All language subtitles for The Practice s08e16 In Good Conscience

Previously on The Practice.

Has anybody seen Tara? She's with a
client. She'll be out all day. I need a

typist today, Alan. I'm sure Jimmy can
type.

What'd you say? Tara works for the firm,
Alan, not just you.

Forgive me, but since I just brought in
$750 ,000 on top of the $2 million

before that, on top of the $3 million
before that... The guy is monopolizing

associates like he's a partner, which he
isn't. I'm sick of this. And I'm also

sick of you making excuses for the guy.
You bugged a hotel room to get illicit

private pictures. You then used those
pictures to commit extortion. You have

stepped way outside the law.

I gave you my word that I'd sooner take
myself down than this firm. I meant

that. Well, you're taking yourself down,
and you're taking us down with you.

You're a very interesting woman, aren't
you?

If you'd like to go to a nice
restaurant, share a lovely bottle of

don't want that, you want to do it on a
conference table because it's debate.

Get some help, and then ask me out to
dinner sometime.

I don't get it, Eleanor.

I see nothing redeeming about that man.

You have to know him, Jimmy.

Listen to me, Alan. I'm tired of
listening to you. You're not that

I'll keep completely out of your way.
You stay the hell out of mine.

He's gone.

Eugene. When this trial is over, that
man is gone.

Oh, God, help me.

Hang in there. Oh, it hurts.

You're doing great, honey. You're doing
great, baby. You're doing great.

Where's the doctor?

He's in with another patient. How are we
doing?

Still dilated to six centimeters.

Stable in the 140s. Please do something.

Mary, let's retest for protein.

Mary, you've only been here an hour. It
takes time.

It hurts.

Well, I can start you an epidural, but I
think it's a little late. Oh, my God.

Mary, Mary, I need you to stay with me.
Stay with me now. Are we ready?

Let's move.

Mary, I need you to stay with me. Stay
with me, Mary.

Stay with me now. Stay with me.

Mary, come on, honey. Come on, Mary.
Hang in there.

Go, go. Let's go.

Stay with me.

That's what he said.

The nurse pushed me out of the room, so
I waited in the hallway, praying.

Can you tell us what happened next?

The doctor finally came out.

Said my daughter was okay, but Mary
didn't make it.

She died on the operating table.

Tom, when you first arrived at the
hospital... She was in severe pain.

We told them.

They just put us in a room.

They didn't do any tests?

Yes, some.

But they just said it's labor pain,
which Mary knew was wrong. She kept

them.

They just dismissed it.

Did your wife see a doctor during her
pregnancy or receive any kind of

examination? We couldn't afford it.

I was an unemployed musician at the
time. Did you have health insurance?

No. So she never knew that she had an
abnormal uterus?

No. And when you arrived at the
hospital, you told them that your wife

labor?

Yes. You didn't suspect that anything
was wrong?

At the time, I thought it was just a
painful labor.

Clearly, it was not just that.

I understand.

Thank you. I'm all done.

Except to say that we're all so, so
sorry about what happened.

May I respond to that?

There's no question before you, sir. I'd
like to respond to his statement that

he's sorry.

I sat through four depositions and never
once did this attorney show any

remorse, contrition. Move to strike. But
in front of the jury, he's suddenly

compassionate. Okay, Mr. Quillen, you've
made your point.

You're angry at me?

Yes, I am.

I'm informed that after your wife died,
you stopped going to church. According

to several of your friends, you're angry
at God. Is that fair?

Maybe. So you're angry at the doctor,
you're angry at me, even angry at God.

Given that you never got your wife any
prenatal care whatsoever, when a simple

checkup perhaps could have saved her
life, are you at all angry with

This feels uncomfortable.

Eugene, if you're about to fire
somebody, you have to meet with a labor

It would be corporate negligence for you
not to do so.

Yeah, even so.

Is this an administrative employee? No,
he's an associate who acts like a

partner, which is part of the problem.

What are the grounds?

Where do I start?

He's unethical, insubordinate.

He's sexually harassed. He's even
committed criminal acts.

Problem is, he's also brought in a lot
of money, so he may try to claim that

he's a de facto partner.

When you say a lot of money... For the
last six months, more than all the other

lawyers.

Combined.

You may have a problem.

During the course of labor, her uterus
ruptured, which ultimately was the cause

of death.

She bled to death?

Yes. In your opinion, Doctor, could Dr.

Platt have prevented Mary Quillen's
death?

Could have and should have.

She was in severe pain.

She wasn't dilating. A C -section was
indicated, and he failed to perform one.

This death was easily preventable.

The autopsy showed that Mrs. Quillen had
an abnormally small uterus, which might

have caused it to rupture. Correct.

But Dr.

Platt had no way of knowing this, did
he?

Mrs. Quillen never had a prenatal exam.

Many women don't have prenatal exams.

Doctors still manage to give them
adequate care. Your client didn't. I

you in the delivery room that night,
Doctor?

No, but your client admits the patient
was in labor for an hour. He saw her

suffering severe upper abdominal pain.
He knew her contractions had stopped.

He had more than enough information to
do an immediate C -section.

And failing to do so... Have you been
paid by the plaintiff to give your

today?

My opinion is not for sale, counsel.
It's based on the facts presented to me.

But a lot of those facts were not
available to my client that night in the

were they, doctor? Perhaps not, even so.
Thank you.

And though your opinions aren't for
sale, how much are you being paid for

today's court appearance?

$3 ,000.

And how many times have you testified in
medical malpractice? Objection. This is

irrelevant.

Your Honor?

Now what?

I don't know.

If he's okay, it could just be a delay.

If he's not, we could get a mistrial.

Which means... We might have to start
all over again.

The earliest I could possibly get out is
seven.

And probably close.

Where are you going at seven?

One second.

Should I come?

This is personal.

Man trouble?

Do you mind?

Tara, if it is a man, I could be of
tremendous help.

In a prior life, I was Cyrano de
Bergerac.

Well, I'll keep that in mind.

To whom am I talking?

This is Tara's uncle from the more
disturbing branch of the family.

Have you two been kissing? Alan!

Go to the corner and sit.

I'm just trying to help.

The advice is don't tell Eleanor.

She's a partner.

She's also his friend, and she'll tell
him. Now, if he takes clients to files,

then what?

So, how does this go down?

Well, as we fire him... We send out pre
-written letters by registered mail to

all our clients, explaining the split,
inviting them to stay with us. We also

have a locksmith on standby to change
the locks. We change the passwords on

computers. All of this has to happen as
we fire him, not a minute before,

because if we jump the gun, he can paint
it as bad faith. As opposed to being on

the up and up.

It's a dirty business, Jimmy, but
according to Labor Council, it's the

we can do it.

I need two votes.

You with me?

The good news is Judge Zeldin is okay.

The bad news is doctors have prescribed
bed rest and he can't continue.

So... I'll take over.

His clerk has brought me up to speed.

Do you think that's wise?

Why isn't it? You've expended two court
days already. It certainly makes sense

to keep going if possible.

Nobody's been prejudiced.

We have a little problem.

You remember we told you about the
Massachusetts Charitable Immunity Act,

limiting damages in medical malpractice
cases?

You said judges sometimes strike it. I
did. And Judge Zeldin was one such

Judge Mantle is not. He seems to honor
the cap.

So... The most money we could get here
is now $20 ,000.

What I think we should do is try to
settle it for that.

No.

Tom... I will not settle my wife's life
for $20 ,000.

I'd rather take the moral victory of a
big verdict than walk away for... Tom...

I cannot in good conscience expend
thousands of dollars on expert witnesses

expend our time. I didn't get a doctor
because I'm poor. Now you're saying I

don't get a lawyer. That's not fair. We
have put in hundreds of hours on this

case. Then why quit now in the middle of
trial?

Because as I said, this judge.

I want a verdict.

I want the jury sending these people a
message.

These people in this case is an
insurance company.

The only message they're equipped to
receive is numerical, and they are

on this.

If you want us to keep going, we will.

What? Because he hired us, Eugene. To
win a judgment that now you cannot get.

This judge is fair.

She's a partner. Billing out at $400 an
hour. You bill out at $250. This case

could take a week. Pay no attention to
him, Jamie. Good for you.

I feel the mean man glaring at me.

This doesn't concern you.

Oh, but it does, Eugene. I can tell her
how to win.

How? I know Judge Mantle. He's a man
given to compassion. And better yet,

politics. If you shock his conscience,
get some media down there to shed some

light on that conscience, out of the
goodness of both heart and career, he'll

probably do the right thing.

I have a reporter from WXDE.

She owes me a favor.

It's biblical, but I'm sure she'd be
thrilled to compromise herself

professionally instead.

Go. Tell your story, Jamie. The cap is
wrong.

The woman died having a baby, for God's
sake. The man deserves more than $20

,000. Be an advocate.

Fix the problem. Go, team, go. Rah!

Tara. Jimmy.

My office, please.

I feel like coffee in a croissant, shall
we?

This is confidential information.

It is a partner matter. You are not to
share this information with anybody

than Jimmy and me.

Clear?

Okay.

We need to have all the computer
passwords changed by Thursday noon.

The new password, which I will give you,
you will not divulge to anyone.

Okay. You will also get a letter
prepared by Labor Council.

Which letter you have to type on our
stationery and prepare to send by

registered mail to all our clients. This
too, by Thursday noon.

Okay.

This is extremely confidential.

I will trust you to respect that
confidence.

Okay.

Gee, I hope she doesn't suspect
anything.

Well, we can't do it without her.

We're a charity hospital.

Of course, money's a problem. But it
never affects the quality of our care.

C -sections are about twice as expensive
as natural childbirth. Is that

accurate? Yes, but... And who pays the
additional costs?

Typically, the insurance company.

If the patient has insurance, what if
she doesn't? Then the hospital would

But that's not why we encourage natural
birth.

It's safer, the recovery time is
shorter, and frankly, too many doctors

unnecessary C -sections.

But at St. Teresa's, women without
health insurance are five times less

to have a C -section than women with
insurance.

So... That's true of most charity
hospitals.

That's your excuse? They all do it? We
are not forcing poor women to have

dangerous births. And I take offense
when you... How many women able to pay

a C -section have ever been refused one?

I'm not certain. None.

The only women refused are impoverished.
Poverty has nothing to do with this.

Poverty is what killed Mary. That's a
lie.

True or false, Doctor?

If Mary Quillen had the money to pay for
a C -section, she would still be alive

today. False. That is false.

Most women want to give birth naturally,
do they not?

Absolutely. In fact, the movement to
encourage natural childbirth is very

feminist issue. Has St. Teresa's policy
of reducing C -sections been reviewed by

the state's medical board? Yes, our
policy has been approved as safe and

appropriate. Has your hospital or Dr.

Platt ever been disciplined by the state
medical board for what happened here?

No, because as terrible as this outcome
was, we did nothing wrong.

Did nothing wrong?

How many affluent women die delivering
babies?

Even the ones that do, at least the
hospital tries to save them.

But you know, that's not really the
point. What is?

Doctors and hospitals make mistakes.

Mistakes happen.

But to shield them from liability.

I'm all for tort reform.

But to put a $20 ,000 cap on a wrongful
death is just wrong.

And most states wouldn't even consider
this, and Massachusetts shouldn't

John Kerry can't possibly support this.

Ted Kennedy, I know, doesn't.

I am hopeful that Judge Mantle will
reject this as well.

That was a cheap shot, Ms. Stringer. I
would think you'd have the integrity to

at least try this case in the courtroom.

Is that why you asked for this meeting?

To lecture me. You'll be lucky if you
don't get censured by the bar, but

not why I called for the meeting.

Against my advice, the client is
prepared to offer you $100 ,000, sealed,

admission.

First of all, a woman died.

$100 ,000. Is 80 more than you'd
otherwise get under the cap.

Then why would the hospital offer it?
The hospital didn't.

I'm making the offer.

Out of your own pocket? Yes, and I'll
tell you why. Robert. No, let's just

straight. Does that violate some
attorney code of conduct?

If I lose here, cap or not, my insurance
carrier will drop me. They do it to

OBGYNs all the time. They will do it to
me. You've said enough. You represent

the hospital and the insurance company,
Brian. Nobody's really speaking for me

here. I'd like to.

I have never been found by any medical
review board to have committed any

malpractice, ever.

And yet, I've been sued seven times.
We're getting sued out of business.

Believe it or not, I am not in this
profession for the money.

I'm a doctor.

A pretty damn good one.

My father was an OBGYN. It's all I ever
wanted to be.

If you win in court, the most you can
get is 20.

I'm offering you 100.

And I'm not taking it. Okay, Tom. You
killed my wife. No, you contributed to

that by not ever getting prenatal care.

The offer is rejected.

Let's go.

I'm offering you every penny I have.

And it's not enough.

The offer is rejected.

Working kind of late?

Oh, no. I'm just pretending so as to
impress and inspire my office mates.

Eugene's hired a labor law firm for
something.

All the computer passwords are being
changed.

Looks like someone's getting fired.

I'm sure it's nothing.

I'm all for tort reform.

But to put a $20 ,000 cap on a wrong...
It's getting play.

I guess that's good.

You ready for the doctor?

I think so.

I gotta go hard, right?

I would.

Clearly he has a button.

If you can get him to go Howard Dean up
there, that could help.

I just don't want to come off as a
monster.

Jamie, we need to accomplish two goals
here.

First, to get a favorable verdict, which
will be tough, because between you and

me, I'm not sure this doctor committed
any negligence. And second, even should

we win, the judge has to be outraged
enough to strike the cap.

Now, the book on this judge is that he
does rule from emotion sometimes.

So go for it.

I've got the draft letter pretty much
done.

I emailed it to the labor lawyer.

He sent it back with some minor changes,
but I want you to review it, too.

When do we tell Eleanor?

She's back from court at lunch. We'll
tell her then, just before we tell him.

Hello, Eugene.

What? Listen, I've been having trouble
getting into my computer. I was

if you could help.

Almost seems as if the password's been
changed. But I'd know if there were a

password, wouldn't I?

I mean, you wouldn't change it behind my
back, would you?

That's something Jimmy might do, but
not... Oh, hello, Jimmy.

I didn't see you there at first.

Not surprised, though, following closely
as usual, waiting for orders, hoping

for a few scraps.

Anyway, Eugene, forgive me if I seem
overly concerned, but it's just

people have screwed me over in the past.

And I don't like getting screwed over.

Get him in here.

Eugene. Get him in here now.

I've delivered thousands of babies over
my career.

I never lost a mother until this case.

You were monitoring her. Did you miss
anything?

I don't think so.

Had she seen a doctor during her
pregnancy, I would have known about her

abnormality, and I probably would have
gone with a C -section sooner.

Probably would have? Natural childbirth
is always preferred for the baby and the

mother. Doing C -sections without cause
is bad medicine.

She wasn't in labor that long, and we
had no warning she was in danger.

Predicting uterine rupture in a healthy
woman who never gave birth before is

almost impossible.

This was a tragedy, but it is not one we
could have avoided.

The Quillens told you they didn't have
the money for prenatal care.

That had nothing to do with the
treatment I gave her. My question,

you know they couldn't pay for
treatment?

Yes. You also knew they didn't have
insurance, correct?

Yes. So you knew that whatever treatment
they got, the hospital was going to

have to eat it. I did not put that
woman's life at risk to save money.

She had only been in labor an hour. It
would have been inhumane to just cut her

open without cause.

Any doctor... She was screaming in pain.

She was in labor. It's painful. You
weren't even there. I was there. You

weren't. How many obstetricians were on
duty that night at the hospital?

Just me. The other obstetricians had
quit because... Objection.

Sustained. You were the only OBGYN on
duty that night. And in fact, you hadn't

slept for two nights before Mary Quillen
came in. You were overseeing five other

patients. I was not overly tired.

You were exhausted and overworked. I was
not. And you made a bad decision. I did

the best I could. She came in to have a
baby. She's dead. And you did the

best... I didn't do anything wrong. You
didn't do anything at all. I did

everything I could.

You know what, counsel?

I will tell you this. Objection. Doctor.
When that judge went face down the

other day, I froze.

I wanted to run up. I'm a doctor, for
God's sake, but I was too afraid of

getting sued. Did you freeze in the
emergency room that night? No, I did

But many doctors might. Dr. Platt.
You're the problem.

You're the problem. Dr. Platt, that is
enough.

Did I go too hard? I don't think so. You
had to go after him. You had no choice.

Is your closing ready?

Not exactly, but I'll work on it.

Can I please speak to you?

Doctor, you're represented by counsel.

I realize that, but my counsel has a
conflict. He represents the hospital and

the insurance company.

Then you need to retain another lawyer.
We can't... $200 ,000.

I would need time to refinance my house,
but... I don't think our client is

going to move for two.

You people are lawyers.

You know what it's like to be held
hostage by insurance carriers.

If I get any unfavorable verdict, they
drop me.

Without coverage, I can't practice.

Dr. Platt, you're represented by
counsel.

We cannot be having this discussion.

I'm sorry.

You need me?

Yes. Close the door, please.

Is this something sexual?

Sit.

We've decided to let you go.

Ah, go where?

You're being discharged.

Why? Well, let's call it philosophical
differences.

I'd like you to leave immediately.

Is Eleanor in on this?

Eleanor doesn't know yet, but she'll be
informed.

I suppose you've already managed to copy
files.

I'll remind you that that's illegal,
though I doubt you care.

Eugene, I don't need to copy files.

And most of the corporate clients here
are mine anyway.

You brought them in, but once you did
so, they became clients of the firm.

Here's a check representing two weeks'
severance pay.

I've generated fees in excess of $6
million.

You've handed me a check for $15 ,000.
You can keep it.

You're a very talented lawyer, Alan, but
you don't fit in here.

We'll be happy to give you a good
recommendation.

Now, it's time for you to go.

Eugene, is it sexual?

Goodbye, Alan.

I'm keeping checkers.

Tara?

Alan sure seemed to know this was
coming.

Did you tell him?

Yes.

I'm sorry.

I owe you a lot, Eugene, and it wasn't
my intent to betray you.

Really? Well, you did.

Why?

I guess I like him.

You told me he repelled you.

He so often does.

But it turns out that I consider him a
friend.

Your employment here is terminated.

You'll be given two weeks severance.
Your discharge is effective immediately.

Lucy? Hey.

Eleanor. How are you?

Oh, I'm good.

Good. You look amazing.

Thank you. How have you been?

How's life as a rape counselor?

Well, it's not a lot of laughs, but...
God, you look wonderful.

What brings you by?

You just say hello?

Uh, no. I'm just filling in in a pinch.

Filling in?

Where's Tara?

Eleanor, can we talk to you for a
second?

Sure.

Forty minutes ago, we fired Alan.

I'm sorry?

Jimmy and I agreed that on balance he
was a detriment to the firm, so... Whoa,

whoa, whoa. You and Jimmy agreed?

Why wasn't I? Because you're his friend.
As well as a partner with a voting...

We were trying to insulate you from a
conflict. That's crap!

Why wasn't I told?

Because we feared you'd tell him, and
he's still clients of files of both.

Well, it turns out Tara tipped him off,
so she was fired as well.

How dare you make a unilateral decision
without me? It wasn't unilateral. Jimmy

and I... I am a partner in this firm.

For you to go behind my back. You're his
friend. I'm your friend.

You have a duty of honesty to me. As do
you to Alan, which we couldn't risk you

honoring, not at the expense of the
firm. The firm?

The firm is you, it's me, and it's
Jimmy.

And Jamie and Tara.

Who you just fired. Because she betrayed
us. Eugene. He had to go. I don't care

how much money he brought in. He lied.
He broke all the rules. He served every

one of us. No, he did not.

The firm.

Bobby Donald turned over to us is one of
integrity.

The name on this place is reputation?

It means something.

That man demeans the practice of law. He
demeans this firm. He disrespected you,

Jimmy, and me. I don't care if we have
to scrape for rent.

This firm will always maintain its
dignity.

Character.

has to count for something, Eleanor, and
if it does, that man has no place.

We need to get going.

Jamie, can you close without me there?

Um, sure.

I'm just in no emotional state to, uh...
I understand.

I'm fine.

If the judge asks, I'll just tell him
you're not feeling very well.

Thank you.

I better get to court.

Hmm. Seems funner than before.

Lucy, did all the letters go out? I
checked. They're out.

Okay.

Thank you for, um... No problem.

Everyone says frivolous lawsuits are
destroying medicine.

Insurance companies blame lawyers for
driving up health costs. But you know

what?

It's a lie.

Malpractice suits are down nationally.
Doctors and hospitals are making more

money than ever.

The most recent study shows that for
every lawsuit filed, there are at least

acts of gross malpractice that never
lead to any action.

New laws are making it harder and harder
to even bring these cases.

Yet almost 100 ,000 Americans died last
year because doctors and hospitals

made mistakes.

100 ,000.

Mary Quillen died because she couldn't
afford a C -section.

That's worse than negligence. It's
discrimination.

And it happens every day.

It's somehow become bad business to
treat the poor.

And health care has become a national
disgrace.

A message needs to be sent.

I don't have the power.

But you do.

This country, the richest on earth,
fails to provide adequate prenatal care

poor women.

Had Mary been able to get a prenatal
exam, Dr. Platt would have known that

uterus was abnormal and he likely would
have ordered that C -section. But

because he didn't know, he had no basis
for performing a C -section on her until

it was too late.

One reason for the state of health care
in this country, by the way, a big

reason, litigation.

Your Honor. She opened the door on this.

I'll allow it.

Fear of litigation is driving health
care costs into orbit.

Doctors routinely order expensive tests
to cover themselves in case they get

sued. And according to Newsweek
magazine, we waste 50 to 100 billion

dollars, billion, on what's called
defensive medicine.

Physicians are now afraid to discuss
their mistakes with each other because

candor can be used against them in
court.

But you know the worst part.

Good doctors, men and women in the
business of healing, like Dr. Platt, are

being driven out because they can't
afford coverage.

He couldn't foresee an abnormal uterus.

This wasn't his fault.

But hey, anybody and everybody gets to
sue. The problem is, win or lose, he

loses.

And so do we all.

Hey, is he here?

Oh, I've been calling him, actually. I'm
trying him again now. Hello, you've

reached Alan Shore.

I'm currently with a prostitute. If
you'd like to leave a message... I've

him six messages.

He's not returning.

Okay.

Listen, Tara, I'm very sorry that it...
I deserve to get fired.

Eleanor, I betrayed you, Jean.

I'm willing to accept responsibility for
it.

If I hear from him, I'll let you know.

Has the jury reached a verdict?

Yes, we have, Your Honor.

Question one.

Was the hospital or Dr. Platt negligent
in the death of Mary Quillen?

I'll say you.

We, the jury, find Dr.

Platt and the hospital guilty of
negligence.

Question two refers to damages.

Have you reached a decision on that
question?

Yes, Your Honor.

We, the jury, find Dr.

Platt and the hospital...

jointly and severally liable, and order
them to pay the Quillen family $3 .6

million.

Defense moves to reduce the judgment to
the statutory cap of $20 ,000. Opposed.

Your Honor has the discretion to lift
the cap. There is no authority for that

discretion in the legislative
definition. Your Honor can rely on

judgments... Those precedents are
certainly not binding, Your Honor. The

wrong, which is exactly why most states
did away with the charity cap 50 years

ago.

You're right, Ms. Stringer.

The law is archaic, perhaps even
immoral.

But as a judge, I'm bound to uphold it.

The verdict of $3 .6 million is vacated
by statute.

The verdict is capped at $20 ,000.

Members of the jury, you're dismissed
with thanks.

This matter is adjourned.

I'm sorry.

We'll appeal and we'll ask for the full
judgment, but... It's okay.

You at least got a verdict.

I'm grateful for that.

Maybe it'll be heard.

Let's hope so.

I wish you well, Tom.

Thank you. And please, thank Eleanor for
me.

I will.

What's new?

I'm sorry.

I didn't know.

I know you didn't.

I'm going to try to dissuade them.
Eleanor, it's a place of work, nothing

It's the little things in life I find
annoying.

If you could just get Tara's job back,
she didn't deserve.

Hey, my friend, you and I are going to
see a lot of each other.

Everything's fine, Eleanor, I promise.

I'd even go so far as to say it's all
for the best, so let's see you smile.

I didn't figure you'd go so quietly.

Who said anything about going quietly?

Eleanor, I give you my word.

This is going to get very... ugly.

Not to worry.