tell her not to meet English. PIC, Dr. English’s malpractice insurance company, was too important a client to simply ignore English’s contact. It was in PIC’s best interest and, therefore, also in her firm’s best interest for English to stop running.

  Thomas told her that if Judge Lewis learned about her meeting with English, at the very least he would turn her over to the Board of Professional Responsibility. He might even charge her with contempt of court. If the board found her guilty, Thomas predicted that Amy’s law license would be suspended, possibly for a year. If that happened, Thomas promised that he and the firm would use their influence, but there was no guarantee that her firm could control the board.

  Lewis, Boxer, Steine, and particularly Davis would be after her scalp, and all four had influence with the board. Steine served as president of the board for more than eight years and still carried a great deal of weight. Amy had to worry about criminal concerns as well as ethical ones.

  Thomas also warned that both Judge Lewis and Judge Boxer could criminally charge her as an accessory after the fact. Both judges had the power to do so, and either or both could convince an assistant district attorney to prosecute. If convicted of a crime, Amy would lose her law license forever. English was putting her and her son at risk. She had worked hard and didn’t deserve the position that English put her in.

  Lowell Thomas just wanted results. Davenport, the insurance executive, called him directly and insisted that Thomas get English to come in from the cold.

  Thomas instructed Pierce: “Amy, English is mocking the system. Judges don’t like to be mocked. English is in contempt of court in Hewes County. He’s scheduled to give his deposition in the Malone case. If he fails to show, Davis will run to Boxer and ask that the court hold English in contempt. My guess is that Boxer will judicially reset English’s deposition in a week or so, and English better show up. If he doesn’t, Boxer will hold him in contempt.”

  “Do you think it will be civil or criminal?”

  “What difference does it make which type of contempt? Either way, English winds up in jail, and our case is prejudiced beyond repair.”

  Amy felt that she had to make an obvious point: “English is going to jail regardless. Lewis has already found English in civil contempt in the case filed by the second Mrs. English’s lawyer. He’ll stay in jail for the duration of the Plainview cases. English will have to cure the contempt by paying his arreared alimony and child support, $36,000 and increasing every day.”

  Thomas was growing angry, not necessarily with Amy, but she was the only one in harm’s way. “Look, Davenport is ready to pull the plug on English. If he’s not going to attend depositions or participate
in the discovery process, he’s in breach of contract, and PIC can walk away from the defense. If English, as the insured, doesn’t cooperate, PIC doesn’t owe him a defense. If PIC walks away from the Plainview cases, we lose hundreds of thousands of dollars in fees. Based on my last conversation with Davenport, DMT could lose the client because of this English bastard.”

  Amy didn’t like the sound of that. She had worked hard on the Plainview cases and had personally billed over seventeen hundred hours in fourteen months. The firm had made more than $250,000 for her time alone. Amy had supervised two other associates who had done much of the legal research. The firm had charged another $110,000 for their time. The firm also made a profit on ancillary charges such as copies, faxes, messengers, and so forth.

  Amy estimated the firm’s profit at $50,000. All in all, DMT had been paid more than $400,000, either directly or indirectly, through Amy’s efforts. There had been no trial. There had been no appeal. Those charges were incurred through discovery. More than eighty depositions were taken, as Amy predicted. The research and briefing on comparative fault and recklessness/punitive damages had been exhaustive. The Plainview cases had been a pure gravy train. But if PIC pulled the plug, the gravy train would pull out of the station, never to return.

  Thomas continued, “This turn of events will not help your chance of partnership, you know.”

  Amy exploded, “Lowell, that’s unfair, and you know it. We agreed on the criteria for my partnership. I’ve billed twice the amount our deal required, and there has been additional billing to boot. English is a problem but not of my making. In light of his lack of cooperation, I’ve done an exceptional job, and I’m not going to stand here and take the blame for his actions.”

  Thomas took an obvious different tactic with her. “You’re absolutely right. It’s not your fault, but you’ve got to fix it. You’ve got to bring the bastard back to face the music. The firm is counting on you. We need to keep these cases going and keep PIC as a client.”

  With that remark, Amy’s meeting with Thomas ended.

  English has to be brought back under control. PIC is tired of English’s disappearance act. His shenanigans are costing PIC money through unnecessary legal fees and through jeopardizing the defense of nine lawsuits. It’s my responsibility to bring English in. The problem is that direct contact with him jeopardizes my career and future.

  Waiting in the dark for English, Amy realized she had been daydreaming.

  English was late, but he wasted no time in verbally assaulting Amy: “Are you alone, Pierce? You’re my lawyer. It’s your job to protect me. If you turn me over to that fucking judge, I’ll report you to your Board of Professional Responsibility. Then you’ll know how I feel, and you’ll have to defend yourself.” English was nervous, and he kept looking around.

  His paranoia was contagious. Amy also started looking around. No one was anywhere near them. She took a deep breath and said, “Doctor, this has to stop right now. You must turn yourself in to Judge Lewis, or your trouble will only get worse.”

  English interrupted: “How could it get any worse? If I turn myself in to Lewis, he’ll lock me up and throw away the key. The Medical Licensing Board is after my license. The board’s suspension or revocation of my professional license is much more serious than your malpractice lawsuits. Davis has nine lawsuits pending, and I’ll have to sit through nine trials. Life on the run is bad, but my time is my own, and you get used to looking over your shoulder.”

  “Then why did you call me and agree to meet?”

  “It’s hard to explain. I could’ve just disappeared. I wanted to explain to someone why I was getting out of Dodge and why I wasn’t coming back.”

  “You could’ve done that over the telephone.”

  “I guess I wanted to say good-bye in person to someone.”

  Amy thought that was a stupid reason to risk this meeting and put them in jeopardy. She was trying to decide what she needed to say next. Convincing English that it was in his best interest to turn himself in was going to be a hard sell.

  “Look, Doctor, the Medical Licensing Board isn’t going to take your license away. After this is over, you’ll be practicing medicine again. If you cooperate with PIC, it will pay for your defense, and your coverage will pay any judgments awarded. The trials will be in Hewes County. The largest jury award in the history of that county is less than $200,000. Some of these patients weren’t even hurt. Davis will have to prove damages.

  “Now, Judge Lewis is another story. He will probably throw you in jail, but you’re a professional, and after a week or two, he’ll probably let you out, particularly if you set up a payment plan on back alimony and child support.”

  English thought about it a few seconds and then looked Pierce in the eyes and said, “You go to jail. You put your trust and future in that crazy bastard judge. I’m not counting on any compassion from him. I’ll be in jail through all nine trials. Don’t bullshit me. You’re my lawyer, and I don’t give a shit if PIC drops me. Those lawsuits are the least of my worries. Your concern is your fee, not me. I’m not going to jail. I’m out of here.” With that, English ran into the night.

  Still standing outside the Parthenon, Amy spoke to the mighty Athena housed within its walls: “You’re the goddess of wisdom. Do you have any good ideas?”

  CHAPTER TWENTY-SEVEN

  THANKSGIVING

  THURSDAY, NOVEMBER 25, 1993

  Thanksgiving had always been Davis’s favorite holiday. It was not surprising since he loved to eat. Liza and her mother worked for the last two days preparing the meal at the Davis home. Several of Liza’s sisters and their families had traveled home for the holiday.

  After the meal, the kids went to the playroom to watch television and play video games. The brothers-in-law went into the study to shoot a game of pool, and the women began to clear the table and address the dishes. John Caldwell, Liza’s father and Morty’s heart surgeon, asked Morty and Davis if he could see them in private.

  Davis led them to his home office and sat behind his desk. They left the others under the pretext that he and Morty wanted to smoke cigars. Liza knew this was a ruse because Morty would never smoke in front of her father. After settling in, Morty did pull out a cigar and light it up. He smiled at Caldwell. “I wouldn’t want to make your son-in-law a liar.”

  Davis waited for his father-in-law to get to the business at hand. He looked uncharacteristically nervous.

  “I’ve heard about these Plainview cases. You sued the hospital also.”

  Davis knew that Caldwell had only the best intentions, but the comment still pissed him off. Despite his anger, Davis tried to soften his words: “John, there’s no question in my mind that the hospital knew exactly what was going on. In one year, Plainview Community Hospital went from $2 million in the red to $2 million in the black. Any board would want to know why and how a small community hospital improved by $4 million, if not just to replicate that success next year.”

  The expression on his father-in-law’s face told Davis that he had something else on his mind. “You didn’t bring us in here to talk about poor, poor Plainview Community Hospital. What’s really bothering you?”

  His father-in-law sat back on the couch and hesitated before responding. “I had a very disturbing conversation yesterday, Ben. One of my partners got a call from an executive vice president at Tennessee Mutual. There’s nothing surprising about that. Ralph is the contact person for the partnership and has served on the insurance company’s board. Based upon our premiums, we own one-fourth of a percent of the company, which makes us the third largest shareholders. According to my partner, this prick came right out and said that because of the two of you, our partnership’s premiums will go sky-high as a result of the judgments in the Plainview cases. Apparently, Tennessee Mutual insures Dr. Herman, one of the defendants. He even suggested that we would bear a greater percentage of the loss because you’re my son-in-law.”

  Both Morty and Davis were shocked by such a blata
nt attempt to wrongfully influence the outcome of the Plainview cases. Tennessee Mutual had balls or, as Morty would say, “chutzpah.” Davis was also upset for Caldwell. Davis had known Caldwell for more than fifteen years, and he respected and loved him. Even though Davis was a lawyer who sued doctors and hospitals for a living, his father-in-law had always been supportive.

  Caldwell even contributed $500 to the reward fund that Morty created through the Nashville Bar to reward those who had any information that would possibly lead to the arrest of Davis’s attackers. Morty drafted the announcement that appeared in an issue of the Nashville Bar Journal. He also wrote a personal letter to more than one hundred members of the Bar seeking their support and contribution. Morty got the ball rolling with an initial contribution of $5,000. Davis and Morty raised an additional $15,000, Davis added his own $5,000, and the reward rose to $25,000. The bartender from Tootsie’s got the money for calling the police to report Laurel and Hardy’s presence in the bar.

  Davis almost apologetically asked Caldwell, “How did your partner respond?”

  “I was very proud of him. He told the insurance company, and I quote, to ‘fuck off.’ He spoke to me yesterday, and he scheduled a partnership meeting on Saturday at three. We have a total of ten partners, and our insurance premium covers an additional six associates. Our current premium is more than $1 million per year. An increase in premium affects our bottom line. Ralph and I agreed that our partners have a right to know.”

  Davis put out his cigar. The room was smoky, but Morty continued to puff away and cherish the smoke in his lungs. Davis was sorry his father-in-law was in this position, but it really wasn’t his fault. Tennessee Mutual elected to insure Herman. The company should have known that he failed the FLEX exam eight times; it should have reviewed Herman’s privileges at Plainview Community Hospital since it was insuring his competency to perform those procedures.

  “John, this is an obvious problem with mutual insurance companies. Good doctors have to pay for the mistakes of bad ones. You’re asking the wrong questions. Your group should question your company, as shareholders, how the underwriting department ever insured this incompetent in the first place. Rather than be on the defensive, your partnership should confront the company.”