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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:11,451 --> 00:00:12,930 NEWSMAN [over radio]: And at least eight dead 2 00:00:12,974 --> 00:00:14,497 at the We Are All from Somewhere Else... 3 00:00:14,541 --> 00:00:16,151 Can we go any faster?I'm doing my best, ma'am. 4 00:00:16,195 --> 00:00:19,285 ...after a gunman opened fire with an automatic weapon. 5 00:00:19,328 --> 00:00:22,157 In addition to the dead, we're receiving reports 6 00:00:22,201 --> 00:00:24,507 of as many as 200 people injured. 7 00:00:24,551 --> 00:00:26,074 Okay, hang on a second! Hang on. 8 00:00:26,118 --> 00:00:29,121 Rapid track! Trauma Bay Four! 9 00:00:29,164 --> 00:00:33,081 Walking wounded needs to be escorted to Station One! 10 00:00:33,125 --> 00:00:34,430 Dr. Kinsey! 11 00:00:34,474 --> 00:00:35,779 I got here as fast as I could. 12 00:00:35,823 --> 00:00:38,130 Dr. Park could really use you in Bay One. 13 00:00:38,173 --> 00:00:40,306 PARK: Kinsey, you made it! 14 00:00:40,349 --> 00:00:41,655 I'm taking this one up to the OR. 15 00:00:41,698 --> 00:00:42,612 I need you to jump on 16 00:00:42,656 --> 00:00:43,961 this fellow behind me. 17 00:00:44,005 --> 00:00:45,833 What do we have?Ryan Watkins. 18 00:00:45,876 --> 00:00:49,054 Male, lower abdominal gunshot wound. 19 00:00:49,097 --> 00:00:50,316 Next OR should open in ten minutes. 20 00:00:50,359 --> 00:00:51,839 Get started on him as soon as you can. 21 00:00:51,882 --> 00:00:52,883 Will do. 22 00:00:55,712 --> 00:00:58,150 Oh, man, not a lot left to put back together. 23 00:00:58,193 --> 00:00:59,325 Like a river. 24 00:00:59,368 --> 00:01:00,761 How is his pulse? 25 00:01:00,804 --> 00:01:02,850 Last I checked, thready. Barely there. 26 00:01:02,893 --> 00:01:05,461 [woman gasping]Dr. Kinsey? We're losing this patient. 27 00:01:06,506 --> 00:01:07,942 Her oxygen is in the toilet. 28 00:01:07,985 --> 00:01:08,986 She's not getting any air. 29 00:01:10,466 --> 00:01:12,120 Looks like a pneumothorax. 30 00:01:13,774 --> 00:01:15,428 Oh, no. Sounds like she's got blood in her lungs. 31 00:01:15,471 --> 00:01:17,256 Potential hemopneumo. How long has she been like this? 32 00:01:17,299 --> 00:01:18,431 How long has she not been breathing? 33 00:01:18,474 --> 00:01:20,085 I called you the moment I noticed. 34 00:01:20,128 --> 00:01:21,086 Just got a text. The OR is ready. 35 00:01:21,129 --> 00:01:22,652 We got to get going on this guy 36 00:01:22,696 --> 00:01:24,089 or might as well just send him directly to the morgue. 37 00:01:24,132 --> 00:01:25,090 Doctor, we got to go. 38 00:01:31,226 --> 00:01:32,967 You know what a REBOA is? 39 00:01:33,010 --> 00:01:34,142 Heard of it. Never seen it done. 40 00:01:34,186 --> 00:01:35,448 I want to give him one. 41 00:01:35,491 --> 00:01:37,145 It'll stop his bleeding for 20, 30 minutes. 42 00:01:37,189 --> 00:01:38,407 That'll give me a chance to work on her. 43 00:01:38,451 --> 00:01:39,887 That way maybe we can save them both. 44 00:01:39,930 --> 00:01:42,150 Isn't that kind of the definition of a Hail Mary? 45 00:01:42,194 --> 00:01:43,151 I don't know, I'm not into football 46 00:01:43,195 --> 00:01:44,500 and I don't go to church. 47 00:01:44,544 --> 00:01:46,111 I need a REBOA and some chest tubes, stat. 48 00:01:46,154 --> 00:01:48,287 NURSE: You're really going to use a REBOA? 49 00:01:48,330 --> 00:01:50,158 But Dr. Park told you to operate on him now. 50 00:01:50,202 --> 00:01:52,204 I know. But I'm not even sure we can save him. 51 00:01:52,247 --> 00:01:53,596 In fact, the only thing I'm certain of is, 52 00:01:53,640 --> 00:01:55,120 we take the time to get him over to the OR, 53 00:01:55,163 --> 00:01:56,295 we're absolutely losing her. 54 00:01:56,338 --> 00:01:57,513 But what if it doesn't work? 55 00:01:57,557 --> 00:01:58,514 What if we lose them both? 56 00:01:58,558 --> 00:02:00,125 It's going to work. 57 00:02:00,168 --> 00:02:02,214 I think I need to have a quick chat with Dr. Park. 58 00:02:02,257 --> 00:02:04,607 Walk away from that patient, don't bother coming back. 59 00:02:04,651 --> 00:02:06,305 TECHNICIAN: Here's your REBOA and your chest tubes. 60 00:02:06,348 --> 00:02:08,481 Great. Let's make some miracles. 61 00:02:08,524 --> 00:02:11,179 Let's hail some Marys. 62 00:02:17,054 --> 00:02:18,143 Hey. 63 00:02:21,276 --> 00:02:22,843 Ah... 64 00:02:24,105 --> 00:02:26,063 I can't lie. 65 00:02:26,107 --> 00:02:27,891 Feel pretty strange about this. 66 00:02:27,935 --> 00:02:29,937 No. Bull's right. 67 00:02:29,980 --> 00:02:31,112 You need your own office. 68 00:02:31,156 --> 00:02:34,115 I've been a lawyer for a minute and a half. 69 00:02:34,159 --> 00:02:35,290 I can work in the conference room. 70 00:02:35,334 --> 00:02:36,465 I'm happy to work in the conference room. 71 00:02:36,509 --> 00:02:38,641 But you're Benjamin Colón. 72 00:02:38,685 --> 00:02:42,036 Hell, rumor has it that you're running for D.A. 73 00:02:42,079 --> 00:02:43,951 of the greatest city in the world. 74 00:02:43,994 --> 00:02:45,605 [sighs] 75 00:02:45,648 --> 00:02:47,302 You need a place of your own, man. 76 00:02:47,346 --> 00:02:49,609 You need an office where you can hang that law degree 77 00:02:49,652 --> 00:02:50,958 up on the wall. 78 00:02:51,001 --> 00:02:53,439 Well, you've got a law degree. 79 00:02:53,482 --> 00:02:54,831 I certainly do. 80 00:02:54,875 --> 00:02:57,225 And now I'm working towards a wall to hang it on. 81 00:02:57,269 --> 00:03:00,141 Sorry to break up this legal convention, 82 00:03:00,185 --> 00:03:01,708 but the big guy is waiting for you 83 00:03:01,751 --> 00:03:03,536 in the conference room. 84 00:03:03,579 --> 00:03:06,060 I had just finished my rounds at the hospital 85 00:03:06,103 --> 00:03:07,627 about two and a half hours earlier. 86 00:03:07,670 --> 00:03:09,672 I was climbing out of the shower 87 00:03:09,716 --> 00:03:11,065 when one of the ER nurses called 88 00:03:11,108 --> 00:03:13,763 and said they were expecting... 89 00:03:13,807 --> 00:03:15,896 I thought she said hundreds of patients. 90 00:03:15,939 --> 00:03:18,159 But then I thought I must have misheard. 91 00:03:18,203 --> 00:03:19,465 But then she said there was some kind of 92 00:03:19,508 --> 00:03:21,249 mass casualty situation 93 00:03:21,293 --> 00:03:23,730 and they were calling in every off-duty doctor in the area. 94 00:03:23,773 --> 00:03:25,166 It was all hands on deck. 95 00:03:25,210 --> 00:03:27,124 Hmm. How many patients 96 00:03:27,168 --> 00:03:29,214 did Mercy actually receive that night? 97 00:03:29,257 --> 00:03:30,911 Over 200. 98 00:03:30,954 --> 00:03:32,565 All with penetrating gunshot wounds. 99 00:03:32,608 --> 00:03:35,307 And the deceased-- uh, Ryan Watkins-- 100 00:03:35,350 --> 00:03:37,004 he was your first patient? 101 00:03:37,047 --> 00:03:38,397 He was supposed to be. 102 00:03:38,440 --> 00:03:39,963 Soon as I got there, 103 00:03:40,007 --> 00:03:42,183 I conferred with Dr. Park, the chief trauma surgeon. 104 00:03:42,227 --> 00:03:44,881 And he was taking another patient up to the OR, 105 00:03:44,925 --> 00:03:47,406 so he told me to get started on Mr. Watkins. 106 00:03:47,449 --> 00:03:49,146 Was there any special reason 107 00:03:49,190 --> 00:03:51,758 why Dr. Park wanted you to operate on Watkins first? 108 00:03:51,801 --> 00:03:54,543 I mean, it sounds like there were plenty of people 109 00:03:54,587 --> 00:03:55,849 needing immediate care. 110 00:03:55,892 --> 00:03:57,198 No. 111 00:03:57,242 --> 00:03:58,765 I think Dr. Park just considered 112 00:03:58,808 --> 00:04:00,070 his injuries the most critical. 113 00:04:00,114 --> 00:04:01,768 But then I saw this woman. 114 00:04:01,811 --> 00:04:03,291 And to my eye, 115 00:04:03,335 --> 00:04:05,337 she was in as equally bad shape as Mr. Watkins. 116 00:04:05,380 --> 00:04:07,556 She had a lot of blood and air in her chest. 117 00:04:07,600 --> 00:04:09,254 Struggling to breathe. 118 00:04:09,297 --> 00:04:11,647 I needed to drain that blood and air fast or we'd lose her. 119 00:04:11,691 --> 00:04:14,346 But if I had operated on him first, 120 00:04:14,389 --> 00:04:16,478 that woman absolutely would have died 121 00:04:16,522 --> 00:04:18,611 while waiting for treatment. 122 00:04:18,654 --> 00:04:21,309 Whereas if I could just keep Mr. Watkins alive 123 00:04:21,353 --> 00:04:24,181 for a half hour, I could definitely save her 124 00:04:24,225 --> 00:04:26,358 and maybe save him, too. 125 00:04:26,401 --> 00:04:28,708 You know, one way, I'm staring at 126 00:04:28,751 --> 00:04:30,449 a likely lose-lose situation. 127 00:04:30,492 --> 00:04:32,494 The other, I was certain 128 00:04:32,538 --> 00:04:34,017 at least one of them was going to live. 129 00:04:34,061 --> 00:04:36,150 That's why you used this REBOA thing? 130 00:04:36,193 --> 00:04:39,327 I'm sorry. What is a REBOA? 131 00:04:39,371 --> 00:04:40,894 It stands for 132 00:04:40,937 --> 00:04:43,331 Resuscitative Endovascular Balloon Occlusion of the Aorta. 133 00:04:43,375 --> 00:04:46,116 It's a kind of internal tourniquet. 134 00:04:46,160 --> 00:04:48,945 A balloon catheter that you position 135 00:04:48,989 --> 00:04:51,208 in a person's aorta to prevent them from bleeding out. 136 00:04:52,340 --> 00:04:53,820 It buys you time. 137 00:04:53,863 --> 00:04:55,125 Which was what I needed. 138 00:04:55,169 --> 00:04:57,345 But it didn't work. 139 00:04:57,389 --> 00:05:00,130 Well, the other patient needed chest tubes. 140 00:05:00,174 --> 00:05:01,828 That should have taken 20 minutes, tops. 141 00:05:01,871 --> 00:05:03,743 But once I got in there, 142 00:05:03,786 --> 00:05:06,354 it was more complicated than I had anticipated. 143 00:05:06,398 --> 00:05:08,878 And by the time I got her stable 144 00:05:08,922 --> 00:05:10,358 and got back to Mr. Watkins, 145 00:05:10,402 --> 00:05:13,318 40, 45 minutes had gone by. 146 00:05:15,015 --> 00:05:17,017 And he-he didn't make it. 147 00:05:18,453 --> 00:05:21,195 I tried, but... 148 00:05:21,238 --> 00:05:22,414 CHUNK: So, the plaintiff, 149 00:05:22,457 --> 00:05:24,459 Mr. Watkins' mother, is saying 150 00:05:24,503 --> 00:05:26,592 that the REBOA should never have been used. 151 00:05:26,635 --> 00:05:28,637 Especially not for 40 minutes. 152 00:05:28,681 --> 00:05:31,945 They are arguing that the REBOA is not even considered 153 00:05:31,988 --> 00:05:33,642 an acceptable standard of care. 154 00:05:33,686 --> 00:05:35,949 I'm not denying it's a controversial technique. 155 00:05:35,992 --> 00:05:38,386 I mean, usually it's only a stop-gap measure 156 00:05:38,430 --> 00:05:40,432 to buy you the ten, 15 minutes it takes 157 00:05:40,475 --> 00:05:43,739 to get a patient into the OR and opened up. 158 00:05:43,783 --> 00:05:45,741 For what it's worth, I've personally made the REBOA work 159 00:05:45,785 --> 00:05:47,352 for up to an hour. 160 00:05:47,395 --> 00:05:48,831 Before I went into trauma, 161 00:05:48,875 --> 00:05:50,398 I was a military medic in Afghanistan, 162 00:05:50,442 --> 00:05:51,747 and I used it there all the time. 163 00:05:51,791 --> 00:05:53,793 Well, it'd be great if we could get someone in 164 00:05:53,836 --> 00:05:55,664 to testify to that-- other than you. 165 00:05:55,708 --> 00:05:59,189 You know, I didn't see your picture on the website. 166 00:05:59,233 --> 00:06:00,669 Ex-Excuse me? 167 00:06:00,713 --> 00:06:03,542 When I was researching the Trial Analysis Corporation. 168 00:06:03,585 --> 00:06:05,239 I remember reading about a lawyer, 169 00:06:05,282 --> 00:06:06,371 but I don't think he was you. 170 00:06:06,414 --> 00:06:08,808 Mr. Palmer has been with the firm 171 00:06:08,851 --> 00:06:11,027 for over five years in a variety of capacities. 172 00:06:11,071 --> 00:06:13,769 He's handled several cases on his own, 173 00:06:13,813 --> 00:06:17,382 but he did just officially pass the bar this last summer. 174 00:06:18,774 --> 00:06:22,430 But do you have any experience in medical malpractice? 175 00:06:22,474 --> 00:06:23,823 This firm has handled hundreds 176 00:06:23,866 --> 00:06:26,216 of medical malpractice cases, and I personally 177 00:06:26,260 --> 00:06:27,435 have super...But Mr. Palmer? 178 00:06:27,479 --> 00:06:30,830 This will be my first. 179 00:06:32,571 --> 00:06:34,964 There's another attorney here. 180 00:06:35,008 --> 00:06:37,271 And he has lots of experience in medical... 181 00:06:37,314 --> 00:06:38,620 No. I'm the trial scientist. 182 00:06:38,664 --> 00:06:40,448 I'm the tactician. 183 00:06:40,492 --> 00:06:42,624 And I am telling you he's the one to plead this case. 184 00:06:42,668 --> 00:06:44,626 Now, 185 00:06:44,670 --> 00:06:46,323 if you don't agree with that, there are plenty 186 00:06:46,367 --> 00:06:48,195 of other companies I'm sure you can go to 187 00:06:48,238 --> 00:06:49,501 that would be happy to take your money. 188 00:06:49,544 --> 00:06:52,068 But, Dr. Kinsey, this is a jury trial. 189 00:06:52,112 --> 00:06:53,069 It's six people. 190 00:06:53,113 --> 00:06:54,462 And they're going to decide 191 00:06:54,506 --> 00:06:55,811 whether you're innocent or guilty. 192 00:06:55,855 --> 00:06:57,160 They are going to decide 193 00:06:57,204 --> 00:06:58,466 whether you live the rest of your life 194 00:06:58,510 --> 00:07:01,295 in relative comfort or all-consuming debt. 195 00:07:01,338 --> 00:07:03,906 They're gonna decide whether you get to use 196 00:07:03,950 --> 00:07:06,518 the salutation "Doctor" in front of your name ever again. 197 00:07:06,561 --> 00:07:10,217 The other side is going to bring all kinds of sage, old men 198 00:07:10,260 --> 00:07:13,176 who will offer intimidating and confusing medical testimony. 199 00:07:13,220 --> 00:07:14,743 They'll try and bully their way to a verdict. 200 00:07:14,787 --> 00:07:17,529 Now, here's what I know. 201 00:07:17,572 --> 00:07:19,444 You give people a choice 202 00:07:19,487 --> 00:07:20,619 between something they understand 203 00:07:20,662 --> 00:07:22,534 and something they don't understand, 204 00:07:22,577 --> 00:07:24,318 they will almost always lean 205 00:07:24,361 --> 00:07:25,885 in the direction of the thing they understand. 206 00:07:25,928 --> 00:07:27,626 This case isn't about medicine. 207 00:07:27,669 --> 00:07:29,671 It's about being able to talk to six people. 208 00:07:29,715 --> 00:07:32,413 Being able to put them in your shoes 209 00:07:32,457 --> 00:07:34,894 when you had to make the decisions you had to make. 210 00:07:34,937 --> 00:07:37,244 And I'm telling you, 211 00:07:37,287 --> 00:07:39,638 this is the man for the job. 212 00:07:41,248 --> 00:07:42,554 Now... 213 00:07:42,597 --> 00:07:44,512 are we going to court or not? 214 00:07:46,253 --> 00:07:48,255 ♪ 215 00:07:57,220 --> 00:08:00,223 I appreciate your confidence in me. 216 00:08:00,267 --> 00:08:01,747 It's no big deal. 217 00:08:01,790 --> 00:08:03,183 I meant what I said. 218 00:08:03,226 --> 00:08:06,273 I think you're the right man for the job. 219 00:08:06,316 --> 00:08:08,275 I think the jurors are going to appreciate 220 00:08:08,318 --> 00:08:10,712 being talked to by someone like them. 221 00:08:10,756 --> 00:08:13,106 Someone who doesn't 222 00:08:13,149 --> 00:08:15,587 eat, sleep and drink medical malpractice. 223 00:08:15,630 --> 00:08:16,936 Someone who's just trying to figure out 224 00:08:16,979 --> 00:08:18,285 what really happened here. 225 00:08:18,328 --> 00:08:20,200 So, voir dire. 226 00:08:20,243 --> 00:08:22,028 You have any thoughts? 227 00:08:22,071 --> 00:08:24,552 So, in a perfect world, 228 00:08:24,596 --> 00:08:26,554 we would love to be talking to people 229 00:08:26,598 --> 00:08:28,295 who are at least willing to entertain the idea 230 00:08:28,338 --> 00:08:32,299 that Dr. Kinsey, finding herself in an impossible situation, 231 00:08:32,342 --> 00:08:34,388 made the best decisions she could... 232 00:08:34,431 --> 00:08:37,086 if not to save every life, then to save most lives. 233 00:08:38,697 --> 00:08:41,395 It really is a case study in lifeboat ethics. 234 00:08:41,438 --> 00:08:42,701 It is funny. 235 00:08:42,744 --> 00:08:44,224 Not one press report I've read 236 00:08:44,267 --> 00:08:45,878 mentions that Dr. Kinsey saved 237 00:08:45,921 --> 00:08:48,228 five other lives that day. 238 00:08:48,271 --> 00:08:50,665 Truth is, our client's a hero. 239 00:08:50,709 --> 00:08:52,232 The jury needs to hear that. 240 00:08:52,275 --> 00:08:54,669 And they need to hear it during voir dire. 241 00:08:55,844 --> 00:08:58,804 Everybody here know who Sully Sullenberger is? 242 00:08:58,847 --> 00:09:00,588 Yeah. 243 00:09:00,632 --> 00:09:03,548 He's the pilot who landed the plane on the Hudson River. 244 00:09:03,591 --> 00:09:05,158 That's him. 245 00:09:05,201 --> 00:09:07,421 Man behind the "Miracle on the Hudson." 246 00:09:07,464 --> 00:09:10,032 A hero. Right? 247 00:09:10,076 --> 00:09:13,253 Anybody remember why he had to land that plane on the river? 248 00:09:13,296 --> 00:09:14,646 Yes. 249 00:09:14,689 --> 00:09:16,386 The plane hit some birds, I think. 250 00:09:16,430 --> 00:09:18,258 Yes, it did. 251 00:09:18,301 --> 00:09:21,000 And it put that man in an impossible situation. 252 00:09:21,043 --> 00:09:23,524 Air traffic control had already ordered him 253 00:09:23,568 --> 00:09:24,612 back to the airport. 254 00:09:24,656 --> 00:09:26,396 He was convinced he wouldn't make it. 255 00:09:26,440 --> 00:09:28,268 So he improvised 256 00:09:28,311 --> 00:09:30,575 and decided to attempt a water landing. 257 00:09:30,618 --> 00:09:32,664 Didn't ask for permission. 258 00:09:32,707 --> 00:09:34,230 No time. 259 00:09:34,274 --> 00:09:36,232 He just did it. 260 00:09:36,276 --> 00:09:40,541 And managed to save every passenger on that plane. 261 00:09:40,585 --> 00:09:42,630 A hero... right? 262 00:09:42,674 --> 00:09:45,198 Juror 21. 263 00:09:45,241 --> 00:09:46,547 It says here that you were a police officer. 264 00:09:46,591 --> 00:09:49,202 How do you feel about that? 265 00:09:49,245 --> 00:09:51,378 The man was given an order and he defied it. 266 00:09:51,421 --> 00:09:52,727 Oh, I think everything worked out 267 00:09:52,771 --> 00:09:54,250 the way it was supposed to. 268 00:09:54,294 --> 00:09:56,078 The man was declared a hero. 269 00:09:56,122 --> 00:09:58,080 They made a movie out of it. 270 00:09:58,124 --> 00:09:59,604 He was played by Tom Hanks. 271 00:09:59,647 --> 00:10:02,171 [laughing]: I don't think it gets any better than that. 272 00:10:02,215 --> 00:10:04,173 Ground control to Major Tom? 273 00:10:04,217 --> 00:10:05,653 Diana Merrick. 274 00:10:05,697 --> 00:10:07,437 Former NYPD. 275 00:10:07,481 --> 00:10:09,048 Took an early retirement 276 00:10:09,091 --> 00:10:10,571 after getting injured on the job. 277 00:10:10,615 --> 00:10:11,659 BULL: Injured how? 278 00:10:11,703 --> 00:10:13,356 Suspect stabbed her during an arrest 279 00:10:13,400 --> 00:10:15,794 and then she apparently took him down with a fire extinguisher. 280 00:10:15,837 --> 00:10:16,838 Hit him with it. 281 00:10:16,882 --> 00:10:18,535 A woman of action. 282 00:10:18,579 --> 00:10:20,363 That's our kind of girl. 283 00:10:20,407 --> 00:10:24,367 Your Honor, juror 21 is acceptable to the defense. 284 00:10:24,411 --> 00:10:27,109 Nice work, Counselor. 285 00:10:27,153 --> 00:10:28,589 We make a pretty good team. 286 00:10:28,633 --> 00:10:31,157 Well, all I'm doing is following your lead. 287 00:10:31,200 --> 00:10:33,638 Like I said, we make a pretty good team. 288 00:10:34,682 --> 00:10:36,249 [chuckles] 289 00:10:36,292 --> 00:10:38,294 ♪ 290 00:10:40,340 --> 00:10:42,342 [indistinct chatter] 291 00:10:48,043 --> 00:10:49,218 BENNY: There he is. 292 00:10:49,262 --> 00:10:51,090 Oh, hustler, hustler. [laughs] 293 00:10:51,133 --> 00:10:54,310 Survived your first day on the medical malpractice beat? 294 00:10:54,354 --> 00:10:56,704 Other side threw in the towel. Gave up. 295 00:10:56,748 --> 00:10:58,271 Offered to pay us money to go away. 296 00:10:58,314 --> 00:11:01,404 Ooh. You are knee-deep now.Yeah. 297 00:11:01,448 --> 00:11:03,102 Keep shoveling.[laughs] 298 00:11:03,145 --> 00:11:04,320 Bull know you're here? 299 00:11:04,364 --> 00:11:06,714 Nah, but so what? 300 00:11:06,758 --> 00:11:10,979 Actually, I came by to tell you I think I'm good. 301 00:11:11,023 --> 00:11:12,720 Okay. 302 00:11:12,764 --> 00:11:14,722 So tell me about tomorrow. 303 00:11:14,766 --> 00:11:16,376 Opening statements. 304 00:11:16,419 --> 00:11:19,379 Plaintiffs are gonna say that my client made a bad decision 305 00:11:19,422 --> 00:11:20,902 she had no right to make, 306 00:11:20,946 --> 00:11:22,512 and I'm gonna tell them about a woman 307 00:11:22,556 --> 00:11:25,472 who found herself in the middle of a perfect storm, 308 00:11:25,515 --> 00:11:27,039 made the best choices she could, 309 00:11:27,082 --> 00:11:28,518 and saved five lives. 310 00:11:28,562 --> 00:11:30,390 First witness?Dr. Park. 311 00:11:30,433 --> 00:11:33,262 Now, he's gonna testify that he told her to operate 312 00:11:33,306 --> 00:11:35,264 on the plaintiff first. 313 00:11:35,308 --> 00:11:36,701 I'm gonna try to imply 314 00:11:36,744 --> 00:11:38,441 that it was actually he who was derelict, 315 00:11:38,485 --> 00:11:40,792 since he clearly didn't consider thoroughly 316 00:11:40,835 --> 00:11:43,229 the conditions of the other patients in the trauma bay. 317 00:11:43,272 --> 00:11:44,447 Sounds smart. 318 00:11:44,491 --> 00:11:47,407 Why, thank you, sir. [chuckles] 319 00:11:47,450 --> 00:11:49,235 I'm gonna go. 320 00:11:49,278 --> 00:11:51,367 Just beware of the bank shot. 321 00:11:52,934 --> 00:11:54,153 Come again? 322 00:12:01,029 --> 00:12:02,552 Damn. No, no. 323 00:12:04,293 --> 00:12:05,686 Oh, yeah. 324 00:12:06,339 --> 00:12:08,254 The bank shot. 325 00:12:09,385 --> 00:12:11,779 So you think you know why the plaintiff 326 00:12:11,823 --> 00:12:15,827 is calling a witness, and y-you may be right. 327 00:12:15,870 --> 00:12:19,308 But a lot of the time, the other side 328 00:12:19,352 --> 00:12:22,355 will call a witness with a whole other purpose entirely. 329 00:12:22,398 --> 00:12:23,704 The witness will say everything 330 00:12:23,748 --> 00:12:25,488 you expect him to say, but then, 331 00:12:25,532 --> 00:12:27,795 just at the last minute, boom, 332 00:12:27,839 --> 00:12:31,320 he'll throw a whole new fact pattern out there. 333 00:12:31,364 --> 00:12:32,321 Bank shot. 334 00:12:34,106 --> 00:12:36,282 So what do I do?Two things. 335 00:12:36,325 --> 00:12:37,674 One, do your best. 336 00:12:37,718 --> 00:12:40,286 Two, stop saying you're good. 337 00:12:40,329 --> 00:12:42,941 You shouldn't be good until this is all over. 338 00:12:42,984 --> 00:12:46,161 And then, only if you've won. 339 00:12:46,205 --> 00:12:48,076 Stay scared, Chunk. 340 00:12:49,208 --> 00:12:51,384 Bank shots can come out of nowhere. 341 00:12:51,427 --> 00:12:53,821 GROSSMAN: Let's talk about the evening of the shooting. 342 00:12:53,865 --> 00:12:56,345 How soon after you got the call 343 00:12:56,389 --> 00:12:58,478 did you have someone reach out to Dr. Kinsey 344 00:12:58,521 --> 00:13:01,133 and ask her to return to the hospital? 345 00:13:01,176 --> 00:13:03,309 I believe it was within minutes. 346 00:13:03,352 --> 00:13:07,356 GROSSMAN: And when she arrived, did you tell Dr. Kinsey to take 347 00:13:07,400 --> 00:13:09,881 Mr. Watkins up to the OR for surgery 348 00:13:09,924 --> 00:13:12,231 as soon as a room became available? 349 00:13:12,274 --> 00:13:14,320 I did.And even though 350 00:13:14,363 --> 00:13:18,498 she received that directive from you, her superior, 351 00:13:18,541 --> 00:13:22,110 that's not what Dr. Kinsey did, is it? 352 00:13:23,155 --> 00:13:24,852 PARK: No.Now, you mentioned 353 00:13:24,896 --> 00:13:27,072 that Dr. Kinsey decided to deploy 354 00:13:27,115 --> 00:13:28,290 a REBOA. 355 00:13:28,334 --> 00:13:29,857 Had you been consulted, 356 00:13:29,901 --> 00:13:31,641 would you have approved of this decision? 357 00:13:31,685 --> 00:13:34,514 No, I would not. 358 00:13:34,557 --> 00:13:39,475 In my 27 years, I've actually never used a REBOA. 359 00:13:39,519 --> 00:13:41,826 As far as I know, the mainstream medical community 360 00:13:41,869 --> 00:13:46,569 has still not reached a decision as to when, where or even if 361 00:13:46,613 --> 00:13:48,310 the REBOA should be used. 362 00:13:48,354 --> 00:13:50,530 It comes with a slew of complications 363 00:13:50,573 --> 00:13:52,706 and high mortality rates. 364 00:13:52,749 --> 00:13:55,796 Are you surprised the use of the REBOA resulted 365 00:13:55,840 --> 00:13:57,406 in Ryan Watkins' death? 366 00:13:57,450 --> 00:13:59,582 No. No further questions 367 00:13:59,626 --> 00:14:01,846 for this witness, Your Honor. 368 00:14:03,543 --> 00:14:06,459 I'm not a doctor, but I sense we're bleeding out here. 369 00:14:07,852 --> 00:14:09,462 Before I begin my questioning, 370 00:14:09,505 --> 00:14:10,855 I'd just like to thank you, Dr. Park, 371 00:14:10,898 --> 00:14:13,509 you and the entire Mercy Hospital team, 372 00:14:13,553 --> 00:14:16,251 for all of your hard work during that awful night. 373 00:14:16,295 --> 00:14:18,210 Thank you. 374 00:14:18,253 --> 00:14:20,516 Now, you testified that mere minutes after receiving 375 00:14:20,560 --> 00:14:22,431 the call about the mass shooting, 376 00:14:22,475 --> 00:14:25,043 you directed someone to call Dr. Kinsey 377 00:14:25,086 --> 00:14:26,827 and see if she'd be able to come back to work. 378 00:14:26,871 --> 00:14:29,438 Yes.Even though she just finished a 12-hour shift. 379 00:14:29,482 --> 00:14:30,613 Yes. 380 00:14:30,657 --> 00:14:32,441 You must hold her in pretty high regard, 381 00:14:32,485 --> 00:14:34,443 wouldn't you say? 382 00:14:34,487 --> 00:14:35,880 I suppose so. 383 00:14:35,923 --> 00:14:39,057 In fact, you hired her, didn't you? 384 00:14:39,100 --> 00:14:41,624 I was among the people on the committee 385 00:14:41,668 --> 00:14:43,626 that weighed in on her hiring, yes. 386 00:14:43,670 --> 00:14:47,152 I think it stands to reason that at some point 387 00:14:47,195 --> 00:14:50,764 you had a high degree of faith in Dr. Kinsey's decision-making. 388 00:14:50,807 --> 00:14:51,939 Wouldn't you say? 389 00:14:51,983 --> 00:14:54,289 And it's Chunk Palmer on the 20. 390 00:14:55,508 --> 00:14:57,553 I'm waiting for an answer, Dr. Park. 391 00:14:57,597 --> 00:14:59,599 GROSSMAN: Objection, Your Honor. Relevance. 392 00:14:59,642 --> 00:15:02,080 This trial is not about why Dr. Kinsey was hired. 393 00:15:02,123 --> 00:15:04,647 It is about why she did what she did 394 00:15:04,691 --> 00:15:08,477 after being given specific instructions by her superior. 395 00:15:08,521 --> 00:15:10,740 Objection sustained. Ask another question, 396 00:15:10,784 --> 00:15:12,525 Counselor. 397 00:15:12,568 --> 00:15:15,006 Situations like this, a-a mass shooting, 398 00:15:15,049 --> 00:15:16,746 are fast-moving 399 00:15:16,790 --> 00:15:18,487 and fluid, aren't they?Of course. 400 00:15:18,531 --> 00:15:20,837 And so, as patients are moved from EMS 401 00:15:20,881 --> 00:15:24,015 to emergency room doctors to trauma surgeons, 402 00:15:24,058 --> 00:15:27,975 quite often their condition changes rapidly, doesn't it? 403 00:15:28,019 --> 00:15:29,194 That's correct. 404 00:15:29,237 --> 00:15:30,978 And am I safe in assuming that, ideally, 405 00:15:31,022 --> 00:15:34,808 you would want them to be reassessed as often as possible? 406 00:15:34,851 --> 00:15:36,549 Of course. So, 407 00:15:36,592 --> 00:15:38,377 the night that you decided that Mr. Watkins 408 00:15:38,420 --> 00:15:41,771 should be operated on prior to anyone else, 409 00:15:41,815 --> 00:15:44,774 isn't it possible that while that was the right decision 410 00:15:44,818 --> 00:15:47,952 when you made it, it might not have been the right decision 411 00:15:47,995 --> 00:15:49,649 five or ten minutes later? 412 00:15:49,692 --> 00:15:51,477 And isn't it possible 413 00:15:51,520 --> 00:15:53,000 that on Dr. Kinsey's subsequent, 414 00:15:53,044 --> 00:15:55,307 more thorough examination, 415 00:15:55,350 --> 00:15:57,744 and faced with two critically wounded patients, 416 00:15:57,787 --> 00:16:00,442 she could reasonably disagree with your assessment? 417 00:16:00,486 --> 00:16:03,010 She lost a patient. 418 00:16:03,054 --> 00:16:06,492 If she had done what you told her, she could have lost two. 419 00:16:06,535 --> 00:16:08,233 Bingo.GROSSMAN: Objection, Your Honor. 420 00:16:08,276 --> 00:16:10,887 Counsel is testifying.[gavel bangs] 421 00:16:10,931 --> 00:16:13,107 Objection sustained. The jury will disregard 422 00:16:13,151 --> 00:16:14,848 counsel's last statement. 423 00:16:14,891 --> 00:16:16,632 It's already forever burned in their brains. 424 00:16:16,676 --> 00:16:18,025 RAND: Mr. Palmer? 425 00:16:18,069 --> 00:16:20,680 You do know the difference between a question 426 00:16:20,723 --> 00:16:22,638 and a statement, don't you? 427 00:16:22,682 --> 00:16:24,031 You bet he does. 428 00:16:24,075 --> 00:16:25,511 I do, Your Honor, and I apologize 429 00:16:25,554 --> 00:16:28,731 to the court and to the jury and the witness. 430 00:16:28,775 --> 00:16:30,516 Your apology's accepted. 431 00:16:30,559 --> 00:16:33,606 You get one, Mr. Palmer. 432 00:16:33,649 --> 00:16:35,521 Any more questions for this witness? 433 00:16:35,564 --> 00:16:38,698 Not at this time, Your Honor. 434 00:16:38,741 --> 00:16:40,047 GROSSMAN: Permission to redirect? 435 00:16:40,091 --> 00:16:41,918 RAND: Go ahead, Ms. Grossman. 436 00:16:41,962 --> 00:16:43,964 GROSSMAN: Now, Dr. Park, 437 00:16:44,008 --> 00:16:47,272 this isn't the first time that Dr. Kinsey has gone rogue 438 00:16:47,315 --> 00:16:48,621 while on your watch, is it? 439 00:16:48,664 --> 00:16:51,711 No, it is not. 440 00:16:51,754 --> 00:16:53,713 GROSSMAN: Could you elaborate for us, please? 441 00:16:53,756 --> 00:16:55,932 PARK: It was three months or so 442 00:16:55,976 --> 00:16:57,760 after Dr. Kinsey joined our staff. 443 00:16:57,804 --> 00:17:00,589 We had a patient, a car crash victim. 444 00:17:00,633 --> 00:17:04,680 Upon examination we realized she had cirrhosis-- liver disease-- 445 00:17:04,724 --> 00:17:06,117 and had developed ascites, 446 00:17:06,160 --> 00:17:10,077 essentially an accumulation of fluid in the abdomen 447 00:17:10,121 --> 00:17:14,212 which can cause kidney or liver failure if left untreated. 448 00:17:14,255 --> 00:17:16,866 And you had Dr. Kinsey work on this patient? 449 00:17:16,910 --> 00:17:20,783 Yes. A common procedure is to drain the fluid 450 00:17:20,827 --> 00:17:23,612 through what's called therapeutic paracentesis. 451 00:17:23,656 --> 00:17:26,789 You have to very carefully hold a needle 452 00:17:26,833 --> 00:17:28,617 while the fluid drains. 453 00:17:28,661 --> 00:17:33,318 If the patient moves or if the needle slips, 454 00:17:33,361 --> 00:17:36,451 it could puncture the liver, causing internal bleeding. 455 00:17:36,495 --> 00:17:39,672 And so you had Dr. Kinsey perform this procedure? 456 00:17:39,715 --> 00:17:41,108 That's correct. 457 00:17:41,152 --> 00:17:42,718 But apparently, there was 458 00:17:42,762 --> 00:17:45,852 an urgent situation down the hall, 459 00:17:45,895 --> 00:17:47,767 and instead of stopping the procedure 460 00:17:47,810 --> 00:17:51,988 and pulling the needle out to go and attend to the problem, 461 00:17:52,032 --> 00:17:55,905 Dr. Kinsey decided to tape the needle in place, 462 00:17:55,949 --> 00:17:58,821 I suppose hoping that it would auto-drain 463 00:17:58,865 --> 00:18:01,128 while she was off assisting down the hall. 464 00:18:01,172 --> 00:18:02,651 GROSSMAN: Is that something that's recommended 465 00:18:02,695 --> 00:18:04,392 while performing this procedure? 466 00:18:04,436 --> 00:18:06,307 No. Absolutely not. 467 00:18:06,351 --> 00:18:08,483 You never leave a sharp instrument 468 00:18:08,527 --> 00:18:11,138 sticking out of a patient unattended. 469 00:18:11,182 --> 00:18:13,227 Luckily, I came by to check on the procedure. 470 00:18:13,271 --> 00:18:15,577 I pulled the needle, preserving the patient's safety, 471 00:18:15,621 --> 00:18:18,580 and had a very long talk with Dr. Kinsey. 472 00:18:18,624 --> 00:18:23,759 The thing is, it was clever, but not responsible medicine. 473 00:18:23,803 --> 00:18:25,718 GROSSMAN: So, 474 00:18:25,761 --> 00:18:28,851 it appears that Dr. Kinsey has a history 475 00:18:28,895 --> 00:18:32,377 of maverick medical procedures that risk patient health. 476 00:18:32,420 --> 00:18:34,292 Objection. Counsel is testifying. 477 00:18:34,335 --> 00:18:35,989 Rephrase, Ms. Grossman. 478 00:18:36,032 --> 00:18:37,599 I'll withdraw the statement. 479 00:18:37,643 --> 00:18:39,819 No further questions. 480 00:18:45,607 --> 00:18:47,218 BULL: Where the hell did that come from? 481 00:18:47,261 --> 00:18:48,262 CHUNK: Bank shot. 482 00:18:52,179 --> 00:18:53,354 KINSEY: You have to understand. From my perspective, 483 00:18:53,398 --> 00:18:55,313 it was a nonevent. 484 00:18:55,356 --> 00:18:58,316 The woman's abdomen was draining just fine and I was attending 485 00:18:58,359 --> 00:18:59,404 to another patient. 486 00:18:59,447 --> 00:19:00,840 Dr. Park came by, 487 00:19:00,883 --> 00:19:02,276 and I wasn't doing it the way he would do it, 488 00:19:02,320 --> 00:19:05,018 but that doesn't mean I was doing it improperly. 489 00:19:05,061 --> 00:19:06,976 I don't mean to cast aspersions, 490 00:19:07,020 --> 00:19:10,066 but Park, he's the kind of guy who's gonna keep making his bed 491 00:19:10,110 --> 00:19:13,505 until it's absolutely perfect, even when the house is on fire. 492 00:19:13,548 --> 00:19:15,855 Be that as it may, the plaintiff's attorney 493 00:19:15,898 --> 00:19:17,987 has already planted it in the jury's mind 494 00:19:18,031 --> 00:19:20,425 that you're some kind of rebel doctor, 495 00:19:20,468 --> 00:19:22,557 willing to compromise your patient's well-being 496 00:19:22,601 --> 00:19:25,299 for the satisfaction of doing it your way. 497 00:19:25,343 --> 00:19:26,822 CHUNK: Do you know 498 00:19:26,866 --> 00:19:28,476 a Dr. Kendra Collier? 499 00:19:28,520 --> 00:19:31,044 Name rings a bell. 500 00:19:31,087 --> 00:19:33,873 Uh, maybe the military? Maybe Afghanistan? 501 00:19:33,916 --> 00:19:35,875 CHUNK: Well, she's on this revised witness list 502 00:19:35,918 --> 00:19:38,051 and is first up to testify tomorrow. 503 00:19:38,094 --> 00:19:39,879 Sorry. 504 00:19:39,922 --> 00:19:43,317 In case it jogs your memory, she is a critical care physician 505 00:19:43,361 --> 00:19:44,927 out of San Antonio? 506 00:19:44,971 --> 00:19:47,103 Never been to San Antonio. 507 00:19:47,147 --> 00:19:48,061 TAYLOR: Okay, how's this? 508 00:19:48,104 --> 00:19:50,933 From 2004 to 2009, she worked 509 00:19:50,977 --> 00:19:52,848 at Landstuhl Regional Medical Facility in Germany. 510 00:19:52,892 --> 00:19:54,894 Okay. Military doctor, I got that part right, 511 00:19:54,937 --> 00:19:56,983 but I never served in Germany. 512 00:19:57,026 --> 00:19:58,332 MARISSA: So you have no clue why they're calling her 513 00:19:58,376 --> 00:20:00,073 to testify? 514 00:20:00,116 --> 00:20:03,163 Uh, San Antonio to New York City is a pretty pricy plane ticket. 515 00:20:03,207 --> 00:20:04,817 There's got to be a reason that they're willing 516 00:20:04,860 --> 00:20:06,253 to go to so much trouble. 517 00:20:07,341 --> 00:20:09,169 I'm sorry. I don't know who she is. 518 00:20:10,126 --> 00:20:12,738 Well, I guess we will all find out tomorrow. 519 00:20:14,740 --> 00:20:16,002 [brakes squeaking] 520 00:20:16,045 --> 00:20:17,221 We making a stop? 521 00:20:17,264 --> 00:20:19,440 I asked Benny to join us. 522 00:20:19,484 --> 00:20:21,442 He's gonna sit with me in the gallery. 523 00:20:21,486 --> 00:20:24,184 I need an extra set of eyes and ears. 524 00:20:25,316 --> 00:20:27,056 [grunts] 525 00:20:28,057 --> 00:20:29,450 Morning, fellas. 526 00:20:29,494 --> 00:20:32,148 Well, isn't this a nice surprise? 527 00:20:32,192 --> 00:20:34,107 I was just reading about you in the newspaper here. 528 00:20:34,150 --> 00:20:35,500 At least I think it's you. 529 00:20:35,543 --> 00:20:37,153 The way they spelled your name made it sound 530 00:20:37,197 --> 00:20:39,678 like you're a part of somebody's digestive system. 531 00:20:39,721 --> 00:20:43,247 "Benny Colon." [laughs] 532 00:20:43,290 --> 00:20:46,511 Seriously, man, congratulations. You got my vote. 533 00:20:46,554 --> 00:20:49,862 Yeah, that's just 'cause you want your old office back. 534 00:20:49,905 --> 00:20:52,081 So you made the announcement last night? 535 00:20:52,125 --> 00:20:53,822 Not me, personally, but yeah. 536 00:20:53,866 --> 00:20:55,955 It's finally out there. 537 00:20:55,998 --> 00:20:58,087 I think they were afraid if they didn't announce it soon, 538 00:20:58,131 --> 00:21:00,481 I was going to change my mind. [gavel bangs] 539 00:21:00,525 --> 00:21:02,048 GROSSMAN: Dr. Collier, 540 00:21:02,091 --> 00:21:05,007 the defendant, Dr. Kinsey, in her deposition, claims 541 00:21:05,051 --> 00:21:09,142 that she successfully deployed a REBOA for over one hour 542 00:21:09,185 --> 00:21:13,320 in a Colonel Mark Winston during her service in Afghanistan. 543 00:21:13,364 --> 00:21:14,887 Now, you were part 544 00:21:14,930 --> 00:21:16,845 of the treatment team at Landstuhl 545 00:21:16,889 --> 00:21:19,152 for that same soldier, correct?Correct. 546 00:21:19,195 --> 00:21:22,111 Can you tell us about Colonel Winston's injuries? 547 00:21:22,155 --> 00:21:25,941 Winston's unit was hit with an improvised explosive device 548 00:21:25,985 --> 00:21:27,334 in Afghanistan. 549 00:21:27,378 --> 00:21:29,380 He suffered massive abdominal wounds 550 00:21:29,423 --> 00:21:32,208 and had to be transferred to the Kandahar base for surgery, 551 00:21:32,252 --> 00:21:34,689 and then to us in Landstuhl for further treatment. 552 00:21:34,733 --> 00:21:37,039 He survived the transports, but died in our care 553 00:21:37,083 --> 00:21:38,563 eight days later. 554 00:21:38,606 --> 00:21:39,781 Oh, no... 555 00:21:39,825 --> 00:21:42,915 GROSSMAN: Were his wounds just too severe? 556 00:21:42,958 --> 00:21:45,613 His wounds were very severe. But that's not what killed him. 557 00:21:45,657 --> 00:21:48,355 Well, then, what did? 558 00:21:48,399 --> 00:21:50,444 Well, as you mentioned, the medical team 559 00:21:50,488 --> 00:21:52,228 who performed the initial transport in Afghanistan, 560 00:21:52,272 --> 00:21:53,229 the one supervised 561 00:21:53,273 --> 00:21:54,927 by Dr. Kinsey, 562 00:21:54,970 --> 00:21:59,105 used a REBOA to keep the colonel from hemorrhaging during flight. 563 00:21:59,148 --> 00:22:02,151 Unfortunately, the transport took an hour, 564 00:22:02,195 --> 00:22:05,720 and that's a long time to cut off someone's blood supply. 565 00:22:05,764 --> 00:22:08,244 So you're saying it was the REBOA 566 00:22:08,288 --> 00:22:10,508 that led to Colonel Winston's death? 567 00:22:10,551 --> 00:22:12,597 Essentially, yes. 568 00:22:12,640 --> 00:22:14,076 The REBOA pretty much killed his legs, 569 00:22:14,120 --> 00:22:17,036 and Winston ultimately died of sepsis. 570 00:22:17,079 --> 00:22:18,254 GROSSMAN: But this didn't happen 571 00:22:18,298 --> 00:22:20,866 in the case of Ryan Watkins, did it? 572 00:22:20,909 --> 00:22:23,521 Same cause, different complication. 573 00:22:23,564 --> 00:22:26,262 In Mr. Watkins' case, it wasn't his legs, 574 00:22:26,306 --> 00:22:28,613 but the end result was the same. 575 00:22:28,656 --> 00:22:32,399 So, in your professional opinion, was it reasonable 576 00:22:32,443 --> 00:22:36,403 for Dr. Kinsey to assume that she could successfully deploy 577 00:22:36,447 --> 00:22:39,841 a REBOA for such a lengthy period of time 578 00:22:39,885 --> 00:22:42,801 in either Colonel Winston or, for that matter, 579 00:22:42,844 --> 00:22:45,194 in the case of Ryan Watkins? 580 00:22:45,238 --> 00:22:46,761 No. 581 00:22:46,805 --> 00:22:49,808 You just can't keep it in that long and expect it to work. 582 00:22:49,851 --> 00:22:52,114 GROSSMAN: No further questions. 583 00:22:52,158 --> 00:22:53,986 Your witness, Mr. Palmer. 584 00:22:54,029 --> 00:22:56,075 Ask the judge for a short recess. 585 00:22:56,118 --> 00:22:58,294 I think the two of us should confer with Benny. 586 00:22:58,338 --> 00:22:59,774 I got this. 587 00:23:01,472 --> 00:23:05,432 Okay, I just listened to your testimony, Dr. Collier, 588 00:23:05,476 --> 00:23:08,783 and I have to tell you I'm a little confused. 589 00:23:08,827 --> 00:23:10,219 Let me see if I can't help you, then. 590 00:23:10,263 --> 00:23:13,266 CHUNK: Great. So, let's start back at the beginning. 591 00:23:13,309 --> 00:23:15,181 A patient like Colonel Winston, 592 00:23:15,224 --> 00:23:19,054 all these abdominal wounds... 593 00:23:19,098 --> 00:23:21,796 There any way he's gonna survive a 60-minute transport 594 00:23:21,840 --> 00:23:24,538 without some sort of hemorrhage control? 595 00:23:26,410 --> 00:23:29,456 No.And without some sort of hemorrhage control, 596 00:23:29,500 --> 00:23:32,372 how quickly is someone in the colonel's condition 597 00:23:32,416 --> 00:23:36,376 likely to bleed out? 30 minutes? 598 00:23:37,812 --> 00:23:39,684 15 minutes? 599 00:23:41,207 --> 00:23:44,166 Would he have even lasted five minutes? 600 00:23:45,864 --> 00:23:47,343 Less than five minutes. 601 00:23:47,387 --> 00:23:49,171 CHUNK: So the options were either 602 00:23:49,215 --> 00:23:51,304 let the patient die on the helicopter, 603 00:23:51,347 --> 00:23:55,308 or deploy this REBOA and get him to a facility 604 00:23:55,351 --> 00:23:58,311 where he could be treated and possibly saved? 605 00:23:58,354 --> 00:24:00,182 Isn't that correct? 606 00:24:00,226 --> 00:24:02,968 Basically, yes.So the REBOA 607 00:24:03,011 --> 00:24:05,971 bought him time. 608 00:24:06,014 --> 00:24:09,278 In fact, it bought him eight days, didn't it? 609 00:24:09,322 --> 00:24:10,932 Because had it not been used, 610 00:24:10,976 --> 00:24:12,847 he would have died on day one. 611 00:24:12,891 --> 00:24:14,022 Isn't that correct? 612 00:24:14,066 --> 00:24:15,633 Yes, that would be correct. 613 00:24:15,676 --> 00:24:17,156 So let me ask you a question. 614 00:24:17,199 --> 00:24:18,418 During the time that you were 615 00:24:18,462 --> 00:24:20,855 treating the colonel in Landstuhl, 616 00:24:20,899 --> 00:24:23,467 did his family come to see him? 617 00:24:23,510 --> 00:24:26,295 His wife, his son? 618 00:24:26,339 --> 00:24:28,123 Yes, I believe they did. 619 00:24:28,167 --> 00:24:31,910 So the REBOA, the dreaded REBOA, 620 00:24:31,953 --> 00:24:35,609 actually allowed the colonel to have eight more days 621 00:24:35,653 --> 00:24:39,526 to spend with his family and to say goodbye to them? 622 00:24:39,570 --> 00:24:40,832 Isn't that correct? 623 00:24:40,875 --> 00:24:42,921 Yes. 624 00:24:42,964 --> 00:24:45,053 I suppose it did. 625 00:24:45,097 --> 00:24:47,142 Sounds like Dr. Kinsey 626 00:24:47,186 --> 00:24:49,754 made the right choice to me.GROSSMAN: Objection! 627 00:24:49,797 --> 00:24:51,320 Counsel is testifying. 628 00:24:51,364 --> 00:24:52,583 RAND: Objection sustained. 629 00:24:52,626 --> 00:24:55,281 The jury will ignore counsel's last question. 630 00:24:55,324 --> 00:24:58,502 I do apologize, Your Honor. No further questions. 631 00:24:58,545 --> 00:25:02,854 Gosh, I knew him when he used to tell clients what color shirts 632 00:25:02,897 --> 00:25:05,552 to wear to their depositions. 633 00:25:05,596 --> 00:25:10,383 Very impressive cross-examination, Chunk.Thank you. 634 00:25:10,426 --> 00:25:12,472 I'm glad you think so, Counselor. 635 00:25:12,516 --> 00:25:16,563 Mr. Palmer, the next time I tell you to ask for a short recess, 636 00:25:16,607 --> 00:25:18,434 ask for a short recess. 637 00:25:18,478 --> 00:25:20,132 Bull, the man did great. 638 00:25:20,175 --> 00:25:22,047 And then we will go out into the hall, 639 00:25:22,090 --> 00:25:24,049 you will share your thoughts, I will share my thoughts, 640 00:25:24,092 --> 00:25:26,051 and Mr. Colón, who is not yet the city's D.A., 641 00:25:26,094 --> 00:25:27,443 will offer his point of view, 642 00:25:27,487 --> 00:25:29,620 and then I will decide what we are going to do. 643 00:25:29,663 --> 00:25:33,188 Do we all understand each other? 644 00:25:33,232 --> 00:25:35,756 Well, I understand what you're saying, 645 00:25:35,800 --> 00:25:37,845 but I don't know why you're saying it. 646 00:25:37,889 --> 00:25:40,326 Because you got lucky, Chunk. 647 00:25:40,369 --> 00:25:42,328 We walked into court today knowing very little 648 00:25:42,371 --> 00:25:43,547 about that doctor. 649 00:25:43,590 --> 00:25:45,636 We didn't even know why she was testifying. 650 00:25:45,679 --> 00:25:47,812 She could have just as easily answered your question 651 00:25:47,855 --> 00:25:50,597 that it was her medical skill that kept that man alive 652 00:25:50,641 --> 00:25:52,425 for eight days, and it would have been 20 653 00:25:52,468 --> 00:25:54,209 had our client not used a REBOA. 654 00:25:54,253 --> 00:25:56,472 But she didn't say any of that, did she? 655 00:25:56,516 --> 00:25:58,474 Don't confuse luck with skill. 656 00:25:58,518 --> 00:25:59,780 I'm not confused. 657 00:25:59,824 --> 00:26:01,434 I took a shot and it paid off. 658 00:26:01,477 --> 00:26:03,479 Well, we don't take shots with other people's lives 659 00:26:03,523 --> 00:26:05,612 and livelihoods, and we don't ask questions 660 00:26:05,656 --> 00:26:07,222 we don't know the answers to. 661 00:26:07,266 --> 00:26:09,747 And we certainly don't ignore the opportunity 662 00:26:09,790 --> 00:26:12,619 to compare notes with two people whose combined experience 663 00:26:12,663 --> 00:26:15,753 equals almost as much time as you've been on the planet. 664 00:26:19,321 --> 00:26:21,367 He's running for office, you're going rogue. 665 00:26:23,717 --> 00:26:25,197 Believe me, I'd go to court 666 00:26:25,240 --> 00:26:28,069 and ask the questions myself if I could. [scoffs] 667 00:26:37,035 --> 00:26:38,819 Sorry. Sorry, sorry. 668 00:26:38,863 --> 00:26:40,865 I couldn't get a cab. I ended up taking the subway. 669 00:26:40,908 --> 00:26:42,736 And forgive me, I never got a chance 670 00:26:42,780 --> 00:26:45,652 to tell you how impressive you were yesterday, 671 00:26:45,696 --> 00:26:46,784 cross-examining that doctor from San Antonio. 672 00:26:46,827 --> 00:26:49,134 Thank you. Just got lucky. 673 00:26:49,177 --> 00:26:50,831 KINSEY: Whatever. It worked. 674 00:26:50,875 --> 00:26:52,920 So, what does today hold? 675 00:26:52,964 --> 00:26:55,183 That's what we're here to ask you. 676 00:26:55,227 --> 00:26:57,925 The first witness up today is Nurse Darna Bautista. 677 00:26:57,969 --> 00:27:00,624 Now, she worked with you the night that Mr. Watkins died. 678 00:27:00,667 --> 00:27:02,277 Any idea what she's gonna say? 679 00:27:02,321 --> 00:27:04,802 [scoffs] That I'm a bitch. 680 00:27:04,845 --> 00:27:06,717 She idolizes Dr. Park. 681 00:27:06,760 --> 00:27:08,414 When I said I wasn't gonna do things 682 00:27:08,457 --> 00:27:10,938 in exactly the way... in exactly the order 683 00:27:10,982 --> 00:27:12,766 that Dr. Park indicated, 684 00:27:12,810 --> 00:27:14,638 she looked like she was gonna have a stroke. 685 00:27:14,681 --> 00:27:16,770 When you say she idolizes Dr. Park, 686 00:27:16,814 --> 00:27:17,902 what does that mean? 687 00:27:17,945 --> 00:27:19,730 They were friends? Lovers? 688 00:27:19,773 --> 00:27:21,514 No, I don't think so. 689 00:27:21,557 --> 00:27:24,560 I just know she thinks he walks on water. 690 00:27:24,604 --> 00:27:27,041 Nurse Bautista, you were one of the ER nurses 691 00:27:27,085 --> 00:27:29,565 working at Mercy the evening of the shooting? 692 00:27:29,609 --> 00:27:30,871 Yes, I was. 693 00:27:30,915 --> 00:27:33,004 I was providing care for Ryan Watkins. 694 00:27:33,047 --> 00:27:35,223 First under the supervision of Dr. Park, 695 00:27:35,267 --> 00:27:37,748 and then under the supervision of Dr. Kinsey. 696 00:27:37,791 --> 00:27:40,620 And did you have occasion to tell Dr. Kinsey 697 00:27:40,664 --> 00:27:42,100 anything about her patient? 698 00:27:42,143 --> 00:27:43,536 I did. 699 00:27:43,579 --> 00:27:45,625 I'm guessing you're talking about 700 00:27:45,669 --> 00:27:47,105 normal medical information 701 00:27:47,148 --> 00:27:50,369 that a doctor might expect a nurse to provide. Yes. 702 00:27:50,412 --> 00:27:54,025 But I also shared something else with her. 703 00:27:54,068 --> 00:27:56,418 Something I shouldn't have shared. 704 00:27:56,462 --> 00:27:58,682 Something that wasn't true, 705 00:27:58,725 --> 00:28:00,031 although I didn't know it at the time. 706 00:28:00,074 --> 00:28:01,423 What did she say to you? 707 00:28:01,467 --> 00:28:03,948 I honestly don't know. Nothing beyond the usual. 708 00:28:03,991 --> 00:28:05,950 GROSSMAN: And what was that? 709 00:28:05,993 --> 00:28:10,128 You have to understand, it was chaos that night. 710 00:28:10,171 --> 00:28:12,783 There was all kinds of misinformation flying around. 711 00:28:12,826 --> 00:28:14,828 At one point we heard there were three gunmen. 712 00:28:14,872 --> 00:28:16,308 At another point, somebody wrote a tweet 713 00:28:16,351 --> 00:28:19,006 that the shooting was a terrorist operation. 714 00:28:19,050 --> 00:28:21,487 We understand how stressful this situation 715 00:28:21,530 --> 00:28:23,663 must have been for you, Ms. Bautista, 716 00:28:23,707 --> 00:28:25,447 but what is it 717 00:28:25,491 --> 00:28:27,058 you said to Dr. Kinsey? 718 00:28:28,102 --> 00:28:30,583 When EMS brought in Mr. Watkins 719 00:28:30,626 --> 00:28:33,978 into the ER that night... 720 00:28:34,021 --> 00:28:39,505 I was led to believe that he, um, Mr. Watkins... 721 00:28:39,548 --> 00:28:40,898 was the shooter. 722 00:28:42,116 --> 00:28:44,945 And you shared that with Dr. Kinsey? 723 00:28:44,989 --> 00:28:46,251 Yes, I did. 724 00:28:46,294 --> 00:28:47,774 Obviously, I don't know if that 725 00:28:47,818 --> 00:28:51,038 had anything to do with Dr. Kinsey's decision, 726 00:28:51,082 --> 00:28:52,605 but I know it would have affected me 727 00:28:52,648 --> 00:28:54,172 if I had been in her shoes. 728 00:28:54,215 --> 00:28:56,043 Objection. The witness is speculating, 729 00:28:56,087 --> 00:28:57,088 offering her opinion. 730 00:28:57,131 --> 00:28:59,351 Sustained. Jury will ignore. 731 00:28:59,394 --> 00:29:02,920 GROSSMAN: So, Nurse Bautista, in a situation like this, 732 00:29:02,963 --> 00:29:05,836 is it a doctor's job to determine 733 00:29:05,879 --> 00:29:10,362 whose life is more valuable, who deserves to be saved? 734 00:29:10,405 --> 00:29:14,061 Your Honor, opposing counsel is soliciting the witness's opinion 735 00:29:14,105 --> 00:29:15,410 using different phrasing. 736 00:29:15,454 --> 00:29:17,282 Sustained. Ms. Grossman, 737 00:29:17,325 --> 00:29:20,285 the ice is paper-thin where you're standing. 738 00:29:20,328 --> 00:29:21,808 You understand me? 739 00:29:21,852 --> 00:29:24,028 I do, Your Honor, and I withdraw the question. 740 00:29:24,071 --> 00:29:25,681 No further questions. 741 00:29:25,725 --> 00:29:27,901 I promise you, I have no recollection of anyone saying 742 00:29:27,945 --> 00:29:29,468 that any of the people we were trying to save 743 00:29:29,511 --> 00:29:30,599 that night might have been the shooter. 744 00:29:30,643 --> 00:29:32,036 I know, I know. 745 00:29:32,079 --> 00:29:34,081 Ask for a short recess. 746 00:29:36,083 --> 00:29:39,652 Okay, we basically have two choices. 747 00:29:39,695 --> 00:29:42,611 We can go back in there and say we have 748 00:29:42,655 --> 00:29:44,700 no more questions for the nurse 749 00:29:44,744 --> 00:29:47,225 and start our case by putting on Dr. Kinsey. 750 00:29:47,268 --> 00:29:48,661 That's a horrible choice. 751 00:29:48,704 --> 00:29:50,402 Or we go back in there and say we have no questions 752 00:29:50,445 --> 00:29:52,796 for the nurse and rest our case as well, 753 00:29:52,839 --> 00:29:55,059 and stake everything on closing arguments. 754 00:29:55,102 --> 00:29:58,714 Oh, my God, so we're just... giving up? 755 00:29:58,758 --> 00:30:00,760 With all due respect, Dr. Bull, 756 00:30:00,804 --> 00:30:02,414 but why wouldn't you want me to go back in there 757 00:30:02,457 --> 00:30:03,850 and grill that nurse? 758 00:30:03,894 --> 00:30:05,417 Get her to admit that she never said those things. 759 00:30:05,460 --> 00:30:07,245 And how are you gonna do that? 760 00:30:07,288 --> 00:30:10,683 How are you going to prove someone didn't say something? 761 00:30:10,726 --> 00:30:13,207 How are you gonna prove a negative? 762 00:30:13,251 --> 00:30:15,079 It's just gonna be her word against ours, 763 00:30:15,122 --> 00:30:17,516 and no one is accusing her of having allowed someone to die. 764 00:30:17,559 --> 00:30:19,866 But we can't let that jury think that 765 00:30:19,910 --> 00:30:21,912 what that nurse said is the truth. 766 00:30:23,914 --> 00:30:26,090 That's why we're gonna put Dr. Kinsey on the stand. 767 00:30:26,133 --> 00:30:28,875 You can deny having heard it. 768 00:30:28,919 --> 00:30:30,268 And, yes, 769 00:30:30,311 --> 00:30:33,053 it will still be your word against the nurse's, 770 00:30:33,097 --> 00:30:36,056 but at least we will have answered the accusation. 771 00:30:36,100 --> 00:30:38,015 It will be on the record. 772 00:30:38,058 --> 00:30:40,191 And then we will get you off the stand 773 00:30:40,234 --> 00:30:42,889 as quickly as possible and move on to closing arguments. 774 00:30:42,933 --> 00:30:45,457 So, wait, there are no other witnesses? 775 00:30:45,500 --> 00:30:47,546 What about the people I saved that night? 776 00:30:47,589 --> 00:30:49,461 Their family members.BULL: No. 777 00:30:49,504 --> 00:30:52,116 The second we swear them in, opposing counsel will challenge 778 00:30:52,159 --> 00:30:56,033 on the basis of relevance, and we will lose. 779 00:30:56,076 --> 00:30:57,817 Because your ability to help them 780 00:30:57,861 --> 00:31:01,081 isn't relevant to the question of whether you were reckless 781 00:31:01,125 --> 00:31:03,301 in your treatment of Mr. Watkins. 782 00:31:04,432 --> 00:31:07,131 I'm sorry, it just isn't. 783 00:31:07,174 --> 00:31:08,480 CHUNK: Dr. Kinsey, 784 00:31:08,523 --> 00:31:11,135 do you recall Nurse Bautista telling you 785 00:31:11,178 --> 00:31:15,182 that Ryan Watkins, the man whose life you were trying to save, 786 00:31:15,226 --> 00:31:17,663 was in fact the man who killed 38 people 787 00:31:17,706 --> 00:31:20,013 at the "We Are All from Somewhere Else" demonstration? 788 00:31:20,057 --> 00:31:25,062 No. I have no recollection of that. None. 789 00:31:25,105 --> 00:31:28,500 And for what it's worth, had she told me, 790 00:31:28,543 --> 00:31:31,155 it would have made no difference in my decision-making 791 00:31:31,198 --> 00:31:34,114 with regard to Mr. Watkins' care that night. 792 00:31:34,158 --> 00:31:36,029 It's my job to help people, 793 00:31:36,073 --> 00:31:38,597 not to judge them. 794 00:31:38,640 --> 00:31:42,296 So tell us, why'd you do what you did? 795 00:31:42,340 --> 00:31:45,430 Why'd you defy your superior and decide to work 796 00:31:45,473 --> 00:31:47,911 on someone else first? 797 00:31:48,955 --> 00:31:50,609 Once Dr. Park left 798 00:31:50,652 --> 00:31:53,655 and I had a chance to examine Mr. Watkins for myself, 799 00:31:53,699 --> 00:31:57,224 I realized, he was really far gone. 800 00:31:57,268 --> 00:31:59,705 The likelihood of us saving him that night 801 00:31:59,748 --> 00:32:02,969 in the OR was slim at best. 802 00:32:03,013 --> 00:32:05,841 It was also clear to me that whatever we did, 803 00:32:05,885 --> 00:32:08,061 it was going to take hours. 804 00:32:08,105 --> 00:32:09,802 So when I saw that young woman, 805 00:32:09,845 --> 00:32:12,674 and realized with about a half an hour 806 00:32:12,718 --> 00:32:16,243 I could get her to a place where she could pull through... 807 00:32:18,332 --> 00:32:21,727 I... I had no choice. 808 00:32:21,770 --> 00:32:25,731 And what did Dr. Park say later on that night 809 00:32:25,774 --> 00:32:29,517 when he found out that Mr. Watkins didn't make it? 810 00:32:29,561 --> 00:32:32,390 I actually didn't see Dr. Park the rest of the night. 811 00:32:32,433 --> 00:32:35,045 I mean, there were literally hundreds of people 812 00:32:35,088 --> 00:32:37,786 seeking treatment; I was pretty much on my own. 813 00:32:37,830 --> 00:32:39,571 So working on your own, 814 00:32:39,614 --> 00:32:42,008 without any supervision, 815 00:32:42,052 --> 00:32:45,969 how many people did you personally save that night? 816 00:32:46,012 --> 00:32:50,582 I... I'm not really sure how you would define "saved." 817 00:32:50,625 --> 00:32:53,237 How many people would have died that night 818 00:32:53,280 --> 00:32:54,978 without you having treated them? 819 00:32:55,021 --> 00:32:58,155 At least five that I'm aware of. 820 00:32:58,198 --> 00:33:00,200 CHUNK: Five. 821 00:33:00,244 --> 00:33:02,986 No further questions, Your Honor. 822 00:33:03,029 --> 00:33:05,031 RAND: Very well. 823 00:33:05,075 --> 00:33:07,903 Does the plaintiff have any questions for the witness? 824 00:33:07,947 --> 00:33:10,341 I do, Your Honor. 825 00:33:10,384 --> 00:33:11,516 Just one. 826 00:33:11,559 --> 00:33:13,083 So... 827 00:33:13,126 --> 00:33:17,522 you believe that you saved five lives that night? 828 00:33:19,393 --> 00:33:21,787 And how many do you believe you lost? 829 00:33:21,830 --> 00:33:23,745 CHUNK: Objection! 830 00:33:23,789 --> 00:33:25,747 Asked and answered. 831 00:33:25,791 --> 00:33:28,489 Never mind. I withdraw the question. 832 00:33:35,018 --> 00:33:37,890 On August 25th, as hundreds of people 833 00:33:37,933 --> 00:33:40,327 prepared to defy the COVID virus 834 00:33:40,371 --> 00:33:42,025 and stage a mass protest of our government's 835 00:33:42,068 --> 00:33:44,766 policies towards people born in other countries 836 00:33:44,810 --> 00:33:46,420 who dream of better lives in America... 837 00:33:46,464 --> 00:33:48,553 I think you're gonna turn the jury off. 838 00:33:48,596 --> 00:33:49,815 These images are so disturbing, 839 00:33:49,858 --> 00:33:51,599 I can't even hear what Chunk is saying. 840 00:33:51,643 --> 00:33:52,992 CHUNK: ...on these shores...Chunk. 841 00:33:53,036 --> 00:33:57,388 Marissa is worried that the images are too violent, 842 00:33:57,431 --> 00:33:59,129 that they're gonna turn the jury off. 843 00:33:59,172 --> 00:34:01,087 Well, I disagree. 844 00:34:01,131 --> 00:34:04,090 The more graphic, the more in your face, the better. 845 00:34:04,134 --> 00:34:06,092 See, you're trying to make the jury understand 846 00:34:06,136 --> 00:34:07,833 what it must have been like for Dr. Kinsey, 847 00:34:07,876 --> 00:34:09,791 standing in the middle of all that, 848 00:34:09,835 --> 00:34:12,925 trying to save as many lives as possible. 849 00:34:12,968 --> 00:34:14,709 Do you do what you're told 850 00:34:14,753 --> 00:34:16,276 or do you do what you know is right? 851 00:34:16,320 --> 00:34:18,539 I second that.Yeah, but you're 852 00:34:18,583 --> 00:34:21,107 ex-law enforcement. You've seen a lot of blood and guts 853 00:34:21,151 --> 00:34:23,501 in your life. I mean, we've got a nursery school teacher 854 00:34:23,544 --> 00:34:25,285 on the jury. A seminary student... 855 00:34:25,329 --> 00:34:26,373 Wait a minute. 856 00:34:26,417 --> 00:34:27,679 [clears throat] 857 00:34:27,722 --> 00:34:30,377 Taylor, back it up about 30 seconds. 858 00:34:34,251 --> 00:34:37,515 Okay, okay. Stop it right there. 859 00:34:37,558 --> 00:34:40,648 Isn't this the guy who testified against our client? 860 00:34:40,692 --> 00:34:43,564 Told our client to operate on Ryan Watkins first? 861 00:34:43,608 --> 00:34:45,000 Her direct superior? 862 00:34:45,044 --> 00:34:47,090 Yeah, that's him. That's Dr. Park. 863 00:34:47,133 --> 00:34:49,266 Watch what he does. Unfreeze it, Taylor. 864 00:34:54,532 --> 00:34:56,969 BULL: Oh, freeze that. 865 00:34:57,012 --> 00:34:58,710 Weird thing to do. 866 00:34:58,753 --> 00:35:00,146 Especially in the middle of COVID. 867 00:35:00,190 --> 00:35:01,713 He knows her. 868 00:35:02,757 --> 00:35:03,932 CHUNK: 8:28 in the evening. 869 00:35:03,976 --> 00:35:06,631 About ten minutes after Dr. Kinsey arrived. 870 00:35:06,674 --> 00:35:09,721 And this is the patient that Dr. Park took to the OR 871 00:35:09,764 --> 00:35:12,767 when he told Dr. Kinsey to take care of Ryan. 872 00:35:14,029 --> 00:35:15,683 DANNY: Okay. 873 00:35:15,727 --> 00:35:16,684 I'm-I'm lost. 874 00:35:16,728 --> 00:35:17,685 That's two of us. 875 00:35:17,729 --> 00:35:19,600 What are you guys getting at? 876 00:35:19,644 --> 00:35:21,907 Well, we always said this was a case about lifeboat ethics, 877 00:35:21,950 --> 00:35:25,302 we just didn't know there was a whole other boat involved. 878 00:35:25,345 --> 00:35:26,738 [scoffs] 879 00:35:28,218 --> 00:35:30,307 Between now and tomorrow morning, 880 00:35:30,350 --> 00:35:31,917 I need you to find out everything that you can 881 00:35:31,960 --> 00:35:33,266 about that woman on the gurney. 882 00:35:34,702 --> 00:35:36,791 I'll be damned if I go back into that courtroom 883 00:35:36,835 --> 00:35:39,446 and ask a question I don't already know the answer to. 884 00:35:41,361 --> 00:35:42,710 Your Honor, 885 00:35:42,754 --> 00:35:43,929 with your permission-- 886 00:35:43,972 --> 00:35:46,061 I know that we already rested our case-- 887 00:35:46,105 --> 00:35:48,194 but before we begin closing arguments, 888 00:35:48,238 --> 00:35:49,891 the defense would like to call 889 00:35:49,935 --> 00:35:51,502 one last witness. Actually, 890 00:35:51,545 --> 00:35:52,851 we would like to recall 891 00:35:52,894 --> 00:35:54,331 one last witness. 892 00:35:54,374 --> 00:35:57,812 If Dr. Park could take the stand. 893 00:35:57,856 --> 00:35:59,336 Dr. Park, I appreciate you 894 00:35:59,379 --> 00:36:02,469 coming in last minute to testify in court today. 895 00:36:02,513 --> 00:36:05,342 Now, I have to be honest with you, 896 00:36:05,385 --> 00:36:06,995 I need your help. 897 00:36:07,039 --> 00:36:11,261 I've actually never served on a medical malpractice case before. 898 00:36:11,304 --> 00:36:12,784 And I'd be dishonest 899 00:36:12,827 --> 00:36:14,612 with you if I told you that I had 900 00:36:14,655 --> 00:36:16,962 any understanding whatsoever 901 00:36:17,005 --> 00:36:18,703 of medical ethics. 902 00:36:18,746 --> 00:36:20,052 How it all works. 903 00:36:20,095 --> 00:36:22,141 What it means. Now, you, 904 00:36:22,185 --> 00:36:24,709 as the head surgeon at Mercy Hospital, 905 00:36:24,752 --> 00:36:28,234 this is something you know a lot about, am I right? 906 00:36:29,279 --> 00:36:31,629 Actually, I've written a number of papers, 907 00:36:31,672 --> 00:36:35,023 presided over a number of seminars on the topic, yes. 908 00:36:35,067 --> 00:36:36,155 CHUNK: So... 909 00:36:36,199 --> 00:36:38,070 baseline question. 910 00:36:38,113 --> 00:36:42,292 What happens when doctors let their personal feelings 911 00:36:42,335 --> 00:36:44,642 get in the way of treating a patient? 912 00:36:45,947 --> 00:36:48,385 Well, all kinds of bad things can happen. 913 00:36:48,428 --> 00:36:50,561 Physicians have been known to freeze, 914 00:36:50,604 --> 00:36:52,606 to second-guess themselves. 915 00:36:52,650 --> 00:36:57,785 But I guess the biggest concern you see and hear about 916 00:36:57,829 --> 00:37:00,005 is doctors making bad calls 917 00:37:00,048 --> 00:37:01,615 because they're not thinking clearly. 918 00:37:01,659 --> 00:37:03,835 They're not thinking critically. 919 00:37:03,878 --> 00:37:05,489 Thank you. 920 00:37:05,532 --> 00:37:06,707 Thank you, Dr. Park. 921 00:37:06,751 --> 00:37:09,667 Thanks for clearing that up for me. 922 00:37:09,710 --> 00:37:10,972 Oh. 923 00:37:13,148 --> 00:37:16,456 Actually, just one last thing. 924 00:37:17,544 --> 00:37:21,461 [sighs] When they brought Ryan Watkins in that night, 925 00:37:21,505 --> 00:37:23,985 how many patients did they bring in with him? 926 00:37:26,161 --> 00:37:28,076 Including Ryan, three. 927 00:37:28,120 --> 00:37:30,296 He and two others.Okay. 928 00:37:30,340 --> 00:37:32,777 So we know that you told Dr. Kinsey 929 00:37:32,820 --> 00:37:35,867 to operate on Ryan Watkins first. 930 00:37:35,910 --> 00:37:38,043 Now, that person she actually chose to treat, 931 00:37:38,086 --> 00:37:39,566 did she come in with Ryan? 932 00:37:39,610 --> 00:37:40,611 Yes. 933 00:37:40,654 --> 00:37:42,047 And what about the third? 934 00:37:42,090 --> 00:37:44,745 Did we ever hear about what happened to the third? 935 00:37:45,877 --> 00:37:48,880 I took her up to the OR for immediate surgery. 936 00:37:48,923 --> 00:37:50,185 I see. 937 00:37:50,229 --> 00:37:52,797 And-and what was the extent of her injuries? 938 00:37:52,840 --> 00:37:55,016 She had been shot in the shoulder. 939 00:37:55,060 --> 00:37:57,323 CHUNK: And would you say that her injuries were 940 00:37:57,367 --> 00:37:59,717 more urgent than the abdominal gunshot wound 941 00:37:59,760 --> 00:38:01,806 suffered by Ryan Watkins? 942 00:38:01,849 --> 00:38:06,289 Or the hemopneumothorax that Dr. Kinsey treated? 943 00:38:10,858 --> 00:38:12,120 Dr. Park? 944 00:38:12,164 --> 00:38:14,688 I need you to answer the question. 945 00:38:15,820 --> 00:38:18,126 No. I would not say her injuries 946 00:38:18,170 --> 00:38:20,738 were more urgent than those sustained 947 00:38:20,781 --> 00:38:22,827 by the two patients you asked me about. 948 00:38:22,870 --> 00:38:24,394 That's odd. 949 00:38:24,437 --> 00:38:27,658 So if her injuries were less than severe, 950 00:38:27,701 --> 00:38:30,922 why did you decide to operate on her first? 951 00:38:35,187 --> 00:38:38,538 Dr. Park, did you know the patient that you worked on? 952 00:38:41,062 --> 00:38:42,107 Yes. 953 00:38:43,326 --> 00:38:44,283 Personally? 954 00:38:44,327 --> 00:38:45,676 Yes. 955 00:38:49,636 --> 00:38:54,206 She's Nurse Bautista's 20-year-old daughter. 956 00:38:56,774 --> 00:38:58,341 My goddaughter. 957 00:38:59,603 --> 00:39:02,519 So is that why you treated her first? 958 00:39:04,912 --> 00:39:06,827 If you had not known that patient, 959 00:39:06,871 --> 00:39:09,395 if you had not let this affect you, 960 00:39:09,439 --> 00:39:12,137 who would you have taken up to that operating room? 961 00:39:14,922 --> 00:39:16,968 [voice breaking]: Ryan Watkins. 962 00:39:18,230 --> 00:39:20,754 CHUNK: So if there was 963 00:39:20,798 --> 00:39:23,061 an error in judgment that night, 964 00:39:23,104 --> 00:39:25,629 it was not Dr. Kinsey's, 965 00:39:25,672 --> 00:39:27,631 was it? 966 00:39:27,674 --> 00:39:29,807 No. It was not. 967 00:39:34,986 --> 00:39:37,728 [whispers]: I told you he was the right man for the job. 968 00:39:43,908 --> 00:39:45,692 CHUNK: Can you stop all that racket? 969 00:39:45,736 --> 00:39:48,216 Some of us are in the midst of our own private euphorias 970 00:39:48,260 --> 00:39:51,872 and you're ruining it with the sound of all this manual labor. 971 00:39:51,916 --> 00:39:53,134 Well, well, well. 972 00:39:53,178 --> 00:39:55,485 If it isn't Clarence Darrow.[Chunk chuckles] 973 00:39:55,528 --> 00:39:57,835 Hey. Congratulations again. 974 00:39:57,878 --> 00:39:59,402 You killed it today. 975 00:39:59,445 --> 00:40:00,881 [laughs] I did. 976 00:40:00,925 --> 00:40:02,361 BENNY: Yeah. 977 00:40:02,405 --> 00:40:05,320 What brings you out on this cold and wintery night? 978 00:40:05,364 --> 00:40:07,845 Couldn't sleep. 979 00:40:07,888 --> 00:40:10,543 I'd close my eyes and I'd keep seeing 980 00:40:10,587 --> 00:40:12,806 the jury handing down that verdict. 981 00:40:12,850 --> 00:40:14,329 That look of satisfaction 982 00:40:14,373 --> 00:40:16,854 and pride on Bull's face. [chuckles] 983 00:40:16,897 --> 00:40:19,378 The gratitude on Dr. Kinsey's. 984 00:40:19,422 --> 00:40:22,903 I'm a grown man and it is embarrassing to be this much 985 00:40:22,947 --> 00:40:25,558 in love with what you do for a living, you know? 986 00:40:25,602 --> 00:40:30,345 Anyway, I, uh, I got out, took a walk. 987 00:40:30,389 --> 00:40:31,869 Tried to clear my head. 988 00:40:31,912 --> 00:40:33,827 Walked across the bridge when suddenly I realized, 989 00:40:33,871 --> 00:40:35,350 I might die of frostbite 990 00:40:35,394 --> 00:40:38,223 and I'm in desperate need of a clean bathroom. 991 00:40:38,266 --> 00:40:40,138 Mention my name, you get a good seat. 992 00:40:40,181 --> 00:40:41,487 I already did. 993 00:40:41,531 --> 00:40:43,010 [laughs] 994 00:40:44,490 --> 00:40:49,190 You know, the other night in Bull's SUV? 995 00:40:49,234 --> 00:40:51,454 I was ready to quit. 996 00:40:51,497 --> 00:40:54,457 Mm. I figured. 997 00:40:54,500 --> 00:40:56,850 I've been ready to quit about a half a dozen times 998 00:40:56,894 --> 00:40:57,982 over the years. 999 00:40:58,025 --> 00:40:59,113 Really? 1000 00:40:59,157 --> 00:41:01,072 What stopped you? 1001 00:41:02,116 --> 00:41:03,901 I don't know. 1002 00:41:03,944 --> 00:41:06,860 I get one foot out the door, 1003 00:41:06,904 --> 00:41:09,950 and then I realize he was mostly right 1004 00:41:09,994 --> 00:41:13,954 about whatever it was he was saying or talking about. 1005 00:41:13,998 --> 00:41:17,610 Plus, I think we make each other smarter. 1006 00:41:17,654 --> 00:41:18,959 Better. 1007 00:41:21,135 --> 00:41:25,009 He's a really, really smart dude, Chunk. 1008 00:41:25,052 --> 00:41:27,315 And I don't think he would want you around 1009 00:41:27,359 --> 00:41:30,101 if he didn't think you were a smart dude, too. 1010 00:41:32,973 --> 00:41:35,889 Congratulations again, Chunk. 1011 00:41:35,933 --> 00:41:37,456 Now, if you'll excuse me, 1012 00:41:37,500 --> 00:41:39,458 I got to finish my interior decorating 1013 00:41:39,502 --> 00:41:41,982 so I can go home and get some sleep. 1014 00:41:50,469 --> 00:41:51,949 [exhales] 1015 00:41:54,604 --> 00:41:57,563 Captioning sponsored by CBS 1016 00:41:57,607 --> 00:41:59,565 Captioned by Media Access Group at WGBH access.wgbh.org 76177

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