{"id":339,"date":"2016-09-10T14:13:14","date_gmt":"2016-09-10T18:13:14","guid":{"rendered":"http:\/\/www.herbheineman.com\/?page_id=339"},"modified":"2024-07-26T09:51:47","modified_gmt":"2024-07-26T13:51:47","slug":"chapter-34","status":"publish","type":"page","link":"https:\/\/herbheineman.com\/Eden\/edensgarden\/chapter-34\/","title":{"rendered":"Chapter 34: The Reluctant Witness"},"content":{"rendered":"\t\t
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PART III<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u201cIt\u2019s open and shut.\u201d Bobbie slapped her hand on the file titled Avery v. Cresheim Valley Hospital.<\/em> Her eyes dared Karen to disagree.<\/p>

To Karen\u2019s gratification, Frank had put Bobbie in charge of her case. Now, Monday after Thanksgiving, attorney and client met to assess their position.<\/p>

\u201cWhat about Shaw?\u201d Karen asked.<\/p>

\u201cNo surprise. He\u2019s a professional defense witness. I could\u2019ve written his report for him.\u201d<\/p>

\u201cCan you break him?\u201d<\/p>

\u201cWe\u2019ll see. He\u2019s good on the stand. On top of that, we\u2019re up against popular bias in favor of doctors. You know the image, heroes in white \u2015 or green, take your choice. But this is not the average case. They\u2019ll be choosing between two doctors, one of whom\u2019s lost a girl in the prime of life, the other\u2019s a kid left alone to play with a loaded gun. There\u2019ll be no knee-jerk tilt toward the defense this time. Especially if I play up McCrae as an agent of the hospital \u2015 which they\u2019ll see as a nameless corporate giant. See? Did you notice, Shaw doesn\u2019t even address the allergy issue, simply ignores it, like it\u2019s irrelevant? I\u2019ll remind him in front of the jury.\u201d<\/p>

\u201cI know what you mean about the victim,\u201d Karen said, her face drawn. \u201cPrime of life . . . I just wish it weren\u2019t necessary to appeal to their emotions when the facts are so clear.\u201d<\/p>

Bobbie sighed. \u201cYes. You want justice, honest and straightforward. No shenanigans, no theatrics. But you\u2019ve been around this business long enough. Juries don\u2019t judge cases on merit alone. If the victim\u2019s a cranky old geezer, the doctor wins \u2015 guaranteed. If the same negligent act kills a beautiful young person, the plaintiff has a chance. Jurors have sympathies, and their verdict can depend on who they like better. Not justice in a strictly legal sense, but in a broader sense maybe it is. Bless our jury system. Anyway, I want to paint Eden so vividly that every juror thinks of her as their own child. For that I\u2019ll need both of you to take the stand.\u201d<\/p>

\u201cAlan won\u2019t go.\u201d<\/p>

Bobbie stared at her. \u201cWhy?\u201d<\/p>

\u201cHe\u2019s afraid that suing a colleague will ruin his practice.\u201d<\/p>

\u201cHmm. He could be right. They can be a vengeful bunch. The old boys\u2019 network takes precedence over patients. Yes, I can see him getting drummed out for doing what he\u2019s entitled to do. Even his own daughter. If only we had more women in that profession. . . .\u201d<\/p>

\u201cMaybe seeing Shaw strut his stuff, that foul hypocrite, maybe that\u2019ll make Alan\u2014\u201d<\/p>

Bobbie slammed the file again, causing Karen to jump in her chair. \u201cThat\u2019s it! You\u2019re not going to push Alan, I\u2019m not going to push him. Newtie Shaw\u2019s going to do the job for us.\u201d<\/p>

Karen smiled at her friend\u2019s enthusiasm. Bobbie went on. \u201cHow about Eden\u2019s boyfriend?\u201d<\/p>

\u201cHe\u2019s up at Cornell, you know.\u201d<\/p>

\u201cThat\u2019s no problem,\u201d Bobbie said. \u201cWe fly him here and back in a day. Or he could come in the night before, after classes. . . . Now let\u2019s talk about depositions. We start with McCrae, then Friedman, then Hamilton. Bader too. That should be enough for starters. As far as I know, not a single one of them\u2019s been disciplined. God, what a sloppy department.\u201d<\/p>

\u201cAnd Shaw, of course.\u201d<\/p>

\u201cI don\u2019t think so,\u201d Bobbie said with a wicked smile. \u201cThese depositions are for discovery. Deposing him won\u2019t tell me a thing I don\u2019t know already. But he, and that bastard MacAdoo, who\u2019ll probably try their case, might discover what tack I<\/em> plan to take. So they gain more than we do. Besides, I want Shaw to show off his lack of ethics in front of the jury. I don\u2019t want to make MacAdoo\u2019s coaching job easier by giving him a practice run.\u201d<\/p>

\u201cHow do you think MacAdoo will interpret your not deposing Shaw?\u201d<\/p>

Bobbie shrugged. \u201cHe\u2019ll figure out why. The guy\u2019s no dummy.\u201d<\/p>

\u201cSuppose he then decides not to produce Shaw in court?\u201d<\/p>

\u201cFine. Then maybe we\u2019ll have an honest trial. We\u2019ll win with or without him.\u201d<\/p>

\u201cLet\u2019s go to lunch, and I\u2019ll tell you something about McCrae.\u201d<\/p>

\u201cOooh!\u201d Bobbie pursed her lips. \u201cThis sounds in<\/em>-teresting. Let\u2019s go.\u201d<\/p>

Twenty minutes later they were seated. \u201cOK, what about McCrae? I\u2019m all ears.\u201d<\/p>

\u201cA couple of months ago he called Alan. Said he\u2019d like to speak with him.\u201d<\/p>

Bobbie\u2019s eyes were wide. \u201cI\u2019ll be darned. Either he wasn\u2019t told to keep his mouth shut, which is hard to believe, or he disobeyed the order, which is also hard to believe. New interns are so insecure. A disaster like this would make him even more so \u2015 not a frame of mind conducive to defying authority. I wonder what\u2019s going on. What did he say?\u201d<\/p>

\u201cAlan hung up on him.\u201d<\/p>

\u201cA normal instinct. Too bad, though. No telling what he might\u2019ve spilled. I suspect he won\u2019t be much of a witness in his own defense. I\u2019d like you to be at his deposition. Alan too.\u201d<\/p>

\u201cYou mean, intimidate him?\u201d Karen asked.<\/p>

\u201cHe\u2019s scared enough as it is, if you ask me. But it may be to our advantage to treat him gently, make him a victim of the hospital. If the jurors feel sorry for him, that he was let down by his superiors, they\u2019ll really stick it to the hospital \u2015 which is where the responsibility lies anyway. The other thing is, Alan would get to hear McCrae without having to answer him.\u201d<\/p>

\u201cI\u2019ll try. When do you think it\u2019ll be?\u201d<\/p>

\u201cI\u2019d like to move as fast as possible, but with the holidays just a month away we might have to wait till after New Year\u2019s. So there\u2019s no need to rush Alan.\u201d She looked at her watch. \u201cI need to get back to the office. Meeting with Frank and Leslie. But there\u2019s something else I want to talk about. Do you think we could have a drink sometime after hours?\u201d<\/p>

\u201cAlan\u2019s going to be out late tonight.\u201d<\/p>

\u201cGood. Let\u2019s go to the BNS. I\u2019ll stop by your office after five.\u201d<\/p>

The Booz \u2019n Schmooz, commonly referred to as BNS, had no television. This encouraged conversation and attracted customers who disliked the noise that went with televised sporting events. Attorneys liked to relax there with friends or clients. It was a favorite of Bobbie\u2019s. At five-thirty, armed with whiskey sours, she and Karen sat in a booth ready to talk. The soft hum of a dozen other conversations provided a soothing backdrop to theirs.<\/p>

\u201cI\u2019m glad Frank gave me your case to work on,\u201d Bobbie said.<\/p>

\u201cMe too. You\u2019re so much more aggressive, and I mean that in the most positive way. When I told him Alan was resisting, he wouldn\u2019t send for the chart \u2015 even though Alan and I have power of attorney for each other.\u201d<\/p>

\u201cYou think he should have?\u201d Bobbie asked.<\/p>

\u201cFor God\u2019s sake! We were only talking about looking.\u201d<\/p>

Bobbie thought for a moment. \u201cIn this case, looking at the chart is the top of a slippery slope. Suppose Alan absolutely refuses to sue. What then?\u201d<\/p>

\u201cMy name will be on that suit alone,\u201d Karen answered matter-of-factly. \u201cI\u2019m the mother and I have that right.\u201d<\/p>

Bobbie signaled the waiter for another drink. \u201cKaren,\u201d she said, \u201cI\u2019m your lawyer in this case, but I\u2019m your friend always. Something bothers me, two things actually, and I\u2019m going to presume on our friendship by being very honest. Is it only testifying that Alan has a problem with? Or are you going to be reminded every step of the way that he\u2019s in it against his will?\u201d<\/p>

\u201cI don\u2019t know. He ought to be straining to sue the shirts off their backs. If this medical community stuff really got in the way, he\u2019d be frustrated as hell that he can\u2019t stand up for his rights, and he\u2019d be raving about the injustice of it all. I have the feeling there\u2019s something he isn\u2019t telling me, something he doesn\u2019t want to talk about. Almost as if this professional thing were just a pretext to avoid dealing with another issue.\u201d<\/p>

\u201cWhat could that be?\u201d Bobbie asked.<\/p>

\u201cI could be doing him an injustice speculating like this. Maybe he\u2019s thinking, how could he, a doctor, have let all those things happen to Edie?\u201d<\/p>

\u201cThose things were his<\/em> fault?\u201d<\/p>

\u201cI don\u2019t know,\u201d Karen said uneasily, shifting in her seat. \u201cI think that deep inside me I\u2019ve been blaming him all along, but we\u2019ve never had it out.\u201d<\/p>

\u201cLord! What a thing to carry around all these years.\u201d Bobbie shook her head. \u201cAnd you think he\u2019s blaming himself too? And that\u2019s the reason he doesn\u2019t want to testify?\u00a0 If that\u2019s the case, we could be in big trouble.\u201d<\/p>

\u201cHow, big trouble?\u201d<\/p>

\u201cHis reluctance plays right into Shaw\u2019s hands. Remember that remark Shaw made about the knee? Now Alan\u2019s the bad guy for putting Eden in this position, there\u2019s no rebuttal, and McCrae ends up the hero.\u201d She drained her third whiskey sour and ordered a fourth.<\/p>

\u201cJeez, I don\u2019t think I did us a favor bringing it up.\u201d<\/p>

\u201cIt may be the best thing you\u2019ve done for the case so far. Forewarned is forearmed. But let me ask something different. Are you still game to talk?\u201d<\/p>

\u201cWe\u2019re certainly not boring each other, are we?\u201d<\/p>

\u201cI\u2019ll say not. The other question is, Why the disregard of Alan\u2019s side, and why the hurry? You have lots of time to work out your differences. Technically, I don\u2019t need to know your motives. You have a case, and that\u2019s all your lawyer needs. I just think it\u2019d help if I knew.\u201d<\/p>

\u201cBobbie, we\u2019ve been friends too long for me to be that secretive. As a matter of fact, this is something I want to talk about. Don\u2019t think I haven\u2019t asked myself the same questions. The answer to both is something that maybe you alone can understand.\u201d<\/p>

Bobbie looked at Karen for a moment, then nodded. \u201cYes, I do understand. Why didn\u2019t I think of it before? What else could make you barge ahead with such determination, even put Alan\u2019s professional position in jeopardy.\u201d She sighed. \u201cYes. It just won\u2019t go away, will it?\u201d<\/p>

\u201cNo, it won\u2019t. Money won\u2019t bring anything back, neither Edie nor the last eighteen years of my life. But I\u2019d have to be a saint not to want to grab for something<\/em>.\u201d<\/p>

Bobbie gave Karen\u2019s arm an affectionate squeeze. \u201cI wish I could just be a friend and not have to be so cold and methodical. Maybe I should ask Frank to let someone else handle it.\u201d<\/p>

\u201cNo, Bobbie, I want you.\u201d<\/p>

\u201cI\u2019ll do it. But it means I have to be practical, and not let feelings interfere.\u201d<\/p>

\u201cI understand. Whatever it takes to win, do it. I\u2019ll go along.\u201d<\/p>

Bobbie smiled and nodded. \u201cNow I also know why you and Alan have so much trouble talking these things out. It\u2019s not only his hidden agenda but yours too.\u201d<\/p>

\u201cYes, there\u2019s too much anger. Maybe he and I should get some counseling over this.\u201d<\/p>

Bobbie became serious. \u201cIf you really mean that, do it. I told you there\u2019s lots of time.\u201d<\/p>

\u201cNo, let\u2019s move ahead. Alan and I can work on our issues. So you\u2019ll do McCrae first?\u201d<\/p>

\u201cThat may be all we need. I have a feeling about him, just from what you told me.\u201d<\/p>

Karen looked at her watch. \u201cI guess I should be going home. Although I\u2019m sure Alan\u2019s meeting won\u2019t be over for a while yet.\u201d<\/p>

\u201cOne more drink,\u201d Bobbie said, holding up a finger. She looked into her glass. \u201cOne of the charms of this place is that you can\u2019t get drunk. They\u2019re so stingy with the booze; the customers sit around for hours drinking and then drive away safely. Everybody wins.\u201d Karen listened to this cynical analysis and wondered whether her friend really could drive safely.<\/p>

Bobbie looked up. \u201cOne last thing before we go. Have you ever thought of being a senior partner in your own law firm? Sometimes I have this idea of you and me setting ourselves up independently. Do you remember a conversation we had years ago? A firm of women only?\u201d<\/p>

\u201cYes, I do remember. Judge Solomon.\u201d<\/p>

\u201cThat\u2019s the one! Don\u2019t forget! Something to look forward to when this is over.\u201d<\/p>

They left money on the table and walked to the door. Bobbie reached for the handle and missed it by six inches. She looked slyly at Karen. Karen walked her to the office, grateful for her own larger size. It would have taken at least one more drink to saturate her.<\/p>

~~~~~~~~~~<\/p>

\u201cMcCrae does seem serious. He wants to do something \u2018meaningful,\u2019 that\u2019s the word he used. He didn\u2019t have any specific ideas. I don\u2019t either. So we agreed to think about it.\u201d Josh\u2019s casual tone didn\u2019t fool Esther. She could tell real from feigned indifference, and his was feigned. There was a calmness in his expression, an alertness in his eyes, a crispness in his movement, that bespoke a new sense of purpose. Silently she applauded and sat back to wait.<\/p>

Josh was, in fact, tempted to confide in her. Knowing how thoroughly she endorsed his meeting with Calvin, he knew he could count on her to put her imagination to work on their behalf, possibly solve their problem. But it was too soon. For now, he thought it better to protect their newborn partnership against intrusion, even one so friendly as his mother\u2019s. He had a long ride ahead, time to think. As the countryside rolled by to the steady hum of the engine, the word \u201cmeaning\u201d kept resounding in his head. What were the choices? A memorial plaque? A prize in Eden\u2019s name? Those were the things by which people were remembered. That was meaning of sorts. But those things also cost money, which Calvin surely didn\u2019t have. He wondered also whether they would satisfy Calvin\u2019s need, which seemed to be more to atone for his own action than to memorialize Eden. He was up against a wall. Logic tried to tell him it was Calvin\u2019s problem, but he couldn\u2019t wash his hands of it; it was his too.<\/p>

Three weeks later he attended an intercollegiate hockey game. A Cornell player, fancying he\u2019d been checked too roughly, made a threatening move toward the perpetrator. The referee quickly stepped between them and grabbed their arms. Seconds later they shook hands and play resumed. The incident was of passing interest to most spectators, but it touched Josh in a sensitive spot. In his imagination he saw the two players ordered to dance under pain of being ejected. The spectacle brought a smile to his face. He excused himself to \u201cmake a call\u201d and went outdoors. Once again he felt elation that preceded understanding. This time it didn\u2019t take long to make connections. A cold, damp wind blew from the lake, hinting at snow to come. How refreshing! He felt it blowing the cobwebs away, unclogging the machinery of his mind.<\/p>

An idea was beginning to take shape. Fantasy would have been a better word, because common sense \u2015 not to mention his ignorance of the world of medicine \u2015 told him it couldn\u2019t be done. Still, he nurtured the concept, because it embodied the very elements he would desire if he were Calvin \u2015 and, besides, Eden\u2019s imprimatur was on it. Perhaps they could find a way.<\/p>

He was impatient for his next meeting with Calvin.<\/p>

~~~~~~~~~~<\/p>

At every nurses\u2019 station, in every office, in the x-ray department \u2015 wherever food was allowed \u2015 there were boxes of chocolates and cookies. They were the gifts of grateful families, even senior staff and administration, for the enjoyment of those who worked long hours in the hospital. Together with Christmas decorations, particularly in evidence on the children\u2019s floor, they generated a holiday spirit that made illness, pain, and hard work a little more bearable. Even Calvin, burdened as he was, couldn\u2019t help being affected. By providential coincidence, the optimistic mood created by his talk with Josh on the Thanksgiving weekend prepared him to enjoy these pleasant informalities. He was swallowing a cookie when he received a call.<\/p>

\u201cHello, Doctor,\u201d came a voice he\u2019d never heard, \u201cthis is Pat Small. I\u2019m the legal counsel for the hospital. I wonder if you could come to the office this afternoon. Say two o\u2019clock, or three if that\u2019s more convenient.\u201d<\/p>

\u201cTwo o\u2019clock is OK,\u201d Calvin answered, his heart pounding. As a redundant afterthought, he asked, \u201cWhat is this in reference to?\u201d<\/p>

\u201cIt has to do with the Avery case. Don\u2019t let me scare you, Doctor; I\u2019m on your side. These things happen, and we have to deal with them. We\u2019ll talk about it when you get here.\u201d<\/p>

The fresh cookie in Calvin\u2019s hand was granted a stay of execution as the saliva fled his mouth. Gone was his newfound optimism, its place taken by the anxiety of waiting. He wished he\u2019d been summoned right away instead of being given three hours to worry. As the time passed, he chided himself for being taken by surprise. Four and a half months of official silence had lulled him into lowering his guard. But he was fully alert now. Once more he resolved not to be manipulated. He stuffed the cookie in his mouth and crushed it with a vengeance.<\/p>

At two o\u2019clock he was ushered into Mr. Small\u2019s office. Two men sat at a table.<\/p>

\u201cDoctor, I\u2019m Pat Small. You may have seen me around, though we\u2019ve never met. This is Bruce MacAdoo, attorney for Healers Protective.\u201d Calvin shook hands with both.<\/p>

\u201cSit down, doctor,\u201d Small continued. \u201cYou remember, of course, this tragic incident back in July, where Eden Avery, a seventeen-year-old girl, had a fatal allergic reaction.\u201d<\/p>

\u201cYes, I remember.\u201d<\/p>

\u201cThe hospital has been sued by the parents of Miss Avery. I believe you\u2019ve met both. The father\u2019s an internist on staff here; the mother\u2019s an attorney with Frazier & Drummond, which is representing the Averys. I tell you that just for background. My only role is as liaison with Mr. MacAdoo. His firm represents the hospital. Why don\u2019t you take it from here, Bruce?\u201d<\/p>

\u201cDoctor,\u201d MacAdoo said, sporting a smile that didn\u2019t even warm his own face, \u201cyou\u2019re an employee of the hospital, which is legally responsible for your conduct in the performance of your professional duties. The charge is that you ordered oxacillin, an antibiotic of the penicillin family, for a girl who was allergic to it. In fact, she\u2019d been in this hospital before with a severe reaction to benzathine penicillin G. The record is all too clear. They claim you should\u2019ve known about it. And even if you didn\u2019t, they say, you should\u2019ve asked if she had any drug allergies.\u201d<\/p>

\u201cThat is true, sir,\u201d Calvin said. MacAdoo stared at him. Then, remembering his strategy, he resumed smiling. \u201cI\u2019m just telling you what they\u2019re claiming. If it were all true\u2014\u201d<\/p>

\u201cIt is.\u201d<\/p>

\u201cPlease, doctor, you haven\u2019t heard me out. If we agreed with them, we might as well give them whatever they ask for. But it\u2019s always like that with malpractice suits.\u201d Calvin winced. \u201cPlaintiffs make claims, sometimes outrageous ones. We can\u2019t just give in. Our job\u2019s to defend the hospital and its employees, which in this case includes you. Now I don\u2019t want you to think we\u2019re trying to twist the truth just to suit our purpose. \u2018Truth\u2019 in litigation is what a judge or jury creates or derives at trial; it\u2019s not a pre-existing entity waiting to be discovered. So we don\u2019t prejudge anything.\u201d<\/p>

\u201cIt\u2019s perfectly clear in this case, and excuse me for interrupting, Mr. MacAdoo,\u201d Calvin interrupted, \u201cI\u2019m responsible for that girl\u2019s death. It was my negligence and nothing else.\u201d<\/p>

\u201cDoctor,\u201d MacAdoo purred, \u201cI don\u2019t doubt your sincerity or your motivation in offering yourself up. But you may be a victim of your own conscience. You were less than two weeks into your internship. Full of pride and optimism, maybe even overconfident. It\u2019s nothing to be ashamed of. That first month\u2019s a vulnerable period. You\u2019re riding high, and when you fall you fall hard. The world collapses, you think you aren\u2019t fit to be a doctor, you may even feel like quitting. In other words, you overreact.\u201d His tone, kind up to that point, hardened. \u201cIt might surprise you to know there are other ways of seeing what happened, that others \u2015 other doctors<\/em> \u2015 aren\u2019t necessarily as hard on you as you are on yourself.\u201d<\/p>

\u201cAs you say, I\u2019m only the hospital\u2019s employee. So I have to listen to whatever you say. But I know what happened and why. I can\u2019t imagine anything convincing me otherwise.\u201d<\/p>

Bruce MacAdoo was as experienced in dealing with na\u00efve young doctors as with plaintiffs\u2019 lawyers. It was time to change direction. \u201cDo you know what a deposition is?\u201d<\/p>

\u201cNo, sir.\u201d<\/p>

\u201cOne of their lawyers wants to question you\u2014\u201d<\/p>

\u201cI\u2019m prepared for that.\u201d<\/p>

\u201cYou\u2019ll be put under oath.\u201d MacAdoo ignored the interruption. \u201cThey\u2019ll cross-examine you just as they would in court, and everything you say will be taken down. They\u2019ll try to find out how you\u2019re going to testify if it comes to a trial. In real life, there are no surprise witnesses or surprise testimony, unless someone hasn\u2019t done his homework. You\u2019ll need to be careful how you answer their questions, because your answers can be introduced as evidence later. On the other hand, they can\u2019t ride roughshod over you, because I can object to any question they ask, even instruct you not to answer. But I\u2019m getting ahead of myself. Those details we\u2019ll take up when the time comes, probably in January. My purpose today is to alert you.\u201d<\/p>

Calvin sat motionless. MacAdoo could tell he had a problem with this witness, but he didn\u2019t let his concern show. \u201cHere\u2019s how the events looked to someone who had no part in them. Doctor Shaw is a board-certified pediatrician, a professor at the Hospital for Infants, Children, and Adolescents. I asked for his honest opinion. Please take your time.\u201d He handed Calvin a photocopy of Shaw\u2019s report. Calvin read it twice. He knew nothing about the conduct of malpractice suits, particularly the nuances of expert testimony. The authority of Doctor Shaw, Professor and Chair, impressed him. Maybe there was another way of looking at events. Eden Avery\u2019s condition really was critical. And she did have underlying disease that might have killed her eventually. Maybe he had been too hard on himself. But he couldn\u2019t allow one letter to dispel the truth \u2015 yes, truth \u2015 that had been engraved in his mind all those months. He gave it back without comment.<\/p>

\u201cYou see?\u201d MacAdoo said. \u201cThis is also a valid opinion, don\u2019t you think?\u201d<\/p>

\u201cHe wasn\u2019t there. Some things aren\u2019t clear in the chart. There was enough time for me to ask about drug allergies. Doctor Shaw doesn\u2019t even say anything about that. Maybe if I had nothing but the chart I\u2019d see it the way he does. But I was there and I know what happened.\u201d<\/p>

MacAdoo\u2019s expression brightened. \u201cDoctor Shaw\u2019s report will be entered into evidence along with the hospital chart. You can\u2019t be forced to remember anything that\u2019s not recorded.\u201d<\/p>

\u201cEven if it\u2019s true?\u201d<\/p>

\u201cIt\u2019s still only recollection, six months after the fact. Fast-moving events, under the most stressful circumstances. Your memory could be faulty. You did the best anyone could for Eden Avery and you should so testify. Let it rest for now. We\u2019ll go over your testimony after New Year\u2019s. Meanwhile, don\u2019t let it spoil your holidays. Malpractice suits have become a way of life. I\u2019m here to help you and all I ask is that you follow my instructions.\u201d<\/p>

\u201cIs that all?\u201d Calvin asked.<\/p>

Small answered. \u201cThank you, doctor. You may go. And I second what Mr. MacAdoo said: don\u2019t let it spoil your holidays.\u201d Calvin left without a word.<\/p>

\u201cDo you often get \u2019em like that?\u201d MacAdoo asked, mopping his brow.<\/p>

Small laughed. \u201cWhat do I know? That\u2019s what we pay insurance premiums for, and that\u2019s what the insurance company pays you big fat money for. But I think you handled him well.\u201d<\/p>

\u201cHe\u2019ll ruin you at deposition, never mind trial.\u201d<\/p>

\u201cHe does have this idea that he\u2019s the oracle of truth. It\u2019s an interesting character trait. He projects an image of incorruptible morals, even martyrdom, but don\u2019t you think there\u2019s an element of arrogance when someone claims that he alone knows the truth?\u201d<\/p>

\u201cWell now, Pat,\u201d MacAdoo answered with a smirk, \u201cyou have a nice holiday too, and let me know at your convenience how I can use that \u2018arrogance\u2019 stuff in court \u2015 in his defense.\u201d<\/p>

Calvin slowly made his way back to the pediatrics floor. Bit by bit it sank in. You can\u2019t be forced to remember<\/em>. . . . Forced to remember! And if he remembered without being forced? Oh, that would never stand up against the record. Well, if Mr. MacAdoo expected him to lie, bend the facts, or claim that his memory was faulty, just because the record couldn\u2019t disprove those distortions, Calvin McCrae was not about to cooperate. For Mr. MacAdoo, winning the lawsuit might be sufficient; for Calvin, it was irrelevant. He was ready for their next meeting.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Chapter 35 >><\/a><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

PART III \u201cIt\u2019s open and shut.\u201d Bobbie slapped her hand on the file titled Avery v. Cresheim Valley Hospital. Her eyes dared Karen to disagree. To Karen\u2019s gratification, Frank had put Bobbie in charge of her case. Now, Monday after Thanksgiving, attorney and client met to assess their position. \u201cWhat about Shaw?\u201d Karen asked. \u201cNo […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":21,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-339","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/herbheineman.com\/Eden\/wp-json\/wp\/v2\/pages\/339","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/herbheineman.com\/Eden\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/herbheineman.com\/Eden\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/herbheineman.com\/Eden\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/herbheineman.com\/Eden\/wp-json\/wp\/v2\/comments?post=339"}],"version-history":[{"count":5,"href":"https:\/\/herbheineman.com\/Eden\/wp-json\/wp\/v2\/pages\/339\/revisions"}],"predecessor-version":[{"id":868,"href":"https:\/\/herbheineman.com\/Eden\/wp-json\/wp\/v2\/pages\/339\/revisions\/868"}],"up":[{"embeddable":true,"href":"https:\/\/herbheineman.com\/Eden\/wp-json\/wp\/v2\/pages\/21"}],"wp:attachment":[{"href":"https:\/\/herbheineman.com\/Eden\/wp-json\/wp\/v2\/media?parent=339"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}