Bad Blood. James Baehler
“Many times, but when I gave them my rationale, the great majority of surgeons saw the light and didn’t push me.”
“Great majority? You mean there were some that insisted on their order even after your explanation?”
“Yes.”
“What did you do?”
“I gave the surgeon a few words which translated as hell no. I used different terminology you understand; language I wouldn’t want a court reporter to have to take down. Then I invited him to take me before the quality committee where we could thrash it out.”
“Did they ever?”
“Never. And the patient didn’t get what the surgeon wanted either.”
“Very interesting. I think you’ll be a tough advocate for my client.”
“You can bet your ass I will. He deserves it.”
CHAPTER 9
The defense teams for the two doctors were pleased with the confidence of their expert witnesses. But this did not mean that the plaintiff’s attorneys were worried. Barbutti recognized the fact that he might have difficulty finding an expert in hematology to testify against Dr. Harris, so prior to his even trying he lined up a witness who dogmatically stated that Dr. Harris did not meet the standard of care. “No one in his right mind would use heparin under those circumstances,” he said. “He contributed to the patient’s death. Yes the patient was in extremis when he had the heparin injected, but that gave him the little extra push needed to send him to his maker.” This expert was Dr. Albert Burns, a thirty-year-old family practitioner, whose uncle was a prominent personal injury attorney. Dr. Burns was the exception to the rule in these times, electing a solo primary care practice in the days when solo practitioners were becoming a dying breed. The income from testifying in a number of trials was substantial and could sustain one while attempting to build up a practice. Dr. Burns was available to testify about a variety of medical situations and plaintiff’s attorneys were learning that he was reliable and cooperative.
Dr. Drossman was correct in his assumption. The two surgeons recruited by Barbutti to evaluate whether Dr. Harris met the standard of care, wrote back that they found no fault with his diagnosis or treatment, and that he did indeed meet the test of the accepted standard of care.
Not discouraged, Barbutti recruited a general surgeon, retired, from southern Illinois. Dr. Steve Dwyer was willing to testify that in his opinion, “Giving heparin under those circumstances was reckless, and playing God. Yes, when the patient’s blood pressure began to drop and there was no urine output it probably meant that death was imminent. At that point you’d have to be crazy to do what Dr. Harris did. There was little hope for the patient but what Harris did was seal his doom.”
Barbutti’s anesthesiologist expert witness, Dr. Adrian Tennant said, “This was a classic case when the anesthesiologist had every right to tell the surgeon to go to hell.”
“Isn’t the anesthesiologist required to follow the surgeon’s orders?”
“Once in a great while you have to stand up and be counted and go on the record for all to hear. I disagree and will not be part of this idea that an anesthesiologist has to do whatever the surgeon says, no matter how idiotic the demand. Dr. Madhava didn’t have the balls to refuse, so now he’s paying the price.”
The lines of battle had been drawn and were clear and distinct.
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Dr. Harris continued his busy surgical schedule. In the operating room his intense concentration allowed him to forget his pending lawsuit. The advice of the attorneys to keep quiet was observed by all concerned, but this, in and of itself, was insufficient to keep the filing of the suit secret. One needed only to read the Cook County Jury Verdict Recorder to learn about every malpractice suit filed each month in the county. The lawyers, after giving the advice to keep quiet, always added, “Everyone will find out soon enough, no matter how quiet you are, so just do your best to ignore the talk and concentrate on your work.”
The next stage in the process was the taking of various depositions. Attorney Betty Wu would be deposing Attorney Barbutti’s experts, and Barbutti would be deposing Betty Wu’s experts. Dr. Harris was told, “As the defendant you have every right to attend whatever deposition you want.” Cliff decided that suffering through his own deposition was more than sufficient. Cliff’s deposition was taken at Barbutti’s office. Harris was ushered into a large conference room where numerous strangers were in attendance. He felt as if he had been called before a congressional committee. The first to speak was the videographer. He read the details of the prodedures involved. The court reporter said, “Doctor, would you raise your right hand.”
Dr. Harris, somewhat overwhelmed by the formality, did so and was sworn.
The videographer said, “Would the attorneys like to identify themselves for the record, please.”
“Vincent Barbutti for Marilyn Wallberg.”
“Betty Wu for Dr. Clifford Harris.”
“Paul Stuart for Dr. Sanjay Madhava.”
“Thomas Luria for Barrington Community Hospital.”
“Thank you,” said the videographer.
Vincent Barbutti said, “Dr. Harris, may I have your full name please?”
“Clifford Brian Harris.”
“You are a general surgeon?”
“Yes.”
“Your medical school, Doctor?”
“Northwestern University.”
“Residency was taken where?”
“Illinois Research Hospital.”
“Are you Board Certified in surgery?”
“Yes.”
“Your hospital affiliations, Doctor?”
“Just one. Barrington Community Hospital.”
“Have you spoken to anyone about this case?”
“Yes.”
“Who?”
“My attorney, and of course my wife knows.”
“I mean anyone besides those two.”
“No. No one.”
“Doctor, I would like to ask whether you have reviewed any documents in connection with your deposition today?”
“Yes.”
“What records have you reviewed?”
“The patient’s chart.”
“Victor Wallberg’s chart?”
“Yes.”
“When you reviewed the chart, doctor, did you find that you had second thoughts about the use of heparin?”
“None.”
“Would you have met the standard of care if you did not use heparin?”
“I don’t understand,” Cliff replied.
“Objection to this line of questioning as to relevancy and form,” said attorney Wu.
“Join,” said attorney Stuart.
Barbutti quickly added, “You can still answer the question, doctor.”
Dr. Harris turned to Betty Wu, his eyebrows lifted as if to say what do I do now? Then he turned to Attorney Barbutti, and said, “I don’t understand why I’m being asked a question about what I didn’t do. Clearly I gave heparin convinced in my mind that I was