1 00:00:27,310 --> 00:00:28,600 Test. 2 00:00:29,680 --> 00:00:30,600 Test. 3 00:00:32,350 --> 00:00:34,890 Mike End: Who is the doctor in charge 4 00:00:34,980 --> 00:00:37,600 - of the patient's care? - I don't know. 5 00:00:37,680 --> 00:00:40,470 Steve Burrows: If someone would've told me 10 years ago 6 00:00:40,560 --> 00:00:44,680 I'd be strapping on a spy pen and going undercover... 7 00:00:44,770 --> 00:00:45,930 ( guard speaking ) 8 00:00:46,020 --> 00:00:47,060 Ooh. 9 00:00:47,140 --> 00:00:48,520 ( man speaking over phone ) 10 00:00:48,600 --> 00:00:50,270 ...only to stumble into 11 00:00:50,350 --> 00:00:53,180 a medical-industrial complex so dangerous... 12 00:00:53,270 --> 00:00:56,560 ( Dr. Mark Bauer speaking ) 13 00:00:56,640 --> 00:00:59,600 - Could you define "awareness"? - ...that it puts the lives 14 00:00:59,680 --> 00:01:01,520 of every single one of us at risk... 15 00:01:01,600 --> 00:01:04,180 Insurance companies take control of these cases, 16 00:01:04,270 --> 00:01:06,140 and it becomes all about money. 17 00:01:06,220 --> 00:01:07,930 Steve: I'd have said they were nuts. 18 00:01:08,020 --> 00:01:10,020 This is the future of medicine. 19 00:01:11,310 --> 00:01:15,770 This is the call from my sister, June 2009. 20 00:01:15,850 --> 00:01:18,810 - ( turns on tape ) - And... 21 00:01:18,890 --> 00:01:20,600 this is the call that started it all. 22 00:01:20,680 --> 00:01:21,810 ( Beth Burrows speaking ) 23 00:01:30,560 --> 00:01:33,270 - Hi! - Steve: When my mom, 24 00:01:33,350 --> 00:01:35,100 Judie Burrows, 25 00:01:35,180 --> 00:01:38,180 a 69-year-old, wildly independent, 26 00:01:38,270 --> 00:01:41,060 globe-trotting retired school teacher 27 00:01:41,140 --> 00:01:43,890 from Milwaukee, Wisconsin, went into the hospital 28 00:01:43,980 --> 00:01:46,560 for a routine partial hip replacement, 29 00:01:46,640 --> 00:01:49,270 it was the beginning of a decade-long journey 30 00:01:49,350 --> 00:01:52,680 that would change our family's lives forever. 31 00:01:58,850 --> 00:02:01,560 ( siren wailing ) 32 00:02:01,640 --> 00:02:05,180 Steve: Mom was rushed to Aurora West Allis Medical Center 33 00:02:05,270 --> 00:02:07,640 where she was operated on by her surgeon, 34 00:02:07,730 --> 00:02:10,430 and family friend, Dr. Mark Bauer. 35 00:02:10,520 --> 00:02:12,770 Cindy Payne, RN: We trusted Dr. Bauer. 36 00:02:12,850 --> 00:02:17,020 Dr. Bauer had done both of her total knees 37 00:02:17,100 --> 00:02:19,980 and had taken good care of her. 38 00:02:20,060 --> 00:02:22,730 Steve: He stabilized her broken hip, 39 00:02:22,810 --> 00:02:26,390 sent her to rehab, and then she went home. 40 00:02:26,470 --> 00:02:29,060 - Cindy: You OK? - Judie: Mm-hmm. 41 00:02:29,140 --> 00:02:32,430 - Is your back hurting? - A little bit. 42 00:02:32,520 --> 00:02:36,390 Cindy: Judie came home, and things did not go well. 43 00:02:36,470 --> 00:02:38,640 She was in so much pain, 44 00:02:38,730 --> 00:02:40,810 she wasn't getting around well, 45 00:02:40,890 --> 00:02:43,810 she had the walker way longer than she should. 46 00:02:43,890 --> 00:02:45,770 Just walk through here. 47 00:02:45,850 --> 00:02:48,680 Cindy: But Judie continued to go to physical therapy, 48 00:02:48,770 --> 00:02:52,980 all these things Dr. Bauer wanted her to do, 49 00:02:53,060 --> 00:02:56,810 but time went on, she was still struggling, 50 00:02:56,890 --> 00:03:00,640 and one day, five months later, 51 00:03:00,730 --> 00:03:02,270 she fell. 52 00:03:02,350 --> 00:03:04,140 ( siren wailing ) 53 00:03:05,730 --> 00:03:07,600 Cindy Knueppel: The emergency room doctor said, 54 00:03:07,680 --> 00:03:09,140 "Well, Judie, 55 00:03:09,220 --> 00:03:11,560 I can't find anything wrong, nothing broken, 56 00:03:11,640 --> 00:03:13,220 so we're gonna send you home." 57 00:03:13,310 --> 00:03:14,890 And that's when I said, "No, you're not. 58 00:03:14,980 --> 00:03:17,770 You have to find out why she's in pain. 59 00:03:17,850 --> 00:03:19,520 Get her admitted, because this is not right." 60 00:03:19,600 --> 00:03:22,020 Steve: They admitted Mom to the hospital, 61 00:03:22,100 --> 00:03:25,100 where she laid there on painkillers for eight days 62 00:03:25,180 --> 00:03:27,100 with no plan of care. 63 00:03:27,180 --> 00:03:28,560 I called every day to the doctor. 64 00:03:28,640 --> 00:03:30,100 "What's going on? What are you gonna do? 65 00:03:30,180 --> 00:03:32,140 She is in crazy-ass pain." 66 00:03:32,220 --> 00:03:34,770 I flew in from my home in L.A. 67 00:03:34,850 --> 00:03:37,140 and demanded some answers. 68 00:03:38,890 --> 00:03:40,680 After another round of x-rays, 69 00:03:40,770 --> 00:03:44,770 it's determined that Mom's hip was, in fact, broken. 70 00:03:44,850 --> 00:03:49,470 We later found out that Dr. Bauer had concluded by the middle of the summer 71 00:03:49,560 --> 00:03:53,100 that her first hip surgery was failing. 72 00:03:56,470 --> 00:03:58,890 All of a sudden there was this sort of rush to surgery. 73 00:03:58,980 --> 00:04:02,770 But she was on this drug called Plavix-- that's a blood-thinner-- 74 00:04:02,850 --> 00:04:04,890 and medically, you're supposed to be off Plavix 75 00:04:04,980 --> 00:04:07,980 for seven days prior to any type of elective surgery, 76 00:04:08,060 --> 00:04:09,390 or the blood does not coagulate. 77 00:04:09,470 --> 00:04:11,470 I remember Dr. Bauer saying, 78 00:04:11,560 --> 00:04:14,270 "I've never had a problem with Plavix. Never had a problem with Plavix." 79 00:04:14,350 --> 00:04:15,980 Cindy: The nurse was concerned, 80 00:04:16,060 --> 00:04:19,890 she made him write in the chart "I'm aware of the Plavix." 81 00:04:21,470 --> 00:04:24,270 Judie was very upset and scared to death. 82 00:04:24,350 --> 00:04:27,430 She said, "I'm gonna bleed, I'm gonna bleed." 83 00:04:27,520 --> 00:04:31,930 Steve: Dr. Bauer cuts her open... 84 00:04:32,020 --> 00:04:34,520 and she starts to bleed like crazy. 85 00:04:36,180 --> 00:04:39,430 The second hip surgery involves a second incision. 86 00:04:39,520 --> 00:04:42,980 So now Mom is losing even more blood. 87 00:04:46,850 --> 00:04:48,560 Cindy: Three hours came and went. 88 00:04:51,140 --> 00:04:52,850 Four hours. 89 00:04:52,930 --> 00:04:54,980 Steve: The surgery went six hours. 90 00:04:55,060 --> 00:04:59,890 Mom lost approximately half the blood in her body. 91 00:05:06,600 --> 00:05:08,980 Cindy: She was moved to ICU, 92 00:05:09,060 --> 00:05:12,310 but we found out there was no doctor 93 00:05:12,390 --> 00:05:14,770 on the floor that night-- at all. 94 00:05:14,850 --> 00:05:16,180 They have something called 95 00:05:16,270 --> 00:05:17,430 "electronic ICU." 96 00:05:17,520 --> 00:05:20,180 There's a camera in the room, 97 00:05:20,270 --> 00:05:24,220 and there are doctors stationed in a room at the airport, 98 00:05:24,310 --> 00:05:28,310 and they look at the patients by way of this camera 99 00:05:28,390 --> 00:05:29,560 to determine 100 00:05:29,640 --> 00:05:32,310 what kind of care needs to be given. 101 00:05:32,390 --> 00:05:35,220 Well, within an hour, 102 00:05:35,310 --> 00:05:38,020 Judie's blood pressure plummeted. 103 00:05:38,100 --> 00:05:42,680 Steve: Mom's blood pressure later dropped to 50/30. 104 00:05:42,770 --> 00:05:47,020 Fifty over thirty means "Holy shit." 105 00:05:47,100 --> 00:05:51,020 Mom was losing oxygen to her brain... 106 00:05:51,100 --> 00:05:55,730 and we were told that camera watching my mom 107 00:05:55,810 --> 00:05:58,060 may never have been on. 108 00:05:59,640 --> 00:06:02,020 Patient care manager of the ICU told us, 109 00:06:02,100 --> 00:06:04,930 "We don't like to invade the privacy of the patient." 110 00:06:06,600 --> 00:06:09,220 Is that completely fucked up, or is that just me? 111 00:06:11,560 --> 00:06:14,930 Cindy: It was first day post-op, and Judie 112 00:06:15,020 --> 00:06:16,640 wasn't responsive at all. 113 00:06:16,730 --> 00:06:19,680 Steve: I was told that the reason was because 114 00:06:19,770 --> 00:06:23,770 she was very foggy and groggy from anesthesia. 115 00:06:23,850 --> 00:06:25,520 And I kept saying, "Come on, now." 116 00:06:27,020 --> 00:06:29,930 Another day passed, so I blow a gasket. 117 00:06:30,020 --> 00:06:32,600 The doctor of the intensive care unit during the day, 118 00:06:32,680 --> 00:06:35,470 she said, "Well, have you seen a difference?" 119 00:06:35,560 --> 00:06:37,470 I said, "Yeah. Yesterday she looked like shit. 120 00:06:37,560 --> 00:06:39,180 Today she looks like she's dying." 121 00:06:39,270 --> 00:06:41,600 The neurologist comes in, 122 00:06:41,680 --> 00:06:45,560 he looks in her eyes, he turns and he goes, 123 00:06:45,640 --> 00:06:49,220 "Your mom is in a coma. 124 00:06:49,310 --> 00:06:51,470 She's in a vegetative state. 125 00:06:51,560 --> 00:06:54,350 We hope she wakes up, but she might not." 126 00:06:55,810 --> 00:06:57,890 And that's how this whole thing started. 127 00:06:58,020 --> 00:07:00,680 ( music playing ) 128 00:07:11,680 --> 00:07:14,220 ( siren wailing ) 129 00:07:44,560 --> 00:07:47,140 ( heart monitor flatlining ) 130 00:07:47,220 --> 00:07:50,810 Male Reporter: Medical errors kill too many patients in the U.S. 131 00:07:50,890 --> 00:07:54,430 Two hundred and fifty-thousand people die each year... 132 00:07:54,520 --> 00:07:55,560 Steve: I've been immersing myself 133 00:07:55,640 --> 00:07:57,640 in the world of medical error, 134 00:07:57,730 --> 00:08:01,470 and I'm shocked to learn how often these mistakes occur. 135 00:08:01,560 --> 00:08:03,640 An Arlington man is suing doctors 136 00:08:03,730 --> 00:08:06,520 who he claims removed the wrong kidney... 137 00:08:06,600 --> 00:08:08,980 Female Reporter: Doctors performed a brain operation 138 00:08:09,060 --> 00:08:10,520 on the wrong patient. 139 00:08:10,600 --> 00:08:12,600 My husband went in for dental implants, 140 00:08:12,680 --> 00:08:15,520 and he came out in a body bag. 141 00:08:19,100 --> 00:08:22,180 Martin Makary, M.D., M.P.H.: We spend a lot of money on heart disease-- 142 00:08:22,270 --> 00:08:24,520 research, education. 143 00:08:24,600 --> 00:08:28,180 We spend a lot of money on cancer research and education. 144 00:08:28,270 --> 00:08:30,680 We have not even began to recognize 145 00:08:30,770 --> 00:08:33,680 the country's third-leading cause of death: 146 00:08:33,770 --> 00:08:35,270 medical care gone wrong. 147 00:08:35,350 --> 00:08:38,310 We have not captured it traditionally 148 00:08:38,390 --> 00:08:40,470 in our national health statistics. 149 00:08:40,560 --> 00:08:42,730 You cannot even list it as a cause of death. 150 00:08:42,810 --> 00:08:45,770 It's been a silent epidemic. 151 00:08:45,850 --> 00:08:48,850 It lives in the conversations of doctors, 152 00:08:48,930 --> 00:08:51,180 and nursing lounges. 153 00:08:51,270 --> 00:08:53,850 People are dying from bad communication, 154 00:08:53,930 --> 00:08:55,310 from diagnostic errors, 155 00:08:55,390 --> 00:08:58,140 from poorly coordinated care. 156 00:08:58,220 --> 00:08:59,470 Today in America 157 00:08:59,560 --> 00:09:03,350 we have a very complex and sloppy system. 158 00:09:03,430 --> 00:09:07,350 We promote high-volume medical care-- 159 00:09:07,430 --> 00:09:08,560 doing more stuff. 160 00:09:08,640 --> 00:09:10,520 It used to be that we doctors 161 00:09:10,600 --> 00:09:13,890 would go to the patient's bedside when they needed us. 162 00:09:13,980 --> 00:09:16,730 Now there's an entire industry behind us 163 00:09:16,810 --> 00:09:18,430 as we're at the bedside, 164 00:09:18,520 --> 00:09:22,140 creating more cracks and gaps for patients to get harmed. 165 00:09:22,220 --> 00:09:24,270 ( chimes ringing ) 166 00:09:24,350 --> 00:09:26,350 Dr. Ted Payne: We knew something was wrong, 167 00:09:26,430 --> 00:09:29,770 because a hip operation doesn't take six hours. 168 00:09:29,850 --> 00:09:31,770 Steve: Uncle Ted, my mom's brother, 169 00:09:31,850 --> 00:09:34,180 is a doctor, and his wife, my Aunt Cindy, 170 00:09:34,270 --> 00:09:35,810 is a retired nurse. 171 00:09:35,890 --> 00:09:39,730 Dr. Bauer signed the chart saying, "I know she's on Plavix, 172 00:09:39,810 --> 00:09:42,890 but I'm gonna operate on her anyway..." 173 00:09:42,980 --> 00:09:45,390 Steve: He was furious, and wanted to grill Dr. Bauer 174 00:09:45,470 --> 00:09:48,020 about the massive blood loss in surgery. 175 00:09:48,100 --> 00:09:50,430 Ted said, "We need to see what's going on," 176 00:09:50,520 --> 00:09:53,470 and so Dr. Bauer said, "Yeah, yeah, let me get the chart." 177 00:09:53,560 --> 00:09:56,390 He said, "Look at the anesthesia notes. 178 00:09:56,470 --> 00:09:58,600 They're impeccable." 179 00:09:58,680 --> 00:10:01,350 Steve: "They're impeccable." They kept saying, "They're impeccable. 180 00:10:01,430 --> 00:10:02,890 The surgery went good." 181 00:10:02,980 --> 00:10:04,310 In my view, 182 00:10:04,390 --> 00:10:09,020 the anesthesia notes are too impeccable. 183 00:10:09,100 --> 00:10:11,640 All the blood pressures and the pulses, 184 00:10:11,730 --> 00:10:15,270 it was just as even and normal as can be. 185 00:10:15,350 --> 00:10:18,980 So I think that was falsified. 186 00:10:19,060 --> 00:10:21,810 - Steve: You think they changed the records? - I think they falsified it. 187 00:10:21,890 --> 00:10:23,890 - Yes. - Steve: Ted tells me, 188 00:10:23,980 --> 00:10:25,930 "You need to become power of attorney right now, 189 00:10:26,060 --> 00:10:27,930 get the medical records before they change 'em, 190 00:10:28,020 --> 00:10:30,350 and get a medical malpractice attorney now. 191 00:10:30,430 --> 00:10:32,140 We're gonna sue." 192 00:10:32,220 --> 00:10:34,980 ( music playing ) 193 00:10:35,060 --> 00:10:38,390 Steve: For 20 years I was a comedy guy in L.A. 194 00:10:38,470 --> 00:10:40,220 making a fool of myself for a living. 195 00:10:40,310 --> 00:10:42,980 ♪ Over the top with California Raisins! ♪ 196 00:10:43,060 --> 00:10:44,520 Who's gonna buy chocolate yogurt? 197 00:10:44,600 --> 00:10:46,890 - I wrote, directed... - Action! 198 00:10:46,980 --> 00:10:49,680 and performed in theater, commercials, 199 00:10:49,770 --> 00:10:52,390 - TV shows... - What's your name? 200 00:10:52,470 --> 00:10:54,100 - David Richardson. - Get out. You're fired. 201 00:10:54,180 --> 00:10:57,310 ...and movies, including my first feature, 202 00:10:57,390 --> 00:10:58,390 "Chump Change." 203 00:10:58,470 --> 00:11:01,890 ( music playing ) 204 00:11:01,980 --> 00:11:04,560 ...The Colonel's gonna make your movie! 205 00:11:04,640 --> 00:11:07,060 Steve: Comedy was my life. 206 00:11:17,270 --> 00:11:19,270 I follow my Uncle Ted's advice 207 00:11:19,350 --> 00:11:22,810 and pursue a lawsuit against West Allis Medical Center. 208 00:11:22,890 --> 00:11:26,060 West Allis is owned by Aurora Health Care, 209 00:11:26,140 --> 00:11:28,520 the largest system in Wisconsin. 210 00:11:28,600 --> 00:11:31,600 It has 15 hospitals, 150 clinics, 211 00:11:31,680 --> 00:11:34,180 and 32,000 employees. 212 00:11:34,270 --> 00:11:35,890 Aurora is huge. 213 00:11:35,980 --> 00:11:38,930 Step one: I need a lawyer. 214 00:11:39,020 --> 00:11:41,350 This is my working file. 215 00:11:41,430 --> 00:11:44,600 - Hey, it's Steve. - I called the people that I knew in Milwaukee... 216 00:11:44,680 --> 00:11:46,180 Call me when you get in on Monday morning. 217 00:11:46,270 --> 00:11:48,020 My sister was in law school, 218 00:11:48,100 --> 00:11:50,100 her professors gave recommendations. 219 00:11:50,180 --> 00:11:51,810 I find Lynn Laufenberg. 220 00:11:53,730 --> 00:11:56,430 Lynn Laufenberg: These cases are very expensive and very risky, 221 00:11:56,520 --> 00:11:57,730 and most of them are lost. 222 00:11:57,810 --> 00:11:59,180 Steve: OK. 223 00:11:59,270 --> 00:12:00,810 Steve: Every year in Wisconsin 224 00:12:00,890 --> 00:12:04,020 27,000 patients are either injured or die 225 00:12:04,100 --> 00:12:05,600 due to medical negligence. 226 00:12:05,680 --> 00:12:08,980 In a recent year, only 84 lawsuits were filed. 227 00:12:09,060 --> 00:12:10,730 Twenty-two went to trial, 228 00:12:10,810 --> 00:12:12,770 and only three won for the patients. 229 00:12:12,850 --> 00:12:14,600 Laufenberg: I don't proceed with any case 230 00:12:14,680 --> 00:12:18,890 until I have an expert, that I trust, who tells me 231 00:12:18,980 --> 00:12:21,220 that there's been a violation of the standard of care. 232 00:12:21,310 --> 00:12:22,890 Steve: These experts, these are doctors. 233 00:12:22,980 --> 00:12:26,890 Yes. Who charge substantially for their time. 234 00:12:26,980 --> 00:12:28,220 How much money? 235 00:12:28,310 --> 00:12:30,470 Probably talking $20,000 to $30,000 236 00:12:30,560 --> 00:12:31,810 per expert. 237 00:12:31,890 --> 00:12:34,180 - Cash. - Cash. 238 00:12:34,270 --> 00:12:36,100 The second thing, 239 00:12:36,180 --> 00:12:37,390 the medical profession 240 00:12:37,470 --> 00:12:39,430 and the medical insurance interests 241 00:12:39,520 --> 00:12:42,020 create obstacles to recoveries. 242 00:12:42,100 --> 00:12:44,430 And the thing that discourages lawyers 243 00:12:44,520 --> 00:12:47,770 from taking cases the most are limits on recovery. 244 00:12:47,850 --> 00:12:52,220 I ask the Congress to pass medical liability reform this year. 245 00:12:52,310 --> 00:12:55,270 Steve: Lynn says the maximum award in Wisconsin 246 00:12:55,350 --> 00:12:57,180 is $750,000. 247 00:12:57,270 --> 00:13:00,390 Wisconsin is one of 35 states with these caps. 248 00:13:00,470 --> 00:13:02,600 This is a tort reform law that discourages people 249 00:13:02,680 --> 00:13:05,270 from filing so-called frivolous lawsuits. 250 00:13:05,350 --> 00:13:06,770 We're a litigious society, 251 00:13:06,850 --> 00:13:08,730 everybody's suin', it seems like. 252 00:13:08,810 --> 00:13:12,100 There are too many lawsuits filed against doctors 253 00:13:12,180 --> 00:13:14,020 and hospitals without merit. 254 00:13:14,100 --> 00:13:16,430 Steve: So after attorney fees and other expenses, 255 00:13:16,520 --> 00:13:18,640 we can win and still owe money. 256 00:13:18,730 --> 00:13:22,850 These cases are almost like criminal cases in a sense, 257 00:13:22,930 --> 00:13:26,020 because the word "malpractice" is thrown around. 258 00:13:26,100 --> 00:13:29,390 Nobody wants to hang that on a doctor. 259 00:13:30,890 --> 00:13:33,180 Let's get x-ray in here, portable C spine, 260 00:13:33,270 --> 00:13:35,640 CBC type and cross, six units. 261 00:13:35,730 --> 00:13:37,980 Laufenberg: Doctors, typically, 262 00:13:38,060 --> 00:13:40,140 the code for them are "heroes." 263 00:13:40,220 --> 00:13:41,640 No pulse. 264 00:13:41,730 --> 00:13:43,930 Amanda, adrenaline. Bag him! 265 00:13:44,020 --> 00:13:46,810 - Live, damn it, live! - I'm getting a pulse. 266 00:13:46,890 --> 00:13:49,770 Laufenberg: They're always due to saving lives. 267 00:13:49,850 --> 00:13:52,730 The Horta is badly wounded. It may die. 268 00:13:52,810 --> 00:13:55,140 - It won't die. - Can you help it? 269 00:13:55,220 --> 00:13:57,180 Helped it? I cured it. 270 00:13:57,270 --> 00:14:01,220 Laufenberg: It's really hard to hold a hero responsible. 271 00:14:01,310 --> 00:14:03,680 This is like climbing Mr. Everest 272 00:14:03,770 --> 00:14:05,600 - Sure. - without Sherpas or something. 273 00:14:05,680 --> 00:14:07,060 - Sure. "Prove it." - Right. 274 00:14:07,140 --> 00:14:09,220 If you can win it in front of a jury, 275 00:14:09,310 --> 00:14:10,810 hey, it's yours. 276 00:14:10,890 --> 00:14:13,770 But 90% of the time, it ain't gonna happen. 277 00:14:17,560 --> 00:14:20,680 Steve: I understand why a lot of families can't go on. 278 00:14:20,770 --> 00:14:23,850 I understand why a lot of people can't fight it, 279 00:14:23,930 --> 00:14:25,770 and they just have to, like, sort of accept it. 280 00:14:25,850 --> 00:14:27,770 I can't do it. 281 00:14:27,850 --> 00:14:30,390 I'm my mom's son, I love my mom. 282 00:14:30,470 --> 00:14:32,810 I'm just trying to give my mom a voice 283 00:14:32,890 --> 00:14:34,520 because she can't defend herself. 284 00:14:34,600 --> 00:14:36,270 She can't stand up for herself. 285 00:14:36,350 --> 00:14:40,350 Hopefully, Lynn will find an expert doctor he trusts 286 00:14:40,430 --> 00:14:42,310 to take our case. 287 00:14:44,600 --> 00:14:45,890 We worked very hard to... 288 00:14:45,980 --> 00:14:47,430 I fill Cindy in on the meeting with Lynn 289 00:14:47,520 --> 00:14:49,560 and the uphill battle we're in for. 290 00:14:49,640 --> 00:14:52,060 I tell her the lawyer needs us to start filming 291 00:14:52,140 --> 00:14:54,060 mom's pain and suffering for the record, 292 00:14:54,140 --> 00:14:55,810 and eventually for a jury. 293 00:14:57,850 --> 00:14:59,770 Then we get a call. 294 00:15:01,220 --> 00:15:05,060 After nearly two weeks in a coma, Mom wakes up! 295 00:15:05,140 --> 00:15:06,560 Holy hell. 296 00:15:06,640 --> 00:15:08,560 Oh, shit! 297 00:15:08,640 --> 00:15:09,810 Whoo! 298 00:15:15,470 --> 00:15:19,600 But she is in a vicious cycle of uncontrollable pain. 299 00:15:19,680 --> 00:15:22,470 ( Judie whimpering ) 300 00:15:22,560 --> 00:15:25,140 Her brain and body are so badly damaged, 301 00:15:25,220 --> 00:15:28,470 it takes months for Mom to relearn how to do everything. 302 00:15:28,560 --> 00:15:30,770 Beth: Mom? Can I help you? 303 00:15:30,850 --> 00:15:32,850 Steve: How to talk... 304 00:15:34,600 --> 00:15:36,180 ( grunts ) 305 00:15:37,350 --> 00:15:38,600 ...eat... 306 00:15:38,680 --> 00:15:40,100 - Judie, open your eyes. - Where is it goin'? 307 00:15:40,180 --> 00:15:42,100 Look at the potatoes. There you go. 308 00:15:42,180 --> 00:15:44,350 Where's it goin'? Where's it goin'? 309 00:15:45,810 --> 00:15:47,930 - Feel it? - ...walk... 310 00:15:48,020 --> 00:15:50,430 Start standing. Start standing, Judie. 311 00:15:50,520 --> 00:15:53,390 Woman: Stand up. Up we go! Up, up, up! 312 00:15:53,470 --> 00:15:56,390 Try to put your heel down, Judie. 313 00:15:56,470 --> 00:16:00,100 Look at you, you're standing! Yay! Ta-da! 314 00:16:00,180 --> 00:16:01,180 ...think. 315 00:16:01,270 --> 00:16:02,770 Steve: Do you know your name? 316 00:16:02,850 --> 00:16:04,640 - Judie Burrows. - That's right. 317 00:16:04,730 --> 00:16:06,560 - Do you know who I am? - Yeah. 318 00:16:06,640 --> 00:16:08,020 - Who am I? - My son. 319 00:16:08,100 --> 00:16:09,470 Yes. 320 00:16:09,560 --> 00:16:11,890 All: ♪ See the blazing Yule before us ♪ 321 00:16:11,980 --> 00:16:15,980 ♪ Fa la la la la, la la la la... ♪ 322 00:16:16,060 --> 00:16:18,680 Steve: Mom is diagnosed with severe 323 00:16:18,770 --> 00:16:20,560 cognitive and physical disabilities 324 00:16:20,640 --> 00:16:22,980 due to loss of oxygen to the brain. 325 00:16:23,060 --> 00:16:25,350 ( whimpering ) 326 00:16:25,430 --> 00:16:27,220 Her prognosis? 327 00:16:27,310 --> 00:16:28,680 Unknown. 328 00:16:29,730 --> 00:16:31,600 - Here we go. - ...two, three. 329 00:16:31,680 --> 00:16:34,470 Then Aurora and the insurance company 330 00:16:34,560 --> 00:16:35,730 kick her out of the hospital. 331 00:16:35,810 --> 00:16:38,100 Then they bill her for it. 332 00:16:38,180 --> 00:16:40,220 Then they send her to collections. 333 00:16:42,180 --> 00:16:45,600 And then they send her a survey askin', "How'd we do?" 334 00:16:45,680 --> 00:16:48,270 So now we're scramblin' for a place for Mom to live. 335 00:16:49,680 --> 00:16:51,980 So we take her to a rehab. 336 00:16:52,060 --> 00:16:55,520 The rehab guy says Medicare will pay for 100 days. 337 00:16:55,600 --> 00:16:58,980 Well, 100 days pass in a blink, 338 00:16:59,060 --> 00:17:01,350 and now it's brutally clear: 339 00:17:01,430 --> 00:17:04,560 Mom's financially responsible for her care. 340 00:17:04,640 --> 00:17:06,270 And to take care of Mom, it's gonna cost 341 00:17:06,350 --> 00:17:10,020 $6,000 a month-- cash. 342 00:17:10,100 --> 00:17:13,430 Remain calm. Remain calm. 343 00:17:19,560 --> 00:17:22,600 Thus begins my twice-a-month commute across the country, 344 00:17:22,680 --> 00:17:26,430 managing affairs between my mom's house in Wisconsin 345 00:17:26,520 --> 00:17:27,770 and mine in L.A. 346 00:17:36,680 --> 00:17:39,770 This is like pages and pages and pages and pages of costs. 347 00:17:39,850 --> 00:17:41,600 Thousand dollars now. 348 00:17:41,680 --> 00:17:42,930 I just keep going. 349 00:17:43,020 --> 00:17:45,390 This was the mail from yesterday. 350 00:17:45,470 --> 00:17:47,390 $421,000. 351 00:17:47,470 --> 00:17:49,020 It's like a chess game. 352 00:17:49,100 --> 00:17:51,270 And all roads lead to the insurance company. 353 00:17:51,350 --> 00:17:53,600 Woman: How may I help you? 354 00:17:53,680 --> 00:17:56,390 I got a bill for almost $15,000, 355 00:17:56,470 --> 00:18:00,220 and I'm calling to find out what that's about. 356 00:18:00,310 --> 00:18:02,060 Margo Burrows: Steve is literally 357 00:18:02,140 --> 00:18:05,810 consumed by this much of the time-- most of the time. 358 00:18:05,890 --> 00:18:07,640 Woman: Let me go ahead and look and see what's been happening. 359 00:18:07,730 --> 00:18:09,180 - OK? - Yeah. 360 00:18:09,270 --> 00:18:11,560 Margo: He has spent more time in Milwaukee 361 00:18:11,640 --> 00:18:14,140 then he's spent here in our home. 362 00:18:14,220 --> 00:18:16,680 It was a pre-approval approval, 363 00:18:16,770 --> 00:18:19,640 then a denial, then an approval, then a denial, 364 00:18:19,730 --> 00:18:21,470 and then they paid it, 365 00:18:21,560 --> 00:18:23,930 but now they want their money back from you guys, 366 00:18:24,020 --> 00:18:25,930 and that's why you want your money back from us. 367 00:18:26,020 --> 00:18:27,770 Right. That's exactly where we're at. 368 00:18:27,850 --> 00:18:29,560 - Nothing's changed. - ( scoffs ) 369 00:18:29,640 --> 00:18:31,730 We'd get calls at 7:00 a.m. sometimes 370 00:18:31,810 --> 00:18:36,100 from her doctor's office, her dentist's office, therapist. 371 00:18:36,180 --> 00:18:37,640 Woman: Hi, Steve, 372 00:18:37,730 --> 00:18:39,470 I'm calling from Dr. Mostenick's office. 373 00:18:39,560 --> 00:18:42,100 This is just in, like, the last week. I wanted to-- 374 00:18:42,180 --> 00:18:43,890 Woman 2: Hi. Thanks for getting back to me. 375 00:18:43,980 --> 00:18:46,470 I called Medicare directly, just to kind of... 376 00:18:46,560 --> 00:18:48,060 Woman 3: ...State Fair Hearing has been filed 377 00:18:48,140 --> 00:18:50,020 by you on behalf of your mother... 378 00:18:50,100 --> 00:18:52,140 Woman 4: Hi, Mr. Burrows, it's Julia Schmelzer 379 00:18:52,220 --> 00:18:54,140 getting back to you from Medistar. 380 00:18:54,220 --> 00:18:56,470 ( blows horn ) Ohh. Sad. 381 00:18:56,560 --> 00:18:58,560 Woman 5: Steve, you're a lawyer, am I correct? 382 00:18:58,640 --> 00:19:01,180 No, I'm-- I'm the furthest thing from a lawyer. 383 00:19:01,270 --> 00:19:03,180 - I'm a comedy director. - OK. 384 00:19:03,270 --> 00:19:05,600 Margo: Steve would not have been able 385 00:19:05,680 --> 00:19:07,390 to keep this lawsuit going 386 00:19:07,470 --> 00:19:10,980 and keep his mother alive without doing it 100%. 387 00:19:11,060 --> 00:19:16,810 And he doesn't see much... else outside of... this. 388 00:19:16,890 --> 00:19:19,730 I'm a little obsessed about it. 389 00:19:20,850 --> 00:19:22,810 Maybe even not a little bit. 390 00:19:22,890 --> 00:19:25,100 I may be losing my mind. 391 00:19:25,180 --> 00:19:27,730 It's possible. 392 00:19:27,810 --> 00:19:30,600 ( musical saw creating eerie sounds ) 393 00:19:33,140 --> 00:19:37,100 ( eerie sounds continue ) 394 00:19:42,430 --> 00:19:45,060 I'm having trouble with my vibrato. 395 00:19:47,730 --> 00:19:49,560 Steve: Finally, some hope. 396 00:19:49,640 --> 00:19:52,270 Super Lawyer Lynn takes our case! 397 00:19:52,350 --> 00:19:55,810 Laufenberg: Human beings make errors. 398 00:19:55,890 --> 00:19:58,520 The medical profession, just like the rest of us, 399 00:19:58,600 --> 00:20:02,020 needs to be accountable for the errors that occur. 400 00:20:02,100 --> 00:20:05,680 Steve: Lynn Laufenberg was very impressed 401 00:20:05,770 --> 00:20:08,600 with the fact that not only we have a good case, 402 00:20:08,680 --> 00:20:12,140 that this case is being supported by medical people-- 403 00:20:12,220 --> 00:20:14,520 my uncle the doctor, my aunt the nurse. 404 00:20:14,600 --> 00:20:17,930 The fact that Ted was the guy that started this legal fire, 405 00:20:18,020 --> 00:20:21,560 we have medical people who actually understand what happened. 406 00:20:21,640 --> 00:20:24,220 Lynn secures our first expert-- 407 00:20:24,310 --> 00:20:25,850 Dr. James Leo. 408 00:20:25,930 --> 00:20:29,060 Dr. Leo thinks, looking just at the medical records, 409 00:20:29,140 --> 00:20:30,930 no one was in charge, 410 00:20:31,020 --> 00:20:35,730 that my mom was literally just sailing on her own into oblivion. 411 00:20:35,810 --> 00:20:39,390 He gave a scathing opinion of Mom's care-- 412 00:20:39,470 --> 00:20:42,060 that the deadly low blood pressures in the ICU, 413 00:20:42,140 --> 00:20:45,520 coupled with Aurora having no bedside doctor in the ICU, 414 00:20:45,600 --> 00:20:48,890 was a direct cause of Mom's brain damage and subsequent injuries. 415 00:20:48,980 --> 00:20:52,680 And that this was clearly below the medical standard of care. 416 00:20:52,770 --> 00:20:55,430 Hi, this is Chris from the eICU. How are you? 417 00:20:55,520 --> 00:20:57,520 I'm just making my rounds... 418 00:20:57,600 --> 00:21:00,350 Steve: I'm sure there's a time and a place for telemedicine, 419 00:21:00,430 --> 00:21:02,100 but in the intensive care unit? 420 00:21:02,180 --> 00:21:04,430 And this eICU thing 421 00:21:04,520 --> 00:21:06,390 is spreadin' like wildfire. 422 00:21:06,470 --> 00:21:08,100 Female Reporter: Tele-ICU's e-care doctors 423 00:21:08,180 --> 00:21:09,890 remotely monitor the patients 424 00:21:09,980 --> 00:21:12,640 when the hospital's ICU doctors are not working. 425 00:21:15,560 --> 00:21:17,640 This is the future of medicine. 426 00:21:17,730 --> 00:21:20,220 Steve: It's currently at over 500 hospitals 427 00:21:20,310 --> 00:21:22,270 in over 50 health care systems 428 00:21:22,350 --> 00:21:26,680 covering 3.5 million critical care patients all across America. 429 00:21:26,770 --> 00:21:30,140 Female Reporter: The telemedicine system is particularly comforting 430 00:21:30,220 --> 00:21:32,930 overnight and on weekends when there is less staff. 431 00:21:33,060 --> 00:21:35,680 Dr. John Laprie: I sleep a lot better at night knowing somebody is there, 432 00:21:35,770 --> 00:21:37,810 they're watching after my patients. 433 00:21:37,890 --> 00:21:41,600 It's at at time where I can't physically be present in the hospital. 434 00:21:41,680 --> 00:21:44,350 Steve: And if you're a really lucky critical care patient, 435 00:21:44,430 --> 00:21:47,060 you might even get a telecare ICU robot. 436 00:21:53,140 --> 00:21:55,140 Man: Sarah, it looks like you've had a stroke. 437 00:21:55,220 --> 00:21:57,730 We're transferring you to our Neuroscience Institute. 438 00:21:57,810 --> 00:21:59,640 Can you smile for me? 439 00:21:59,730 --> 00:22:00,930 Very good. 440 00:22:05,390 --> 00:22:06,930 Man: Get your feet behind you. 441 00:22:07,020 --> 00:22:08,310 Judie: OK. 442 00:22:08,390 --> 00:22:10,770 Cindy: Judie is still at Harmony, 443 00:22:10,850 --> 00:22:13,390 a community-based residential facility. 444 00:22:13,470 --> 00:22:16,470 They take really good care of her, 445 00:22:16,560 --> 00:22:19,980 and if she needs help, she has it in a second. 446 00:22:20,060 --> 00:22:22,180 Judie: I can't even begin to get up. 447 00:22:22,270 --> 00:22:23,890 Nurse: Grab onto the edge of the bed. 448 00:22:23,980 --> 00:22:26,100 Beth: Mom has made amazing improvements 449 00:22:26,180 --> 00:22:28,640 from being in a coma to where she is now. 450 00:22:28,730 --> 00:22:30,930 But she needs help physically. 451 00:22:31,020 --> 00:22:32,680 Steve: What are these contraptions? 452 00:22:32,770 --> 00:22:35,810 These are my boots that are supposed to help me walk. 453 00:22:35,890 --> 00:22:37,980 - Can you put 'em on by yourself? - No. 454 00:22:38,060 --> 00:22:39,930 Steve: Mom's legs don't work 455 00:22:40,020 --> 00:22:42,850 because of her coma and loss of oxygen to her brain. 456 00:22:42,930 --> 00:22:46,350 From the waist down, she's suffering from spastic paraplegia. 457 00:22:46,430 --> 00:22:49,390 Her feet are sort of frozen on her tippy-toes, 458 00:22:49,470 --> 00:22:51,890 so she's at a risk to fall at all times. 459 00:22:51,980 --> 00:22:53,350 Man: Slowly. 460 00:22:53,430 --> 00:22:55,520 Beth: Her ability to understand 461 00:22:55,600 --> 00:22:58,890 what her true abilities are is a bit clouded. 462 00:22:58,980 --> 00:23:00,560 Steve: So this is how you put on your pants, 463 00:23:00,640 --> 00:23:02,220 - you lean against the wall? - Mm-hmm. 464 00:23:02,310 --> 00:23:04,730 That doesn't look too safe. 465 00:23:04,810 --> 00:23:07,220 - You're gonna fall! - Oh, no, no. 466 00:23:07,310 --> 00:23:10,060 No. I mean, I'm careful. 467 00:23:10,140 --> 00:23:12,220 Beth: She can hold a conversation, 468 00:23:12,310 --> 00:23:15,980 but she needs support and reminders. 469 00:23:16,060 --> 00:23:18,220 Judie: Maybe I just better go. 470 00:23:18,310 --> 00:23:20,020 - Steve: Mom. - Yeah? 471 00:23:20,100 --> 00:23:22,020 Are you OK? You seem a little confused. 472 00:23:28,100 --> 00:23:29,600 What day do you think it is? 473 00:23:35,430 --> 00:23:36,600 ( Judies sighs ) 474 00:23:36,680 --> 00:23:38,390 OK, well, it's Sunday night, Mom. 475 00:23:38,470 --> 00:23:40,470 We need to be goin' to bed here soon. 476 00:23:46,180 --> 00:23:48,310 Margo: Judie is so dependent on Steve. 477 00:23:48,390 --> 00:23:50,850 She has become like Steve's child, 478 00:23:50,930 --> 00:23:54,520 in a way, and he's having to take care of her. 479 00:23:54,600 --> 00:23:57,730 And it breaks his heart. 480 00:24:00,020 --> 00:24:03,600 ( film projector starting ) 481 00:24:03,680 --> 00:24:06,350 Steve: I often think back to Mom's early days. 482 00:24:07,680 --> 00:24:09,600 She was fiercely independent, 483 00:24:09,680 --> 00:24:11,640 a free spirit. 484 00:24:11,730 --> 00:24:14,270 ( music playing ) 485 00:24:14,350 --> 00:24:16,850 In a family of doctors, 486 00:24:16,930 --> 00:24:18,520 Mom was a rebel. 487 00:24:31,470 --> 00:24:34,810 Two years after my sister was born, 488 00:24:34,890 --> 00:24:37,140 our parents divorced. 489 00:24:37,220 --> 00:24:41,430 For a long time, Mom struggled. 490 00:24:41,520 --> 00:24:44,430 Then a friend took her on a road trip-- 491 00:24:44,520 --> 00:24:45,730 to Turkey! 492 00:24:45,810 --> 00:24:49,220 ( music playing ) 493 00:24:49,310 --> 00:24:51,810 Mom loved everything about Turkey, 494 00:24:51,890 --> 00:24:54,390 including a Turk named Ramazan. 495 00:24:56,180 --> 00:24:58,270 She went back to see him, and Turkey, 496 00:24:58,350 --> 00:25:00,600 nearly every summer for 20 years. 497 00:25:03,930 --> 00:25:06,770 After teaching special ed for three decades, 498 00:25:06,850 --> 00:25:08,520 Mom retired. 499 00:25:08,600 --> 00:25:12,180 And then came Mom's first grandson. 500 00:25:12,270 --> 00:25:14,020 - A punching balloon, Mama! - ( cheering ) 501 00:25:14,100 --> 00:25:16,930 Punching balloon! 502 00:25:17,020 --> 00:25:18,060 ( whoopee cushion sound ) 503 00:25:18,140 --> 00:25:20,220 ( laughter ) 504 00:25:20,310 --> 00:25:21,850 Judie: One, two, three. 505 00:25:21,930 --> 00:25:25,470 All: Happy Fourth of July! 506 00:25:25,560 --> 00:25:27,680 ( laughter ) 507 00:25:27,770 --> 00:25:30,350 ( monitor beeping ) 508 00:25:30,430 --> 00:25:32,140 Beth: We're very proud of Grandma. 509 00:25:32,220 --> 00:25:34,730 Thumbs up for Grandma! Whoo-hoo! 510 00:25:34,810 --> 00:25:38,470 I'm tired of this bed. I'm tired of this place. 511 00:25:38,560 --> 00:25:42,180 I just want to come home... 512 00:25:42,270 --> 00:25:47,390 and be surrounded by my-- by my personal things. 513 00:25:47,470 --> 00:25:49,810 Benjamin: By your things that you know. 514 00:25:49,890 --> 00:25:51,930 Judie: Yeah. 515 00:25:52,020 --> 00:25:54,180 Steve: What Mom doesn't understand 516 00:25:54,270 --> 00:25:57,100 is that because of her cognitive and physical injuries 517 00:25:57,180 --> 00:25:59,390 the only way she can come home 518 00:25:59,470 --> 00:26:01,850 is with 24/7 live-in care. 519 00:26:01,930 --> 00:26:05,520 I don't agree with them. They're wrong. ( crying ) 520 00:26:05,600 --> 00:26:07,520 Steve: So you really think you can just go home 521 00:26:07,600 --> 00:26:08,890 and you wouldn't need any help? 522 00:26:08,980 --> 00:26:10,770 I really do. 523 00:26:12,680 --> 00:26:14,470 And what happens when you fall and break your hip? 524 00:26:14,560 --> 00:26:16,810 I'm not gonna fall. 525 00:26:16,890 --> 00:26:19,680 What happens when you get in trouble at the house? 526 00:26:19,770 --> 00:26:23,060 I don't know. I'll work it out. 527 00:26:23,140 --> 00:26:28,180 The number one thing for me is that you are safe. 528 00:26:30,600 --> 00:26:32,220 Woman: Welcome to Home Helpers. 529 00:26:32,310 --> 00:26:33,730 You've come to the right place. 530 00:26:33,810 --> 00:26:38,100 Both: ♪ I once was lost ♪ 531 00:26:38,180 --> 00:26:39,350 Who doesn't want to stay at home? 532 00:26:39,430 --> 00:26:41,350 I like it better at home. 533 00:26:41,430 --> 00:26:43,430 Narrator: What does Home Care cost? 534 00:26:43,520 --> 00:26:45,770 Ten to fifteen thousand dollars a month 535 00:26:45,850 --> 00:26:47,980 if your parent needs round-the-clock care. 536 00:26:48,060 --> 00:26:49,560 Steve: Holy hell. 537 00:26:49,640 --> 00:26:51,270 If we bring Mom home, 538 00:26:51,350 --> 00:26:53,180 it will cost double what we're paying at Harmony. 539 00:26:53,270 --> 00:26:54,850 How does anyone afford this? 540 00:26:54,930 --> 00:26:56,980 If we take her home and we spend all her money, 541 00:26:57,060 --> 00:26:59,350 we got no backup plan, we got nowhere to go. 542 00:26:59,430 --> 00:27:02,350 Mom's home, 5590 Engel Lane, 543 00:27:02,430 --> 00:27:03,930 has always been hope. 544 00:27:04,020 --> 00:27:06,180 She's been living to go home. 545 00:27:06,270 --> 00:27:07,640 So what do we do? 546 00:27:07,730 --> 00:27:09,930 Do we go for home, which is hope but not safe, 547 00:27:10,020 --> 00:27:11,980 or do we go for safe, which is not home, 548 00:27:12,060 --> 00:27:13,600 which shows no hope? 549 00:27:16,220 --> 00:27:18,310 Ted: Every time I ask 550 00:27:18,390 --> 00:27:19,680 about Judie coming home, 551 00:27:19,770 --> 00:27:22,810 I'm told another excuse that 552 00:27:22,890 --> 00:27:26,390 - she can't afford it... - Steve: Ted, I don't think there's anyone in this room 553 00:27:26,470 --> 00:27:28,180 that doesn't want her to come home. 554 00:27:28,270 --> 00:27:30,220 We're not trying to say, "We don't want Mom home." 555 00:27:30,310 --> 00:27:32,270 This is the laundry list of costs. 556 00:27:32,350 --> 00:27:34,180 The person in the house. 557 00:27:34,270 --> 00:27:35,770 We've got meds, food-- 558 00:27:35,850 --> 00:27:37,430 for not just Mom, but for the other person-- 559 00:27:37,520 --> 00:27:39,310 we've got therapy, we've got Depends, 560 00:27:39,390 --> 00:27:40,890 we have transportation, car, 561 00:27:40,980 --> 00:27:42,350 house insurance, car insurance, 562 00:27:42,430 --> 00:27:44,180 health insurance, all of your utilities, 563 00:27:44,270 --> 00:27:46,430 taxes-- state, federal, local. 564 00:27:46,520 --> 00:27:49,310 These are our costs. This is reality. 565 00:27:49,390 --> 00:27:52,680 But getting her home and back to normal... 566 00:27:52,770 --> 00:27:54,770 Beth: Mom has limited resources. 567 00:27:54,850 --> 00:27:58,810 Mom worked her whole life, busted her butt as a teacher-- 568 00:27:58,890 --> 00:28:02,470 - I thought I saved enough money for-- - Beth: You saved enough money. 569 00:28:02,560 --> 00:28:04,140 Margo: If this hadn't happened, you would have been great. 570 00:28:04,220 --> 00:28:06,060 Beth: She saved everything she could 571 00:28:06,140 --> 00:28:07,600 for her retirement-- 572 00:28:07,680 --> 00:28:09,810 not for her to have to pay 573 00:28:09,890 --> 00:28:12,220 an incredible amount of money for her care. 574 00:28:12,310 --> 00:28:15,350 She is gonna need help for a significant period of time. 575 00:28:15,430 --> 00:28:17,640 And if we run her resources dry, 576 00:28:17,730 --> 00:28:19,430 I don't know where she's gonna go. 577 00:28:19,520 --> 00:28:22,520 - You understand? - Ted: Sure I understand. 578 00:28:22,600 --> 00:28:24,020 Of course I understand. 579 00:28:24,100 --> 00:28:25,890 I just want you to be protected. 580 00:28:25,980 --> 00:28:29,470 - I know. - And I want you to live your best life. 581 00:28:29,560 --> 00:28:31,600 - Your best life. - I know. I know. 582 00:28:31,680 --> 00:28:33,980 - No matter what that is. - I know. 583 00:28:36,470 --> 00:28:38,020 This is the most stressful thing 584 00:28:38,100 --> 00:28:42,140 I think we've ever been through, I've ever been through. 585 00:28:42,220 --> 00:28:45,310 I personally can't stand it, you know. 586 00:28:45,390 --> 00:28:47,350 Steve: We're doing the very best we can. 587 00:28:47,430 --> 00:28:49,980 Your daughter lives in India. We live in California. 588 00:28:50,060 --> 00:28:51,470 You guys live in Ohio. 589 00:28:51,560 --> 00:28:53,520 Frankly, I'd like to salute us as well. 590 00:28:53,600 --> 00:28:56,220 We're doing pretty friggin' good! Look at her! 591 00:28:56,310 --> 00:28:58,850 I looked you right in the eyes, and you were dyin'. OK? 592 00:28:58,930 --> 00:29:00,310 Yeah. I know. I know. 593 00:29:00,390 --> 00:29:02,390 Keep fighting. 594 00:29:02,470 --> 00:29:04,520 The lawsuit moves forward. 595 00:29:04,600 --> 00:29:06,930 From the super lawyer of the State of Wisconsin, 596 00:29:07,020 --> 00:29:09,390 Lynn Laufenberg, who thinks we have a great case. 597 00:29:09,470 --> 00:29:11,310 I've been livin' for the lawsuit. 598 00:29:11,390 --> 00:29:14,060 Ted: It's David versus Goliath. 599 00:29:14,140 --> 00:29:16,180 But there's no doubt in my mind 600 00:29:16,270 --> 00:29:19,770 that there was negligence, and it makes me sick. 601 00:29:19,850 --> 00:29:22,060 Steve: I'm gonna continue to fight in the lawsuit. 602 00:29:22,140 --> 00:29:25,560 It's the only way we can afford to bring Mom home. 603 00:29:27,470 --> 00:29:28,850 We're doin' OK. 604 00:29:28,930 --> 00:29:30,270 For a family of misfits, we're OK. 605 00:29:30,350 --> 00:29:31,890 Judie: Family of misfits? 606 00:29:31,980 --> 00:29:34,600 We're not pretty, but we're effective. 607 00:29:34,680 --> 00:29:36,390 ( Judie laughing ) 608 00:29:39,810 --> 00:29:43,310 Laufenberg ( on phone ): And the lawyer, if they lose 90% of these cases, 609 00:29:43,390 --> 00:29:46,220 you're not gonna be in business very long 610 00:29:46,310 --> 00:29:47,980 because the statistics will catch up to you. 611 00:29:48,060 --> 00:29:49,430 Steve: Yeah. 612 00:29:49,520 --> 00:29:50,520 Holy shit. 613 00:29:50,600 --> 00:29:52,140 Our super lawyer just quit. 614 00:29:52,220 --> 00:29:54,930 And not just our case, but at least for now, 615 00:29:55,020 --> 00:29:56,850 all medical malpractice cases. 616 00:29:56,930 --> 00:30:01,140 Laufenberg: When you lose five out of six of these cases, 617 00:30:01,220 --> 00:30:04,470 you begin to question your own abilities. 618 00:30:04,560 --> 00:30:07,310 You wonder if it's something you're doing wrong. 619 00:30:07,390 --> 00:30:11,220 Just mentally and emotionally it wears you down. 620 00:30:11,310 --> 00:30:14,060 You say, "Why am I doing this?" 621 00:30:14,140 --> 00:30:15,600 Nobody wants to play cards 622 00:30:15,680 --> 00:30:18,810 - with a stacked deck. - Right. ( sighs ) 623 00:30:18,890 --> 00:30:20,730 I wish you the best. 624 00:30:32,930 --> 00:30:35,180 Steve: It wasn't easy, but luckily, 625 00:30:35,270 --> 00:30:37,180 we found another super lawyer. 626 00:30:37,270 --> 00:30:39,430 Steve: Seems like you guys are going extinct. 627 00:30:39,520 --> 00:30:42,060 Mike End: That's true. Just keeps getting worse. 628 00:30:42,140 --> 00:30:44,350 The legislature has been very active 629 00:30:44,430 --> 00:30:47,930 in trying to make things more difficult for patients 630 00:30:48,020 --> 00:30:51,850 and easier for doctors to defend the cases. 631 00:30:51,930 --> 00:30:54,930 Steve: Mike End says there's an iron curtain of laws 632 00:30:55,020 --> 00:30:56,980 that have been quietly passed in Wisconsin 633 00:30:57,060 --> 00:30:58,470 that make it nearly impossible 634 00:30:58,560 --> 00:31:00,020 to hold doctors and hospitals 635 00:31:00,100 --> 00:31:01,770 accountable for their mistakes. 636 00:31:01,850 --> 00:31:04,270 Like the law that says doctors don't have to testify 637 00:31:04,350 --> 00:31:07,020 against doctors even if they see wrongdoing. 638 00:31:07,100 --> 00:31:09,350 End: The patient's treating doctor 639 00:31:09,430 --> 00:31:11,850 has an absolute pass 640 00:31:11,930 --> 00:31:16,220 as far as giving testimony that might help the patient. 641 00:31:16,310 --> 00:31:18,270 It's a so-called privilege 642 00:31:18,350 --> 00:31:22,100 that the treating doctors take advantage of. 643 00:31:22,180 --> 00:31:26,890 Doctors just don't want to rat on another doctor. 644 00:31:26,980 --> 00:31:28,680 Steve: Or the law that states 645 00:31:28,770 --> 00:31:30,930 if you don't have a spouse or any minor kids 646 00:31:31,020 --> 00:31:33,060 and a doctor or a hospital kills you, 647 00:31:33,140 --> 00:31:34,560 you have no rights. 648 00:31:34,640 --> 00:31:38,020 For your mother's case, if she had died that night 649 00:31:38,100 --> 00:31:42,220 there would be absolutely no case that could be brought. 650 00:31:42,310 --> 00:31:44,350 Steve: Or the law that says the doctor can admit his guilt 651 00:31:44,430 --> 00:31:46,980 and say he's sorry, but it can't be used against him. 652 00:31:47,060 --> 00:31:50,310 End: We've had a number of cases where the doctor 653 00:31:50,390 --> 00:31:52,730 at deposition said, 654 00:31:52,810 --> 00:31:54,560 "It's all my fault," 655 00:31:54,640 --> 00:31:58,310 yet the insurance company for the doctor said, 656 00:31:58,390 --> 00:31:59,810 "We're not gonna settle," 657 00:31:59,890 --> 00:32:02,430 knowing that they win 90% of the time. 658 00:32:02,520 --> 00:32:03,390 Steve: Wow. 659 00:32:03,470 --> 00:32:05,270 Wisconsin just mirrors 660 00:32:05,350 --> 00:32:07,680 what has been happening nationally. 661 00:32:07,770 --> 00:32:10,680 Steve: All roads lead back to the insurance companies. 662 00:32:10,770 --> 00:32:14,020 Their whole plan is to... 663 00:32:14,100 --> 00:32:16,560 drag this shit out as long as they can. 664 00:32:16,640 --> 00:32:18,220 Steve: How long does it take 665 00:32:18,310 --> 00:32:20,140 from the day that somebody calls your office 666 00:32:20,220 --> 00:32:22,560 to the day that they have their day in court? 667 00:32:22,640 --> 00:32:24,810 It's probably three years 668 00:32:24,890 --> 00:32:28,140 from when you file the lawsuit until you get to trial. 669 00:32:28,220 --> 00:32:31,600 So it's a long process. 670 00:32:31,680 --> 00:32:34,060 - ( audience clapping ) - Man: Thank you. Thank you very much. 671 00:32:34,140 --> 00:32:35,770 ( recorded music playing ) 672 00:32:35,850 --> 00:32:39,220 ♪ Maybe I didn't treat you ♪ 673 00:32:41,560 --> 00:32:44,890 ♪ Quite as good as I should have ♪ 674 00:32:47,430 --> 00:32:50,520 ♪ Maybe I didn't love you ♪ 675 00:32:53,060 --> 00:32:55,060 ♪ Quite as often as I could... ♪ 676 00:32:55,140 --> 00:32:56,810 Steve: Though few and far between, 677 00:32:56,890 --> 00:32:58,470 Mom does have good days. 678 00:32:58,560 --> 00:33:01,980 Oh! ( laughing ) 679 00:33:02,060 --> 00:33:05,730 ♪ Happy birthday, happy birthday... ♪ 680 00:33:05,810 --> 00:33:07,640 Oh! That's so funny. 681 00:33:07,730 --> 00:33:10,810 That's the funniest-looking card I ever did see. 682 00:33:10,890 --> 00:33:12,310 Cindy: You catch her on a good day, 683 00:33:12,390 --> 00:33:15,270 she seems completely fine. 684 00:33:15,350 --> 00:33:17,140 Unless you catch her on a bad day. 685 00:33:17,220 --> 00:33:19,930 Steve: Why are you sitting in the dark, Mom? 686 00:33:20,020 --> 00:33:21,980 Judie: Because I like to. 687 00:33:22,060 --> 00:33:23,980 Have a couple little donuts? 688 00:33:24,060 --> 00:33:26,520 I'm sorry, I don't feel like it. 689 00:33:26,600 --> 00:33:27,930 Well, that's a first. 690 00:33:28,020 --> 00:33:31,600 I'm at a point I don't even care. 691 00:33:31,680 --> 00:33:34,180 - I just don't. - No one's quitting. 692 00:33:34,270 --> 00:33:36,270 You took a major hit, Mom. 693 00:33:36,350 --> 00:33:38,100 We didn't know were you gonna wake up. 694 00:33:38,180 --> 00:33:39,930 You'd be on a ventilator somewhere, right? 695 00:33:40,020 --> 00:33:41,560 - Judie: Probably be better off. - Steve: No. 696 00:33:41,640 --> 00:33:43,890 I'm not much good to anybody anymore. 697 00:33:43,980 --> 00:33:48,310 ( crying ) And I'm never gonna drive again. 698 00:33:48,390 --> 00:33:51,850 I just have that feeling. 699 00:33:51,930 --> 00:33:53,850 - And I don't know-- - Kneuppel: That's a tough one. 700 00:33:53,930 --> 00:33:57,640 If I can't drive again, then there's no point in living. 701 00:33:59,430 --> 00:34:01,850 Kneuppel: This is not how she envisioned her life. 702 00:34:01,930 --> 00:34:03,850 I would hate to see Judie just sitting here, 703 00:34:03,930 --> 00:34:07,390 isolated, depressed, and a physical mess. 704 00:34:07,470 --> 00:34:10,220 I want more for her out of life than that. 705 00:34:10,310 --> 00:34:13,430 ( Judie on speaker ) 706 00:34:13,520 --> 00:34:15,060 Steve: Are you absolutely convinced 707 00:34:15,140 --> 00:34:16,810 you could drive safely right now? 708 00:34:31,390 --> 00:34:33,850 Steve: How do you tell your brain-injured mom 709 00:34:33,930 --> 00:34:36,020 she'll never drive again? 710 00:34:36,100 --> 00:34:39,730 My strategy is to let her find out for herself. 711 00:34:39,810 --> 00:34:41,850 If she's up, I'll be shocked. 712 00:34:41,930 --> 00:34:44,020 Mom, it's 11:20. 713 00:34:44,100 --> 00:34:45,430 Why are you not up? 714 00:34:45,520 --> 00:34:47,100 I'm ready. 715 00:34:47,180 --> 00:34:48,350 Let's go. Chop chop. 716 00:34:48,430 --> 00:34:50,980 Steve, you like to grill me. 717 00:34:51,060 --> 00:34:52,770 We can find an empty parking lot. 718 00:34:52,850 --> 00:34:54,310 There's not gonna be a lot of people there, 719 00:34:54,390 --> 00:34:56,520 just in case things go-- who knows? 720 00:34:56,600 --> 00:34:59,980 - It's gonna be OK. - I'm not worried. 721 00:35:00,060 --> 00:35:01,600 I'm a little worried. 722 00:35:01,680 --> 00:35:03,470 ( laughs ) Oh, you're a little worried. 723 00:35:03,560 --> 00:35:05,600 Just, you know. This is just an experiment. 724 00:35:05,680 --> 00:35:08,470 - It's not official. - I am a very good driver. 725 00:35:08,560 --> 00:35:10,850 - I taught you to drive. - You did. 726 00:35:10,930 --> 00:35:13,220 - OK. We'll put you in the car and then we'll-- - ( clanks ) 727 00:35:13,310 --> 00:35:15,930 Look at you. You're already crashing into your walker. 728 00:35:16,020 --> 00:35:18,310 Steve: This is gonna go well. 729 00:35:20,770 --> 00:35:23,430 You remember all the things you have to do to drive? 730 00:35:23,520 --> 00:35:25,770 - Mm-hmm. - You know, brake, accelerator, 731 00:35:25,850 --> 00:35:27,140 brake, accelerator. 732 00:35:27,220 --> 00:35:29,640 - Reaction. - Oh, Steve, come on. 733 00:35:29,730 --> 00:35:32,560 - Mom, I'm not kidding. - I'm not gonna fail on this. 734 00:35:38,060 --> 00:35:40,390 All right, we're just gonna have a little fun here, right? 735 00:35:40,470 --> 00:35:42,220 - Judie: Mm-hmm. - Steve: No big deal. 736 00:35:44,310 --> 00:35:46,310 I think I'm gonna be OK. 737 00:35:46,390 --> 00:35:48,810 This may be the stupidest thing I've ever done in my life. 738 00:35:48,890 --> 00:35:51,600 All right. Let's start the car. 739 00:35:54,100 --> 00:35:56,390 - What are you doin'? - I'm trying to-- 740 00:35:56,470 --> 00:35:58,060 ( both laugh ) 741 00:35:58,140 --> 00:35:59,680 I don't know how to start the car. 742 00:35:59,770 --> 00:36:01,680 ( both laughing ) 743 00:36:01,770 --> 00:36:03,310 We're off to a good start. 744 00:36:03,390 --> 00:36:04,730 I'm gonna try it. 745 00:36:04,810 --> 00:36:06,850 - ( engine starts ) - All right. 746 00:36:06,930 --> 00:36:09,850 I want you to practice going from your foot to the brake, foot to the brake. 747 00:36:09,930 --> 00:36:13,100 - OK. - Where are your hands? 748 00:36:13,180 --> 00:36:15,640 They're on your leg. They're not on the steering wheel. 749 00:36:15,730 --> 00:36:18,220 I can do both at the same time. 750 00:36:18,310 --> 00:36:20,020 ( both laugh ) 751 00:36:20,100 --> 00:36:22,810 All right, now we're in drive. We're gonna go really slow. 752 00:36:22,890 --> 00:36:23,850 - OK. - OK. 753 00:36:23,930 --> 00:36:25,180 ( engine revs ) 754 00:36:25,270 --> 00:36:26,770 All right, all right, all right. All right. 755 00:36:26,850 --> 00:36:29,680 Brake it. Brake it. Brake it. Brake it. 756 00:36:29,770 --> 00:36:31,470 All right, I'll put it in drive again. 757 00:36:31,560 --> 00:36:33,270 Now why don't you just do a loop? 758 00:36:33,350 --> 00:36:36,180 Go ahead. Nice and easy. Very slow. Very slow. 759 00:36:36,270 --> 00:36:37,850 - OK. - All right. 760 00:36:37,930 --> 00:36:40,850 - Whoa. Not so fast. All right. - I want to go. 761 00:36:40,930 --> 00:36:43,270 - Mom, here comes a car. - ( horn honks ) 762 00:36:43,350 --> 00:36:45,020 You're going right for the green car. That's not-- 763 00:36:45,100 --> 00:36:46,520 Mom, Mom, Mom. Mom. 764 00:36:46,600 --> 00:36:48,140 Brake. Brake. 765 00:36:48,220 --> 00:36:49,350 You gotta be cool. 766 00:36:49,430 --> 00:36:51,390 - I am cool. - OK. 767 00:36:51,470 --> 00:36:52,850 Let's park this puppy. 768 00:36:52,930 --> 00:36:54,810 ( emergency brake engages ) 769 00:36:54,890 --> 00:36:56,350 Well, what do you think? 770 00:36:58,430 --> 00:36:59,810 Yeah. 771 00:37:02,640 --> 00:37:04,310 I think I could do it. 772 00:37:04,390 --> 00:37:07,850 Um, OK. Should we go to lunch? 773 00:37:07,930 --> 00:37:09,350 - Yeah. - All right. 774 00:37:09,430 --> 00:37:11,430 Want me to drive? 775 00:37:11,520 --> 00:37:14,180 ( both laugh ) 776 00:37:14,270 --> 00:37:17,430 Steve: Mom's judgement is way off. 777 00:37:17,520 --> 00:37:19,680 We meet with a neurocognitive doctor 778 00:37:19,770 --> 00:37:21,890 to find out what the hell is going on. 779 00:37:21,980 --> 00:37:24,270 There's like 30 to 40 different tests, 780 00:37:24,350 --> 00:37:27,560 testing reaction time or sequencing. 781 00:37:27,640 --> 00:37:29,220 The trail making test, 782 00:37:29,310 --> 00:37:31,560 the Stroop color word task test, 783 00:37:31,640 --> 00:37:34,600 the Wisconsin card sort test, the above-average range test, 784 00:37:34,680 --> 00:37:36,930 animal naming test, semantics categories test, 785 00:37:37,020 --> 00:37:39,100 verbal fluency, verbal retrieval. 786 00:37:39,180 --> 00:37:41,470 Twelve hours of testing later... 787 00:37:49,060 --> 00:37:52,180 Mom is diagnosed with permanent brain damage 788 00:37:52,270 --> 00:37:55,560 affecting her memory, judgement, and reasoning. 789 00:37:55,640 --> 00:37:57,980 Worse, because of her brain damage, 790 00:37:58,060 --> 00:38:00,560 Mom doesn't even know she has brain damage. 791 00:38:00,640 --> 00:38:03,220 He says she has the cognitive abilities 792 00:38:03,310 --> 00:38:04,890 of like an eight-year-old. 793 00:38:04,980 --> 00:38:07,390 The only good thing about this devastating report 794 00:38:07,470 --> 00:38:10,520 is that is strengthens our legal case. 795 00:38:10,600 --> 00:38:12,020 ( music playing ) 796 00:38:12,100 --> 00:38:13,060 Man: Look at Raoul 797 00:38:13,140 --> 00:38:14,310 bouncing up and down! 798 00:38:14,390 --> 00:38:16,470 Steve: Back in show biz... 799 00:38:16,560 --> 00:38:20,140 Man: Oh, my! Plastic Cup takes a nasty spill! 800 00:38:20,220 --> 00:38:22,680 Steve: ...I was nearly fired from one of the few directing jobs 801 00:38:22,770 --> 00:38:24,310 I was even able to pursue 802 00:38:24,390 --> 00:38:25,810 because of being on the phone all the time 803 00:38:25,890 --> 00:38:27,220 dealing with my mom's care. 804 00:38:27,310 --> 00:38:28,680 ( music playing ) 805 00:38:28,770 --> 00:38:29,770 On top of that, 806 00:38:29,850 --> 00:38:31,140 I get dumped by all my agents 807 00:38:31,220 --> 00:38:33,060 here in the States and overseas. 808 00:38:33,140 --> 00:38:35,890 - Come on! - My agents dumped me without telling me. 809 00:38:35,980 --> 00:38:37,470 They say I've been gone too long 810 00:38:37,560 --> 00:38:39,140 and that brain damage ain't funny, 811 00:38:39,220 --> 00:38:42,600 and funny is money, so no funny, no money, 812 00:38:42,680 --> 00:38:44,270 so there goes my livelihood, 813 00:38:44,350 --> 00:38:46,020 not to mention my health insurance. 814 00:38:46,100 --> 00:38:47,730 Holy crap. 815 00:38:50,930 --> 00:38:54,020 Cindy: It's a slippery slope right now. 816 00:38:54,100 --> 00:38:55,310 And... 817 00:38:55,390 --> 00:38:57,730 Steve's just doing his very best. 818 00:38:57,810 --> 00:39:01,310 He's been working on three scripts 819 00:39:01,390 --> 00:39:04,020 in the last few years, 820 00:39:04,100 --> 00:39:07,020 but because of Judie's injury, 821 00:39:07,100 --> 00:39:11,730 he has not been able to... to work on those. 822 00:39:11,810 --> 00:39:14,520 Margo: What has happened to Judie 823 00:39:14,600 --> 00:39:17,930 has very much affected how Steve reacts 824 00:39:18,020 --> 00:39:19,810 to the world around him. 825 00:39:19,890 --> 00:39:22,810 His sense of humor is still there, 826 00:39:22,890 --> 00:39:25,020 but he fears the loss of it. 827 00:39:25,100 --> 00:39:26,770 And I think it's a valid fear, 828 00:39:26,850 --> 00:39:29,020 because that's how he's always made his living 829 00:39:29,100 --> 00:39:31,390 and that's how he's always perceived himself. 830 00:39:31,470 --> 00:39:36,100 - I'll call again about the insurance. - OK. 831 00:39:36,180 --> 00:39:38,930 Margo: This has impacted us financially, 832 00:39:39,020 --> 00:39:42,520 because without my job, we couldn't be doing-- 833 00:39:42,600 --> 00:39:44,890 Steve couldn't be doing what he's doing. 834 00:39:44,980 --> 00:39:47,560 My parents had left us a little money, 835 00:39:47,640 --> 00:39:50,560 so all that we've had to utilize, 836 00:39:50,640 --> 00:39:52,640 which we didn't want to do ever, 837 00:39:52,730 --> 00:39:55,060 but we've had to because this has 838 00:39:55,140 --> 00:39:57,060 taken over our lives. 839 00:39:57,140 --> 00:39:58,980 I love you. 840 00:40:00,600 --> 00:40:04,060 ( cheering ) 841 00:40:04,140 --> 00:40:06,680 Crowd: Go, Scott, go! Go, Scott, go! 842 00:40:06,770 --> 00:40:09,020 I want to tell every worker, 843 00:40:09,100 --> 00:40:11,270 every family, and every business 844 00:40:11,350 --> 00:40:14,220 that you have an ally in the governor's office. 845 00:40:14,310 --> 00:40:18,470 Wisconsin is open for business. 846 00:40:18,560 --> 00:40:22,430 Steve: What the governor really means by big business is tax cuts, 847 00:40:22,520 --> 00:40:25,430 which translates into less money for health care. 848 00:40:25,520 --> 00:40:27,020 End: The legislature in Wisconsin 849 00:40:27,100 --> 00:40:29,730 it not a legislature that's friendly 850 00:40:29,810 --> 00:40:33,470 to the citizens of Wisconsin, or to people injured. 851 00:40:33,560 --> 00:40:35,180 Female Reporter: Families of those killed 852 00:40:35,270 --> 00:40:37,470 by people they believe were negligent 853 00:40:37,560 --> 00:40:40,810 are pleading not to pass a bill to reform civil lawsuits. 854 00:40:40,890 --> 00:40:43,600 The bill lowers the standard for negligent activity 855 00:40:43,680 --> 00:40:46,140 by nursing home workers and even drunk drivers. 856 00:40:46,220 --> 00:40:48,890 To allow a bill like this to go through 857 00:40:48,980 --> 00:40:52,640 kind of wiping out that accountability is ludicrous. 858 00:40:52,730 --> 00:40:54,850 Female Reporter: Lawmakers are arguing changing the law 859 00:40:54,930 --> 00:40:57,270 will make the environment better for business. 860 00:40:57,350 --> 00:40:59,100 Dr. Makary: Politicians talk about 861 00:40:59,180 --> 00:41:02,350 how to fix the broken health care system, 862 00:41:02,430 --> 00:41:04,560 but they're not really talking about fixing it, 863 00:41:04,640 --> 00:41:06,810 they're talking about how to finance 864 00:41:06,890 --> 00:41:08,600 the broken health care system, 865 00:41:08,680 --> 00:41:10,680 how to pay for health care differently. 866 00:41:10,770 --> 00:41:13,640 Steve: The business lobby says it will create jobs. 867 00:41:13,730 --> 00:41:15,270 Man: This is not a jobs bill. 868 00:41:15,350 --> 00:41:16,810 It's an abomination, 869 00:41:16,890 --> 00:41:18,430 what they've done to protect wrongdoers. 870 00:41:18,520 --> 00:41:20,810 Nursing homes are being populated 871 00:41:20,890 --> 00:41:23,140 by people who are being discharged from hospitals. 872 00:41:23,220 --> 00:41:24,980 It's not just elderly people. 873 00:41:25,060 --> 00:41:26,980 So when someone says, 874 00:41:27,060 --> 00:41:29,770 "We should limit damages because all these people are old anyway 875 00:41:29,850 --> 00:41:32,180 and they'll be dead in 10 years," that is not true. 876 00:41:32,270 --> 00:41:35,980 We need to stop talking about how to finance health care differently 877 00:41:36,060 --> 00:41:38,770 and start talking about how to fix the root problem. 878 00:41:38,850 --> 00:41:40,640 Steve: It starts to become very clear 879 00:41:40,730 --> 00:41:42,640 this isn't just Aurora we're fighting, 880 00:41:42,730 --> 00:41:45,430 it's the whole system that protects the business 881 00:41:45,520 --> 00:41:46,890 of corporate medicine. 882 00:41:51,930 --> 00:41:53,140 Hey. 883 00:41:55,180 --> 00:41:56,890 - Judie: How are you? - I'm all right. 884 00:41:56,980 --> 00:41:59,430 So those cognitive tests, 885 00:41:59,520 --> 00:42:04,180 there are areas that your brain suffered damage. 886 00:42:04,270 --> 00:42:07,770 There are connections there that are broken. 887 00:42:07,850 --> 00:42:11,810 So I have permanent problems with the brain, 888 00:42:11,890 --> 00:42:12,930 is that what you're saying? 889 00:42:13,020 --> 00:42:14,520 That's what he has said. 890 00:42:14,600 --> 00:42:16,770 Permanent cognitive brain damage with your judgement. 891 00:42:16,850 --> 00:42:19,020 I don't see that I have any problems. 892 00:42:19,100 --> 00:42:21,600 These are medical facts. I'm not making this up. 893 00:42:21,680 --> 00:42:26,060 Well, that messes us up for me going home. 894 00:42:26,140 --> 00:42:28,730 But why are you so insistent 895 00:42:28,810 --> 00:42:32,060 that I cannot handle this on my own? 896 00:42:32,140 --> 00:42:33,890 I'm supposed to do what's in your best interest. 897 00:42:33,980 --> 00:42:37,350 And I know that you going home is not in your best interest. 898 00:42:37,430 --> 00:42:40,680 I don't know if I'd do it or not, but I might. 899 00:42:40,770 --> 00:42:41,980 What are you talking about? 900 00:42:42,060 --> 00:42:43,890 I'm talking about, you know, 901 00:42:43,980 --> 00:42:46,850 figuring out a way to end my life then, 902 00:42:46,930 --> 00:42:51,140 because I don't want to spend the rest of my life in a place like this. 903 00:42:51,220 --> 00:42:54,060 This is not living. 904 00:42:54,140 --> 00:42:58,060 I mean, I just subsist from one day to the next. 905 00:42:58,140 --> 00:42:59,930 But you won't let me go home. 906 00:43:00,020 --> 00:43:03,180 Mom, you don't necessarily understand. 907 00:43:03,270 --> 00:43:06,350 Going home, it's gonna be rough on you. 908 00:43:06,430 --> 00:43:08,680 Even if we tried it out? 909 00:43:11,980 --> 00:43:14,350 ( music playing ) 910 00:43:17,020 --> 00:43:19,520 - Cindy: Judy's here! - Hi! 911 00:43:19,600 --> 00:43:22,350 Steve: We agree to bring Mom home for a round of tests-- 912 00:43:22,430 --> 00:43:26,310 a run-through of what a typical day at home might be like. 913 00:43:26,390 --> 00:43:28,770 Cindy: Let's say you're just sitting up. 914 00:43:28,850 --> 00:43:30,930 What are some of the things that you would need... 915 00:43:31,020 --> 00:43:33,270 Maybe I can run to the bathroom. 916 00:43:33,350 --> 00:43:36,060 No, you will not be using this bathroom. 917 00:43:36,140 --> 00:43:39,390 I know. It's too narrow and I can't get the walker in. 918 00:43:39,470 --> 00:43:41,930 Steve: Next up, the downstairs bathroom. 919 00:43:42,020 --> 00:43:44,470 I hold on here-- here... 920 00:43:44,560 --> 00:43:47,430 and I'm up in a flash. 921 00:43:47,520 --> 00:43:49,640 - You've changed your Depends. - Yes. 922 00:43:49,730 --> 00:43:51,980 And you have your clothes on for the day. 923 00:43:52,060 --> 00:43:54,100 I'm ready to go to a party. 924 00:43:54,180 --> 00:43:57,270 - Coffee? - Oh, yeah. 925 00:43:57,350 --> 00:43:58,810 Steve: I like how you're balancing yourself 926 00:43:58,890 --> 00:43:59,890 on your forehead there, Mom. 927 00:43:59,980 --> 00:44:00,890 I can do this. 928 00:44:00,980 --> 00:44:01,980 Cirque du Soleil. 929 00:44:02,060 --> 00:44:04,310 Now I'm coming over to the sink. 930 00:44:04,390 --> 00:44:05,350 What's in the way? 931 00:44:05,430 --> 00:44:08,140 Look down. 932 00:44:08,220 --> 00:44:10,600 Oh! I didn't see that. 933 00:44:12,390 --> 00:44:15,520 ( exhales ) Oh... 934 00:44:15,600 --> 00:44:19,350 Judie: Obviously you're thinking I cannot go home. 935 00:44:19,430 --> 00:44:21,430 You think that this house is safe for you right now? 936 00:44:21,520 --> 00:44:22,730 It's OK! 937 00:44:22,810 --> 00:44:24,930 How are we gonna manage you at home? 938 00:44:25,020 --> 00:44:26,810 We all live very far away. 939 00:44:26,890 --> 00:44:29,100 Kneuppel: If for some reason you take a fall, 940 00:44:29,180 --> 00:44:31,220 are you prepared for that? 941 00:44:31,310 --> 00:44:33,520 Seriously, do you really understand what that would mean? 942 00:44:33,600 --> 00:44:34,770 Judie: I do understand. 943 00:44:34,850 --> 00:44:36,680 What would it mean if you fell? 944 00:44:36,770 --> 00:44:38,930 It would mean problems for me, yes. 945 00:44:39,020 --> 00:44:42,430 And that really means Steve. I don't know if you know that or not. 946 00:44:42,520 --> 00:44:44,350 I know that. I know it. 947 00:44:44,430 --> 00:44:46,350 You can't call Steve if there's a problem. 948 00:44:46,430 --> 00:44:47,520 Oh, I won't call Steve. 949 00:44:47,600 --> 00:44:49,350 You can be sure. I won't call him. 950 00:44:49,430 --> 00:44:51,980 I will not call you. Ever. 951 00:44:52,060 --> 00:44:54,600 - ( all talking ) - No, no, no. 952 00:44:54,680 --> 00:44:56,680 I won't be calling you with problems. 953 00:44:56,770 --> 00:44:58,520 Well, but that's all there's gonna be! 954 00:44:58,600 --> 00:45:00,350 - ( sighs ) - What you're gonna do is, 955 00:45:00,430 --> 00:45:02,560 you're gonna put yourself at risk. And Mike End told me, 956 00:45:02,640 --> 00:45:04,680 "No matter what, keep her healthy. Keep her going." 957 00:45:04,770 --> 00:45:07,390 'Cause you're gonna have to testify for yourself. 958 00:45:07,470 --> 00:45:09,390 Well, I'm sure-- Are they gonna allow me 959 00:45:09,470 --> 00:45:11,180 because I have the brain damage? 960 00:45:11,270 --> 00:45:16,140 Because you keep saying that I have damage. Damage, damage, damage. 961 00:45:16,220 --> 00:45:19,890 You know what? I wish you showed half the anger toward Dr. Bauer 962 00:45:19,980 --> 00:45:21,520 that you show toward me! 963 00:45:21,600 --> 00:45:24,600 - I know. Well-- - I didn't do anything to you! 964 00:45:26,060 --> 00:45:27,560 You can be mean to me all you want. 965 00:45:27,640 --> 00:45:29,220 But you know what? Do me a favor. 966 00:45:29,310 --> 00:45:31,220 If you could just show me a little courtesy 967 00:45:31,310 --> 00:45:33,390 and get a little bit angry every once in a while 968 00:45:33,470 --> 00:45:35,310 about the guys who actually took you down. 969 00:45:35,390 --> 00:45:37,770 - That's true. - 'Cause it wasn't us! 970 00:45:37,850 --> 00:45:40,390 I just-- I don't care. I've had it. 971 00:45:40,470 --> 00:45:43,220 I don't want to talk about any of this anymore. 972 00:45:43,310 --> 00:45:45,640 - Well, we have to. - I don't want to. 973 00:45:47,310 --> 00:45:49,980 Wherever you want to put me is fine. 974 00:45:50,060 --> 00:45:52,390 Don't leave it up to me because God knows, 975 00:45:52,470 --> 00:45:56,020 do I know anything in my head? No. No, no. 976 00:45:56,100 --> 00:45:59,390 "Your brain, your brain is off. Your foot is off. 977 00:45:59,470 --> 00:46:02,560 Oh, my God! How can you take care of yourself?!" 978 00:46:02,640 --> 00:46:05,560 How do you know that I can't take care of myself 979 00:46:05,640 --> 00:46:07,470 unless I actually do it? 980 00:46:07,560 --> 00:46:10,770 And if I fall, or if I fail at it, 981 00:46:10,850 --> 00:46:14,020 then so be it. It's my life. 982 00:46:14,100 --> 00:46:16,270 I wish I hadn't lived. 983 00:46:16,350 --> 00:46:20,850 I should've just died. It would have been much better. 984 00:46:20,930 --> 00:46:23,180 - It would have been so much easier. - I know. 985 00:46:23,270 --> 00:46:27,730 "Oh, too bad. She died at 71." Oh, God. 986 00:46:27,810 --> 00:46:31,930 Steve: I cannot believe I yelled at my mother. 987 00:46:32,020 --> 00:46:34,350 I'm starting to lose it. 988 00:46:34,430 --> 00:46:37,220 We need Mom's day in court to happen. Now. 989 00:46:37,310 --> 00:46:39,890 But our lawyer hasn't even filed the lawsuit yet. 990 00:46:39,980 --> 00:46:42,560 We can't even smell our trial at this point. 991 00:46:44,060 --> 00:46:47,140 And while we wait, Mom goes broke. 992 00:46:47,220 --> 00:46:51,060 Literally paying for the injuries inflicted upon her, 993 00:46:51,140 --> 00:46:54,100 Mom's 50-year life savings is gone in less than three. 994 00:46:54,180 --> 00:46:56,770 Her excellent credit? Obliterated. 995 00:46:56,850 --> 00:46:59,730 So now she's on Medicaid and Medicare. 996 00:46:59,810 --> 00:47:01,640 Turns out the management at the facility 997 00:47:01,730 --> 00:47:03,430 where Mom just spent her life savings at 998 00:47:03,520 --> 00:47:05,310 doesn't seem to like people on Medicaid. 999 00:47:05,390 --> 00:47:07,180 So they try to move Mom into a single room 1000 00:47:07,270 --> 00:47:09,270 with another Medicaid patient, 1001 00:47:09,350 --> 00:47:11,850 a 99-year-old blind woman named Mary. 1002 00:47:11,930 --> 00:47:15,470 Or we can pay the $700 private room fee, 1003 00:47:15,560 --> 00:47:17,430 actions the lawyer we were forced to hire 1004 00:47:17,520 --> 00:47:20,180 says may be contrary to federal Medicaid law, 1005 00:47:20,270 --> 00:47:23,560 as we simultaneously try to protect Mom's home, 1006 00:47:23,640 --> 00:47:25,770 because the only way we can afford to care for Mom at home 1007 00:47:25,850 --> 00:47:27,350 is to sell Mom's home! 1008 00:47:27,430 --> 00:47:29,180 But then there's no home! 1009 00:47:29,270 --> 00:47:30,890 And because I get Mom's mail, 1010 00:47:30,980 --> 00:47:33,270 the State of California thinks Mom lives in California 1011 00:47:33,350 --> 00:47:35,600 and demands Mom start paying California taxes. 1012 00:47:35,680 --> 00:47:37,890 So now I gotta prove Mom lives in Wisconsin, 1013 00:47:37,980 --> 00:47:41,350 which is not so easy when even Wisconsin thinks she lives in California. 1014 00:47:41,430 --> 00:47:44,520 And without even trying, I'm having to deal with an endless nightmare 1015 00:47:44,600 --> 00:47:47,100 of insurance shenanigans, financial skullduggery, 1016 00:47:47,180 --> 00:47:48,890 bureaucratic bullshit. 1017 00:47:48,980 --> 00:47:50,680 And because everyone at her facility 1018 00:47:50,770 --> 00:47:52,220 is so much older than she is, 1019 00:47:52,310 --> 00:47:54,020 Mom is refusing to leave her room 1020 00:47:54,100 --> 00:47:55,850 because every time she makes friends with someone, 1021 00:47:55,930 --> 00:47:57,430 they die. 1022 00:47:57,520 --> 00:47:59,930 We are drowning in a tsunami of shit. 1023 00:48:00,020 --> 00:48:01,730 I really need help. 1024 00:48:01,810 --> 00:48:03,850 So I call my Uncle Ted. 1025 00:48:03,930 --> 00:48:05,310 ( phone ringing ) 1026 00:48:05,390 --> 00:48:06,730 Ted: Hi, Steve, how are you? 1027 00:48:06,810 --> 00:48:08,270 I'm OK, how are you? 1028 00:48:08,350 --> 00:48:09,600 You want to talk to Cindy? 1029 00:48:09,680 --> 00:48:11,680 No, I actually am calling to talk to you. 1030 00:48:11,770 --> 00:48:13,930 - Oh. - I want to pick your brain 1031 00:48:14,020 --> 00:48:18,600 on all things medical, financial, legal, et cetera. 1032 00:48:18,680 --> 00:48:20,810 I'm more than happy to come to Dayton to-- 1033 00:48:20,890 --> 00:48:24,310 I don't think that's necessary, Steve. Really. 1034 00:48:24,390 --> 00:48:27,350 How would it not be productive for her brother and her son 1035 00:48:27,430 --> 00:48:30,770 to sit down and talk about her issues? 1036 00:48:33,100 --> 00:48:36,310 ( sighs ) I just can't answer that question. 1037 00:48:39,680 --> 00:48:42,680 You know, Ted, you were the one that told me to become power of attorney, 1038 00:48:42,770 --> 00:48:44,890 you were the one that told me to get the medical records, 1039 00:48:44,980 --> 00:48:47,520 you were the one that told me to get an attorney. 1040 00:48:47,600 --> 00:48:49,350 I did exactly what you asked me to do. 1041 00:48:49,430 --> 00:48:52,890 Oh, I didn't ask you to do it, it was a suggestion. 1042 00:48:54,390 --> 00:48:56,140 No, you said, "We will sue." 1043 00:48:56,220 --> 00:48:58,310 You told me to get the medical records that day 1044 00:48:58,390 --> 00:49:00,680 because you told me that they would change the records, 1045 00:49:00,770 --> 00:49:02,310 and you told me to get an attorney. 1046 00:49:02,390 --> 00:49:04,520 Yeah. I would tell you the same thing today. 1047 00:49:04,600 --> 00:49:06,600 I haven't changed my opinion on that at all. 1048 00:49:06,680 --> 00:49:08,810 So you don't-- you don't want-- 1049 00:49:08,890 --> 00:49:10,730 Do you not want to help Mom? 1050 00:49:10,810 --> 00:49:14,060 Ted, I'm begging you to help my Mom. 1051 00:49:14,140 --> 00:49:17,270 Everybody who loves Mom has been involved in this thing. 1052 00:49:17,350 --> 00:49:18,980 Everybody. 1053 00:49:19,060 --> 00:49:21,470 OK, that's your opinion. That's your opinion. 1054 00:49:21,560 --> 00:49:23,470 So you are certainly entitled to it. 1055 00:49:23,560 --> 00:49:26,560 So this is not about Mom, this is about me. 1056 00:49:26,640 --> 00:49:29,270 I'm just telling you I'm not interested 1057 00:49:29,350 --> 00:49:31,430 in talking to you about this. 1058 00:49:31,520 --> 00:49:32,770 That's what I'm telling you. 1059 00:49:32,850 --> 00:49:34,640 I'm gonna go, Steve. 1060 00:49:34,730 --> 00:49:35,730 ( phone hangs up ) 1061 00:49:40,430 --> 00:49:41,930 ( phone beeping ) 1062 00:49:44,980 --> 00:49:46,980 ( sighs ) 1063 00:49:47,060 --> 00:49:48,980 Steve: Sounds like Ted's out. 1064 00:49:49,060 --> 00:49:51,980 Which is unfortunate, because we need Ted for the lawsuit. 1065 00:49:52,060 --> 00:49:53,770 The hardest thing through this whole thing is, 1066 00:49:53,850 --> 00:49:56,310 I'm up for the fight with the insurance companies 1067 00:49:56,390 --> 00:49:58,810 and the corporations and the doctors and the hospitals. 1068 00:49:58,890 --> 00:50:01,100 I'm up for that fight. 1069 00:50:01,180 --> 00:50:04,640 If we have a team, I feel like we can do anything. 1070 00:50:04,730 --> 00:50:08,060 But the team... it's shaky. 1071 00:50:08,140 --> 00:50:12,220 Margo: Steve's had betrayals at every turn 1072 00:50:12,310 --> 00:50:14,680 from people he trusted. 1073 00:50:14,770 --> 00:50:17,730 People who he counted on. 1074 00:50:25,350 --> 00:50:27,730 ( music playing ) 1075 00:50:27,810 --> 00:50:28,890 Test. 1076 00:50:30,060 --> 00:50:31,600 - Test. - Steve: For Christmas, 1077 00:50:31,680 --> 00:50:33,640 my sister got me a spy pen. 1078 00:50:33,730 --> 00:50:35,350 If I could just get some truth, 1079 00:50:35,430 --> 00:50:38,180 it could really help my mom and our case. 1080 00:50:38,270 --> 00:50:40,180 I'm gonna start where it all began-- 1081 00:50:40,270 --> 00:50:43,020 with Mom's surgeon, Dr. Mark Bauer. 1082 00:50:43,100 --> 00:50:46,430 ( line out ringing ) 1083 00:50:46,520 --> 00:50:47,980 Dr. Bauer: Hello? 1084 00:50:48,060 --> 00:50:49,810 Hello, is this Dr. Bauer? 1085 00:50:49,890 --> 00:50:51,060 Yes. 1086 00:50:51,140 --> 00:50:52,430 Hey, this is Steve Burrows. 1087 00:50:52,520 --> 00:50:54,350 Yes, hi. Been a long time. 1088 00:50:54,430 --> 00:50:57,270 - How are you? - I'm fine, thanks. 1089 00:50:57,350 --> 00:50:58,980 I'm comin' to town next week, 1090 00:50:59,060 --> 00:51:03,020 and I was wondering if maybe I could borrow you 1091 00:51:03,100 --> 00:51:04,930 for 10, 15 minutes. 1092 00:51:05,020 --> 00:51:06,430 Next week will be really busy. 1093 00:51:06,520 --> 00:51:08,180 I've got an awful lot of surgeries, 1094 00:51:08,270 --> 00:51:09,560 - but I can find some time. - Great. 1095 00:51:09,640 --> 00:51:10,890 I'll call you on Monday when I land. 1096 00:51:10,980 --> 00:51:11,890 Talk to you then. 1097 00:51:11,980 --> 00:51:13,430 ( phone hangs up ) 1098 00:51:15,140 --> 00:51:17,310 Charge up the spy pen. 1099 00:51:19,470 --> 00:51:21,220 Spy pen, check. 1100 00:51:21,310 --> 00:51:22,730 Steve: It soon becomes very clear 1101 00:51:22,810 --> 00:51:25,220 I have no idea what the hell I'm doing. 1102 00:51:25,310 --> 00:51:26,890 Does it look like I'm pointing up, 1103 00:51:27,020 --> 00:51:28,850 or is it pretty straight right now? 1104 00:51:28,930 --> 00:51:30,470 - Beth: It's pretty-- - Dan-O: Straight. 1105 00:51:30,560 --> 00:51:34,600 Testing, testing, one, two, three. 1106 00:51:34,680 --> 00:51:37,310 Steve: Dan-O's shooting me, I am shooting Dan-O. 1107 00:51:37,390 --> 00:51:39,470 Dan-O: Test. Test. 1108 00:51:39,560 --> 00:51:42,730 Steve: If I can pull this off, at least this time, 1109 00:51:42,810 --> 00:51:45,270 I'll have Dr. Bauer on the record. 1110 00:51:45,350 --> 00:51:48,560 Hey, Dr. Bauer. How ya doin'? 1111 00:51:48,640 --> 00:51:50,930 Hey, you like Chinese? Have a seat. 1112 00:51:51,020 --> 00:51:52,930 Yeah. I wanna-- Yeah, it's good to see you. 1113 00:51:53,020 --> 00:51:56,600 Oh. How ya doin', Dr. Bauer? You like that? 1114 00:51:56,680 --> 00:51:58,430 ( Margo speaking ) 1115 00:51:58,520 --> 00:52:01,470 - ( laughs ) I just cut myself. - ( laughs ) 1116 00:52:06,770 --> 00:52:10,890 Steve: I'm meeting Dr. Bauer at 3:30 at Panera Bread. 1117 00:52:10,980 --> 00:52:12,470 It's 3:00. 1118 00:52:12,560 --> 00:52:13,930 If the person that he's operating on now 1119 00:52:14,020 --> 00:52:15,520 had the same kind of luck my mom had, 1120 00:52:15,600 --> 00:52:18,060 we're not gonna see Bauer for another seven hours. 1121 00:52:18,140 --> 00:52:19,980 I hope he doesn't cancel. 1122 00:52:20,060 --> 00:52:21,350 Steve: My cameraman Dan-O 1123 00:52:21,430 --> 00:52:23,180 will sit in a booth across the way 1124 00:52:23,270 --> 00:52:24,270 with his own spy pen. 1125 00:52:24,350 --> 00:52:27,180 Dr. Bauer was a good guy. 1126 00:52:27,270 --> 00:52:29,730 We were friendly. We were pals. 1127 00:52:29,810 --> 00:52:30,980 I know he cared about Mom. 1128 00:52:31,060 --> 00:52:32,430 I think he still cares about Mom. 1129 00:52:32,520 --> 00:52:34,020 I like this spot right here. 1130 00:52:34,100 --> 00:52:35,680 I'm sure he has a lawyer, and I'm sure 1131 00:52:35,770 --> 00:52:37,560 his insurance company's told him to shut up. 1132 00:52:37,640 --> 00:52:39,270 - Dan-O: Let's get outta here. - Go. 1133 00:52:52,600 --> 00:52:54,310 ( chatter ) 1134 00:52:55,770 --> 00:52:58,350 Steve: Hey. How's it goin'? 1135 00:52:58,430 --> 00:53:00,350 ( Dr. Bauer speaking ) 1136 00:53:00,430 --> 00:53:02,810 Steve: So yeah, uh, I appreciate you meeting with me. 1137 00:53:02,890 --> 00:53:05,640 I don't know. Do you know what's going on with Mom? Have you-- 1138 00:53:08,060 --> 00:53:10,520 'Cause people ask me, I mean, constantly, 1139 00:53:10,600 --> 00:53:12,140 what happened to her? 1140 00:53:12,220 --> 00:53:14,310 And the only thing I can come up with 1141 00:53:14,390 --> 00:53:16,350 based on just the records, 1142 00:53:16,430 --> 00:53:19,140 is that she didn't get enough blood. 1143 00:53:22,680 --> 00:53:23,600 Yeah. 1144 00:53:28,680 --> 00:53:31,270 ( sighs ) 1145 00:53:36,310 --> 00:53:37,270 Right. 1146 00:53:53,520 --> 00:53:56,520 Did she just fall through the cracks? I mean, could it have been-- 1147 00:54:03,810 --> 00:54:04,810 eICU. 1148 00:54:05,890 --> 00:54:06,810 Yeah. 1149 00:54:13,810 --> 00:54:17,560 If you were in my shoes right now, what would be-- 1150 00:54:22,520 --> 00:54:23,470 Yeah. 1151 00:54:30,930 --> 00:54:32,730 Do you think they'll ever tell the truth? 1152 00:54:50,850 --> 00:54:53,770 Dr. Makary: We have a Bermuda Triangle of 1153 00:54:53,850 --> 00:54:55,810 a lack of accountability in health care. 1154 00:54:55,890 --> 00:54:59,770 There'll be a fair amount of harm 1155 00:54:59,850 --> 00:55:03,810 with very little recourse in the system to address it. 1156 00:55:03,890 --> 00:55:09,310 Steve: What happens to medical care if there's no accountability? 1157 00:55:09,390 --> 00:55:13,980 I'm sure Dr. Bauer didn't want the end result of my mom's hip surgery to be brain damage. 1158 00:55:14,060 --> 00:55:16,980 But if it happens and he knows that, whether it's his fault or not, 1159 00:55:17,060 --> 00:55:20,270 there's no repercussions to his record or he's not gonna pay a cent, 1160 00:55:20,350 --> 00:55:23,220 why would anything change? 1161 00:55:24,730 --> 00:55:26,640 I take Dr. Bauer's advice 1162 00:55:26,730 --> 00:55:29,100 and go talk to Aurora. 1163 00:55:29,180 --> 00:55:31,220 Steve: Hospital administration, is that down...? 1164 00:55:31,310 --> 00:55:32,980 - To the left. - Thank you. 1165 00:55:33,060 --> 00:55:35,140 Steve: Specifically the head of risk management. 1166 00:55:35,220 --> 00:55:37,350 Steve: How are you? 1167 00:55:37,430 --> 00:55:38,980 A woman who hasn't gotten back to me in a year and a half. 1168 00:55:39,060 --> 00:55:42,680 Steve: I appreciate your time. 1169 00:55:42,770 --> 00:55:44,100 ( Steve continues ) 1170 00:56:13,270 --> 00:56:14,310 Right. 1171 00:56:48,220 --> 00:56:50,390 I have, yeah. Yeah. 1172 00:56:50,470 --> 00:56:53,310 Now Aurora is pointing the finger at Dr. Bauer. 1173 00:57:04,730 --> 00:57:06,180 And now they're blaming Mom! 1174 00:57:29,520 --> 00:57:32,980 ♪ Celebrate good times, come on! ♪ 1175 00:57:33,980 --> 00:57:35,390 ♪ Celebrate ♪ 1176 00:57:37,100 --> 00:57:40,770 ♪ Celebrate good times, come on! ♪ 1177 00:57:40,850 --> 00:57:42,430 - ( answering machine beeps ) - ( Beth speaking ) 1178 00:57:48,060 --> 00:57:49,520 Beth: Who am I? 1179 00:57:49,600 --> 00:57:51,180 Nurse: She's got allergies? 1180 00:57:51,270 --> 00:57:52,730 Uh, um-- 1181 00:57:52,810 --> 00:57:55,810 Mom sat in a hospital all day with stroke-like symptoms. 1182 00:57:55,890 --> 00:57:57,930 Beth: This is your daughter, and your son is on the phone. 1183 00:57:58,020 --> 00:57:59,520 - Steve is on the phone. - OK. 1184 00:57:59,600 --> 00:58:03,470 - Steve, say hi to Mom. - I'm here, Mom. 1185 00:58:03,560 --> 00:58:06,270 - Can you hear me? - Uh-huh. 1186 00:58:06,350 --> 00:58:09,020 - Can you hear me? - Yeah. Thanks. 1187 00:58:09,100 --> 00:58:12,810 Steve: Aurora St. Luke's did not treat her for a stroke 1188 00:58:12,890 --> 00:58:14,930 while she's having a stroke. 1189 00:58:15,020 --> 00:58:18,730 Beth: She's just having such a hard time responding to anything. 1190 00:58:18,810 --> 00:58:20,430 They treated her for a seizure. 1191 00:58:20,520 --> 00:58:22,930 My sister sent video of my mom during this stroke 1192 00:58:23,020 --> 00:58:24,430 to my Aunt Cindy. 1193 00:58:24,520 --> 00:58:26,180 She said it's definitely a stroke. 1194 00:58:26,270 --> 00:58:27,680 I call the hospital, 1195 00:58:27,770 --> 00:58:29,140 the hospital says they'll do further testing. 1196 00:58:29,220 --> 00:58:30,680 This morning they call me and they tell me 1197 00:58:30,770 --> 00:58:31,770 my mom had a stroke. 1198 00:58:31,850 --> 00:58:34,770 With permanent brain damage. 1199 00:58:37,180 --> 00:58:42,430 ( speaking nonsensically ) 1200 00:58:50,980 --> 00:58:52,520 Attendant: Hi! 1201 00:58:52,600 --> 00:58:54,930 It's nice to have you back! 1202 00:58:55,020 --> 00:58:58,520 Well, I-- I'm-- I'm-- 1203 00:58:58,600 --> 00:59:00,350 I-- 1204 00:59:00,430 --> 00:59:03,020 Steve: One of Mom's therapists taught me a little secret. 1205 00:59:03,100 --> 00:59:05,560 She might not ever talk well again, 1206 00:59:05,640 --> 00:59:07,980 but Mom might be able to sing. 1207 00:59:08,060 --> 00:59:13,020 Steve and Judie: ♪ Doe a deer, a female deer ♪ 1208 00:59:13,100 --> 00:59:16,930 ♪ Ray, a drop of golden sun ♪ 1209 00:59:17,020 --> 00:59:21,020 ♪ Me, my name I call myself ♪ 1210 00:59:21,100 --> 00:59:23,390 ( Steve speaking ) 1211 00:59:23,470 --> 00:59:25,560 Judie: Oh, yeah! Ha ha ha! 1212 00:59:25,640 --> 00:59:27,350 ( laughs ) 1213 00:59:27,430 --> 00:59:29,310 Steve: Complications from her brain injuries 1214 00:59:29,390 --> 00:59:30,890 have put Mom in the hospital 1215 00:59:30,980 --> 00:59:33,220 18 times in the last two years, 1216 00:59:33,310 --> 00:59:37,020 forcing the doctors to insert a catheter in Mom's stomach. 1217 00:59:37,100 --> 00:59:38,390 Steve: What's the problem here? 1218 00:59:38,470 --> 00:59:40,060 She'll now be strapped to a bag 1219 00:59:40,140 --> 00:59:41,810 - for the rest of her life, - Hold this up. 1220 00:59:41,890 --> 00:59:43,890 with tubes that need to be changed every month. 1221 00:59:43,980 --> 00:59:47,770 We'll need your arms out just a little bit. 1222 00:59:47,850 --> 00:59:50,810 - Orderly: Whoa. He-ey! - Steve: What's happenin' today, Margo? 1223 00:59:50,890 --> 00:59:53,770 Uh, catheter came out. 1224 00:59:53,850 --> 00:59:55,350 Totally out. 1225 01:00:09,060 --> 01:00:11,390 Dr. Makary: In health care, the same mistakes 1226 01:00:11,470 --> 01:00:12,810 happen again and again 1227 01:00:12,890 --> 01:00:15,680 as if we're not learning from our mistakes. 1228 01:00:21,770 --> 01:00:23,270 Dr. Makary: We throw good money after bad, 1229 01:00:23,350 --> 01:00:25,680 and the premiums go up every year, 1230 01:00:25,770 --> 01:00:28,770 and the problems in health care continue to be endemic. 1231 01:00:28,850 --> 01:00:33,600 In aviation, when there's a crash, 1232 01:00:33,680 --> 01:00:36,100 things will change for the pilot community 1233 01:00:36,180 --> 01:00:38,060 with a through investigation 1234 01:00:38,140 --> 01:00:40,770 so that it doesn't happen again. 1235 01:00:40,850 --> 01:00:43,350 But in health care, there has not been 1236 01:00:43,430 --> 01:00:46,600 this systemic, planned protocol 1237 01:00:46,680 --> 01:00:49,310 for us to formally learn from each other. 1238 01:00:49,390 --> 01:00:51,470 - First name? - Steve: Meanwhile, 1239 01:00:51,560 --> 01:00:54,930 despite me being Mom's activated power of attorney since her coma, 1240 01:00:55,020 --> 01:00:56,810 not to mention her being incompetent, 1241 01:00:56,890 --> 01:01:00,730 Aurora keeps having Mom sign her informed consents... 1242 01:01:00,810 --> 01:01:03,520 over and over... 1243 01:01:03,600 --> 01:01:04,890 and over. 1244 01:01:04,980 --> 01:01:06,680 Steve: You didn't know my mother, 1245 01:01:06,770 --> 01:01:08,640 you didn't know her name, you don't know my name, 1246 01:01:08,730 --> 01:01:11,270 you don't know that I was an activated power of attorney. 1247 01:01:44,850 --> 01:01:46,060 Steve: All right, thank you very much. 1248 01:01:46,140 --> 01:01:47,980 - OK. Bye-bye. - Bye-bye. 1249 01:01:48,060 --> 01:01:51,520 ( phone beeps, thuds ) 1250 01:01:51,600 --> 01:01:54,470 Steve: I never did hear back from Aurora. 1251 01:01:54,560 --> 01:01:56,560 It's been over four years and counting. 1252 01:01:56,640 --> 01:02:00,810 Mom continues to sign her informed consents. 1253 01:02:06,470 --> 01:02:09,310 - Steve: 740? - Margo: 740. 1254 01:02:09,390 --> 01:02:11,180 - This is it. - Good. 1255 01:02:11,270 --> 01:02:13,430 Steve: After four long years since her coma, 1256 01:02:13,520 --> 01:02:16,390 depositions in my mom's case finally begin. 1257 01:02:16,470 --> 01:02:17,560 - All right. - Let's do it. 1258 01:02:17,640 --> 01:02:19,890 But first, a recap. 1259 01:02:19,980 --> 01:02:23,640 After walking on a failing hip surgery for months, 1260 01:02:23,730 --> 01:02:25,350 Mom falls again. 1261 01:02:25,430 --> 01:02:28,270 She lay in pain for eight days with no plan of care. 1262 01:02:28,350 --> 01:02:31,140 She's suddenly rushed into hip surgery 1263 01:02:31,220 --> 01:02:32,810 while still on Plavix. 1264 01:02:32,890 --> 01:02:34,980 Mom loses over half the blood in her body. 1265 01:02:35,060 --> 01:02:37,640 She's taken to the ICU, where her blood pressures 1266 01:02:37,730 --> 01:02:39,680 drop repeatedly to deadly levels. 1267 01:02:39,770 --> 01:02:42,640 The bedside ICU doctors were replaced that night 1268 01:02:42,730 --> 01:02:44,270 by a camera doctor, 1269 01:02:44,350 --> 01:02:47,020 but we were told that camera may never have been on. 1270 01:02:47,100 --> 01:02:50,430 The Aurora ICU didn't even notice Mom was in a coma 1271 01:02:50,520 --> 01:02:53,980 and had suffered irreversible brain damage. 1272 01:02:56,730 --> 01:02:58,060 Steve: How you feel right now, Mama? 1273 01:03:00,350 --> 01:03:02,600 Oh-- Oh-- OK. OK. 1274 01:03:02,680 --> 01:03:05,680 Steve: The size of this table is just-- 1275 01:03:05,770 --> 01:03:07,180 I wonder how long it is. 1276 01:03:08,850 --> 01:03:11,310 After 30 depositions over two years, 1277 01:03:11,390 --> 01:03:14,640 and $100,000 cash in legal costs, 1278 01:03:14,730 --> 01:03:17,560 no one denies the brain damage happened, 1279 01:03:17,640 --> 01:03:19,810 but no one takes any responsibility for it. 1280 01:03:19,890 --> 01:03:23,430 Weirdly, Mom's not the only one now with memory loss. 1281 01:03:23,520 --> 01:03:25,850 I don't remember. 1282 01:03:25,930 --> 01:03:29,140 I don't remember all the specifics. 1283 01:03:29,220 --> 01:03:30,640 Generally, I do. 1284 01:03:30,730 --> 01:03:34,140 My-- My recall, I-- I cannot recall the phone call. 1285 01:03:34,220 --> 01:03:36,770 I don't recall when this incident occurred. 1286 01:03:36,850 --> 01:03:40,270 I don't have a precise... 1287 01:03:40,350 --> 01:03:41,560 recall of that. 1288 01:03:41,640 --> 01:03:45,640 I don't recall today, no. I don't. 1289 01:03:45,730 --> 01:03:47,930 Steve: And then the blame game. 1290 01:03:48,020 --> 01:03:50,930 I had no idea at the time 1291 01:03:51,020 --> 01:03:54,470 how low hematocrit was, or hemoglobin. 1292 01:03:54,560 --> 01:03:56,140 I had no idea. I wasn't-- 1293 01:03:56,220 --> 01:03:58,140 I figured he's takin' care of that. 1294 01:03:58,220 --> 01:04:00,020 He responded to me 1295 01:04:00,100 --> 01:04:04,520 that he had operated on patients on Plavix before. 1296 01:04:04,600 --> 01:04:07,520 That he was aware of this, 1297 01:04:07,600 --> 01:04:10,310 and that he felt it was safe to proceed. 1298 01:04:10,390 --> 01:04:12,520 I would only go forward if he cleared her. 1299 01:04:12,600 --> 01:04:15,220 It is not my role to tell Dr. Bauer 1300 01:04:15,310 --> 01:04:16,890 whether or not he should do the surgery. 1301 01:04:16,980 --> 01:04:19,560 If he had not cleared her, I would not have gone forward. 1302 01:04:19,640 --> 01:04:21,270 I wouldn't have done the surgery. 1303 01:04:21,350 --> 01:04:23,100 Steve: I've been trying for six years 1304 01:04:23,180 --> 01:04:25,310 to find out who was in charge of my mom's care. 1305 01:04:25,390 --> 01:04:29,520 Who was in charge of Mrs. Burrows' care 1306 01:04:29,600 --> 01:04:31,850 in the ICU that night? 1307 01:04:31,930 --> 01:04:33,520 Steve: But it seems like when we get close 1308 01:04:33,600 --> 01:04:34,980 to finding out what really happened... 1309 01:04:35,060 --> 01:04:36,520 Man 1: Object. That's repetitious 1310 01:04:36,600 --> 01:04:38,850 and it's got a legal conclusion. 1311 01:04:38,930 --> 01:04:41,560 Let me just object to this point... 1312 01:04:41,640 --> 01:04:44,560 ( repeated objections, all worded the same ) 1313 01:04:44,640 --> 01:04:46,890 I think in all fairness to Emily, 1314 01:04:46,980 --> 01:04:49,560 I think we have to stop the deposition. 1315 01:04:49,640 --> 01:04:53,310 Steve: In his deposition, Dr. Bauer testified 1316 01:04:53,390 --> 01:04:56,890 that he operated right away because Mom had been in so much pain, 1317 01:04:56,980 --> 01:05:01,100 would need the surgery anyway, and had been cleared by her primary care doctor. 1318 01:05:01,180 --> 01:05:04,430 She had been on Plavix for her first hip surgery with no problems, 1319 01:05:04,520 --> 01:05:08,310 and if patients like her lose blood, he said it's replaced with transfusions. 1320 01:05:08,390 --> 01:05:11,770 He also said that her bleeding could have resulted from the length of the surgery 1321 01:05:11,850 --> 01:05:14,310 and bone injuries from her failing hip. 1322 01:05:14,390 --> 01:05:18,730 End: Can you tell me what your memory is 1323 01:05:18,810 --> 01:05:20,390 of Judith Burrows, 1324 01:05:20,470 --> 01:05:23,520 as a patient and as a human being? 1325 01:05:23,600 --> 01:05:24,890 ( clears throat ) 1326 01:05:24,980 --> 01:05:27,770 I actually looked forward to her visits. 1327 01:05:27,850 --> 01:05:32,890 She was fun. She would come in her Turkish dancing outfit. 1328 01:05:32,980 --> 01:05:34,770 She'd come in with her friend Nora. 1329 01:05:34,850 --> 01:05:37,180 She'd come in all-- and she was a wonderful person. 1330 01:05:37,270 --> 01:05:39,270 ( voice breaking ) I really enjoyed taking care of her. 1331 01:05:39,350 --> 01:05:43,520 ( clears throat ) She became someone in our office 1332 01:05:43,600 --> 01:05:45,270 that people looked forward to seeing. 1333 01:05:45,350 --> 01:05:47,890 End: Can you tell me what you told 1334 01:05:47,980 --> 01:05:50,560 Mrs. Burrows' family members 1335 01:05:50,640 --> 01:05:54,730 about how she ended up in this state? 1336 01:05:54,810 --> 01:05:57,430 Steve and I had several conversations. 1337 01:05:57,520 --> 01:06:00,770 But I don't think I ever came to the conclusion 1338 01:06:00,850 --> 01:06:04,810 that any one singular event or one person 1339 01:06:04,890 --> 01:06:06,390 was responsible for the outcome. 1340 01:06:06,470 --> 01:06:07,730 ( Dr. Bauer speaking ) 1341 01:06:17,850 --> 01:06:20,140 But I never told anyone in that family 1342 01:06:20,220 --> 01:06:22,980 that one person or one set of doctors 1343 01:06:23,060 --> 01:06:25,560 was ultimately responsible for the outcome. 1344 01:06:33,520 --> 01:06:36,220 Steve: The only person with Mom in the intensive care unit 1345 01:06:36,310 --> 01:06:38,730 that night was Emily, the nurse. 1346 01:06:38,810 --> 01:06:43,680 In her deposition, Emily testified that she reported Mom's clinical status 1347 01:06:43,770 --> 01:06:46,470 to the eICU several times throughout that first night 1348 01:06:46,560 --> 01:06:49,350 and received treatment orders, which she followed. 1349 01:06:49,430 --> 01:06:53,020 Her notes show Mom's blood pressures fell below 50. 1350 01:06:53,100 --> 01:06:56,560 But five days later, Emily told my Aunt Cindy and I 1351 01:06:56,640 --> 01:06:59,020 the blood pressures never went below 90. 1352 01:06:59,100 --> 01:07:01,060 Two hours after that conversation, 1353 01:07:01,140 --> 01:07:02,850 Emily went into the system 1354 01:07:02,930 --> 01:07:05,060 and according to Aurora's own records, 1355 01:07:05,140 --> 01:07:06,890 changed those records. 1356 01:07:06,980 --> 01:07:09,100 We don't know exactly what she changed, 1357 01:07:09,180 --> 01:07:12,270 but we do know Emily went in at least three times 1358 01:07:12,350 --> 01:07:14,140 and modified at least six things. 1359 01:07:14,220 --> 01:07:15,600 ( computer sounds ) 1360 01:07:18,220 --> 01:07:20,350 End: Do you know why you modified it? 1361 01:07:20,430 --> 01:07:23,180 - No. - Do you know when you modified it? 1362 01:07:23,270 --> 01:07:24,850 No. 1363 01:07:24,930 --> 01:07:27,560 Do you know if there's any way to figure out 1364 01:07:27,640 --> 01:07:29,600 when you modified it? 1365 01:07:29,680 --> 01:07:31,060 No. 1366 01:07:31,140 --> 01:07:32,600 - You don't know? - No. 1367 01:07:32,680 --> 01:07:34,390 Steve: And when Aurora finally had 1368 01:07:34,470 --> 01:07:37,350 an actual ICU doctor show up in the ICU, 1369 01:07:37,430 --> 01:07:39,100 it was Dr. Darmstadter, 1370 01:07:39,180 --> 01:07:41,060 a physician who didn't seem to realize 1371 01:07:41,140 --> 01:07:44,020 just how much trouble my unresponsive mom was in 1372 01:07:44,100 --> 01:07:46,730 for two days, let alone notice the fact 1373 01:07:46,810 --> 01:07:48,640 she had fallen into a coma. 1374 01:07:48,730 --> 01:07:50,810 End: Do you have any note 1375 01:07:50,890 --> 01:07:55,020 that indicates her level of awareness? 1376 01:07:55,100 --> 01:07:57,140 Could you define "awareness"? 1377 01:07:57,220 --> 01:08:00,270 End: Were you able to communicate at all 1378 01:08:00,350 --> 01:08:03,180 with Mrs. Burrows on the 19th? 1379 01:08:06,140 --> 01:08:07,470 No. 1380 01:08:07,560 --> 01:08:11,060 Was that something that concerned you? 1381 01:08:13,680 --> 01:08:14,890 ( sighs ) 1382 01:08:35,680 --> 01:08:37,020 No. 1383 01:08:39,810 --> 01:08:41,560 ( camera clicking ) 1384 01:08:44,020 --> 01:08:46,390 Steve: The defense takes our family depositions as well. 1385 01:08:46,470 --> 01:08:48,100 - Woman: Raise your right hand, please. - Yes. 1386 01:08:48,180 --> 01:08:49,770 Do you solemnly swear to tell the truth, 1387 01:08:49,850 --> 01:08:51,220 the whole truth, and nothing but the truth, 1388 01:08:51,310 --> 01:08:52,560 - so help you God? - I do. 1389 01:08:52,640 --> 01:08:54,100 Steve: Things go great for us, 1390 01:08:54,180 --> 01:08:56,770 until my Uncle Ted's deposition, 1391 01:08:56,850 --> 01:09:02,310 where suddenly Ted appears to change his story, repeatedly. 1392 01:09:02,390 --> 01:09:05,730 About knowing Mom was on Plavix, 1393 01:09:05,810 --> 01:09:09,350 and about knowing Mom was going to have surgery. 1394 01:09:09,430 --> 01:09:12,470 One statement is particularly devastating. 1395 01:09:12,560 --> 01:09:14,560 Steve: You told me to get the medical records 1396 01:09:14,640 --> 01:09:16,560 because they would change the records, 1397 01:09:16,640 --> 01:09:18,350 and you told me to get an attorney. 1398 01:09:18,430 --> 01:09:20,100 Ted: I would tell you the same thing today. 1399 01:09:20,180 --> 01:09:22,560 I haven't changed my opinion on that at all. 1400 01:09:22,640 --> 01:09:24,640 Steve: Because my uncle, a doctor, 1401 01:09:24,730 --> 01:09:26,810 is no longer credible as a witness, 1402 01:09:26,890 --> 01:09:30,520 Mike End drops Ted from the lawsuit he initiated. 1403 01:09:31,930 --> 01:09:34,930 We decide as a family to not tell Mom. 1404 01:09:40,180 --> 01:09:43,100 Aurora says their electronic ICU 1405 01:09:43,180 --> 01:09:45,520 offers an unprecedented level of care 1406 01:09:45,600 --> 01:09:47,680 for Aurora's sickest patients. 1407 01:09:47,770 --> 01:09:50,770 But it does not replace the physicians at the bedside. 1408 01:09:50,850 --> 01:09:53,850 But as my mom found out the hard way, 1409 01:09:53,930 --> 01:09:56,770 there may not even be a physician at the bedside-- 1410 01:09:56,850 --> 01:09:59,180 a fact Aurora never told us. 1411 01:09:59,270 --> 01:10:03,680 End: Was there a doctor in the ICU that night? 1412 01:10:03,770 --> 01:10:06,020 I don't recall seeing one. 1413 01:10:06,100 --> 01:10:07,390 Nurse Emily: The physician, 1414 01:10:07,470 --> 01:10:11,020 whether it be Dr. Bauer or Dr. Lillie, 1415 01:10:11,100 --> 01:10:13,560 they're the ones that make that call 1416 01:10:13,640 --> 01:10:18,310 whether that patient needs an intensive care physician. 1417 01:10:18,390 --> 01:10:22,020 It's up to the nurse or perhaps a doctor 1418 01:10:22,100 --> 01:10:24,930 to make a decision who to call, under what circumstances. 1419 01:10:25,020 --> 01:10:27,850 It was my best assessment at that time 1420 01:10:27,930 --> 01:10:32,430 that care was being transferred to Emily the ICU nurse. 1421 01:10:32,520 --> 01:10:34,680 Steve: In fact, 1422 01:10:34,770 --> 01:10:37,310 the only doctor who had anything to do with my mom that night 1423 01:10:37,390 --> 01:10:39,470 was the one out by the airport. 1424 01:10:39,560 --> 01:10:41,390 End: Do you know whether 1425 01:10:41,470 --> 01:10:43,310 a physician was working 1426 01:10:43,390 --> 01:10:47,520 in the ICU at West Allis Hospital that night? 1427 01:10:47,600 --> 01:10:49,220 I would not know that. 1428 01:10:49,310 --> 01:10:52,730 Who is the doctor in charge of that patient's care? 1429 01:10:52,810 --> 01:10:54,730 - I-- I don't know. - Man: Objection. 1430 01:10:54,810 --> 01:10:57,600 Steve: So the camera doctor that replaced the bedside doctor 1431 01:10:57,680 --> 01:10:59,890 doesn't even know she replaced the bedside doctor, 1432 01:10:59,980 --> 01:11:03,770 the same bedside doctor Aurora said their system doesn't replace. 1433 01:11:03,850 --> 01:11:06,730 End: Your role as the eICU doctor 1434 01:11:06,810 --> 01:11:11,270 was to provide the best care that you could. 1435 01:11:11,350 --> 01:11:14,180 I disagree. I'm not the person providing the care. 1436 01:11:14,270 --> 01:11:17,730 Do you have any estimate as to how many patients 1437 01:11:17,810 --> 01:11:20,930 you were providing care to that night? 1438 01:11:21,020 --> 01:11:24,100 It could be anywhere from 125 to 150, 1439 01:11:24,180 --> 01:11:25,850 is my best guesstimate. 1440 01:11:25,930 --> 01:11:31,060 The average daily census was somewhere around 160. 1441 01:11:31,140 --> 01:11:33,980 Steve: That's one eICU doctor 1442 01:11:34,060 --> 01:11:37,020 covering multiple bedside ICU doctors 1443 01:11:37,100 --> 01:11:38,640 who may or may not be there, 1444 01:11:38,730 --> 01:11:41,560 while also covering 160 critical care patients 1445 01:11:41,640 --> 01:11:43,560 at 18 Aurora ICUs. 1446 01:11:43,640 --> 01:11:45,980 At least the camera's on, right? 1447 01:11:46,060 --> 01:11:48,140 No, it's not on all the time. 1448 01:11:48,220 --> 01:11:50,730 End: Is the camera usually on? 1449 01:11:50,810 --> 01:11:52,430 No, the camera's usually off. 1450 01:11:52,520 --> 01:11:54,730 Steve: Holy crap, the cameras aren't on? 1451 01:11:54,810 --> 01:11:56,270 Are there rules for this? 1452 01:11:56,350 --> 01:11:58,470 Dr. Scoon: The ICU does not have 1453 01:11:58,560 --> 01:12:01,520 a formal written policy about eICU. 1454 01:12:01,600 --> 01:12:06,060 I don't think we had felt a need for a policy. 1455 01:12:06,140 --> 01:12:08,350 Steve: Forget who's in charge of Mom's care-- 1456 01:12:08,430 --> 01:12:10,680 who's in charge of health care? 1457 01:12:10,770 --> 01:12:12,680 End: Is there a benefit 1458 01:12:12,770 --> 01:12:15,350 for a patient to have 1459 01:12:15,430 --> 01:12:17,350 a doctor present 1460 01:12:17,430 --> 01:12:21,100 to see and evaluate the patient 1461 01:12:21,180 --> 01:12:24,680 versus a doctor not present? 1462 01:12:24,770 --> 01:12:26,680 And I'm talking about Mrs. Burrows. 1463 01:12:26,770 --> 01:12:28,930 Man: I'm gonna object. That's overbroad 1464 01:12:29,020 --> 01:12:32,220 and vague as to circumstances. 1465 01:12:32,310 --> 01:12:33,520 ( End speaking ) 1466 01:12:33,600 --> 01:12:36,020 - ( chuckles ) No. - You don't? 1467 01:12:36,100 --> 01:12:37,770 No. 1468 01:12:39,770 --> 01:12:41,560 Dr. Makary: If there's the general attitude 1469 01:12:41,640 --> 01:12:45,270 that "I did my job, and that's just somebody else's role 1470 01:12:45,350 --> 01:12:46,850 to fix this part," 1471 01:12:46,930 --> 01:12:49,180 that's when the care is very dangerous. 1472 01:12:49,270 --> 01:12:53,220 And that's the problem with corporate medicine. 1473 01:12:53,310 --> 01:12:55,520 Medicine needs to be personal. 1474 01:12:55,600 --> 01:12:58,100 The problem needs to be addressed 1475 01:12:58,180 --> 01:13:00,100 with a whole new approach 1476 01:13:00,180 --> 01:13:02,470 designing safe systems in hospitals 1477 01:13:02,560 --> 01:13:04,390 and making the care patient-centered 1478 01:13:04,470 --> 01:13:06,680 so it's not focused on the business model 1479 01:13:06,770 --> 01:13:08,640 but instead on the patient outcome. 1480 01:13:08,730 --> 01:13:10,640 Steve: I wonder about the hospitals 1481 01:13:10,730 --> 01:13:12,730 that are actually getting this right. 1482 01:13:12,810 --> 01:13:16,470 Steve: On our way to the Mayo Clinic. 1483 01:13:21,560 --> 01:13:23,310 Charles M. Harper, Jr., M.D.: This is the reading room. 1484 01:13:23,390 --> 01:13:26,390 But originally, they had all of their staff meetings here 1485 01:13:26,470 --> 01:13:29,770 of the physicians and scientists of Mayo Clinic. 1486 01:13:29,850 --> 01:13:31,890 Look at out there. That's the whole campus? 1487 01:13:31,980 --> 01:13:35,470 Dr. Harper: Yeah, that's looking over downtown Rochester. 1488 01:13:35,560 --> 01:13:37,560 These are the founding fathers. 1489 01:13:37,640 --> 01:13:40,390 Their father was the initial surgeon. 1490 01:13:40,470 --> 01:13:43,680 Here at Mayo, we focus on clinical integration, 1491 01:13:43,770 --> 01:13:46,430 so it's integrating everything around the needs of the patient. 1492 01:13:46,520 --> 01:13:48,730 That's our number one goal, 1493 01:13:48,810 --> 01:13:50,930 is to "Do no harm." 1494 01:13:51,020 --> 01:13:53,310 The essence, really, of everything is teamwork. 1495 01:13:53,390 --> 01:13:56,140 If a team is looking at an issue, 1496 01:13:56,220 --> 01:13:58,890 you're much less likely to make mistakes. 1497 01:13:58,980 --> 01:14:00,930 We also make sure 1498 01:14:01,020 --> 01:14:03,310 that the primary person who's responsible 1499 01:14:03,390 --> 01:14:05,560 for that patient's journey through Mayo 1500 01:14:05,640 --> 01:14:08,930 has the time they need to spend with that patient 1501 01:14:09,020 --> 01:14:11,640 to really understand what the key issues are. 1502 01:14:11,730 --> 01:14:14,430 And if someone has an adverse event, 1503 01:14:14,520 --> 01:14:16,930 we are open and transparent with patients 1504 01:14:17,020 --> 01:14:19,180 and their families about what happened. 1505 01:14:19,270 --> 01:14:23,980 Accountability and transparency are very important-- sharing information. 1506 01:14:24,060 --> 01:14:28,310 You have to understand all of the factors that went into that event. 1507 01:14:28,390 --> 01:14:30,470 Maybe we're making 'em work too many hours. 1508 01:14:30,560 --> 01:14:32,730 Maybe we're not giving 'em the systems to support it. 1509 01:14:32,810 --> 01:14:36,730 We can't keep going down the path that we've gone before. 1510 01:14:36,810 --> 01:14:39,140 We have change the conversation, 1511 01:14:39,220 --> 01:14:40,890 shift the focus, 1512 01:14:40,980 --> 01:14:44,060 from financial incentives to quality outcomes 1513 01:14:44,140 --> 01:14:48,060 for the benefit of an individual patient. 1514 01:14:48,140 --> 01:14:50,350 - Doctor. - Great to see you. 1515 01:14:58,680 --> 01:15:00,810 Steve: Remember those anesthesia records? 1516 01:15:00,890 --> 01:15:05,020 Dr. Bauer and Dr. Hoyme both kept telling me the very same thing. 1517 01:15:05,100 --> 01:15:06,680 "The records are impeccable." 1518 01:15:06,770 --> 01:15:07,930 ( Dr. Bauer speaking ) 1519 01:15:09,560 --> 01:15:12,350 Remember what my Uncle Ted said all those years ago? 1520 01:15:12,430 --> 01:15:14,640 Ted: All the blood pressures and the pulses, 1521 01:15:14,730 --> 01:15:17,270 I think that was falsified. 1522 01:15:18,470 --> 01:15:19,850 Steve: The fact is, 1523 01:15:19,930 --> 01:15:22,020 after a year of expert witness depositions, 1524 01:15:22,100 --> 01:15:25,020 multiple esteemed doctors on both sides agree 1525 01:15:25,100 --> 01:15:27,890 on two things: Mom suffered massive loss of blood 1526 01:15:27,980 --> 01:15:30,350 in a routine hip surgery, and because of that, 1527 01:15:30,430 --> 01:15:33,310 Dr. Hoyme's handwritten anesthesia notes 1528 01:15:33,390 --> 01:15:35,640 make no medical sense. 1529 01:15:35,730 --> 01:15:37,310 Dr. Kenneth Candido: The blood pressure and heart rate 1530 01:15:37,390 --> 01:15:39,850 appear to be extremely inconsistent with somebody 1531 01:15:39,930 --> 01:15:41,270 in severe hemorrhagic shock. 1532 01:15:41,350 --> 01:15:43,220 It'd be surprising that a person would lose 1533 01:15:43,310 --> 01:15:45,060 that much blood and yet have 1534 01:15:45,140 --> 01:15:47,890 their vital signs remain stable to the degree 1535 01:15:47,980 --> 01:15:50,060 that's evident on Dr. Hoyme's records. 1536 01:15:50,140 --> 01:15:53,470 I did not see the normal physiologic variations 1537 01:15:53,560 --> 01:15:55,220 that you typically see 1538 01:15:55,310 --> 01:15:56,890 when somebody has a blood count that low. 1539 01:15:56,980 --> 01:15:59,100 Mrs. Burrows exited the operating room 1540 01:15:59,180 --> 01:16:03,220 at approximately 2200 hours on the 18th of November 1541 01:16:03,310 --> 01:16:07,770 with artificially elevated vital signs. 1542 01:16:07,850 --> 01:16:10,100 Steve: Our expert, Dr. Leo, 1543 01:16:10,180 --> 01:16:11,270 in his testimony, 1544 01:16:11,350 --> 01:16:12,850 agreed that the totality 1545 01:16:12,930 --> 01:16:14,680 of Dr. Hoyme's anesthesia record 1546 01:16:14,770 --> 01:16:18,310 is a virtual medical impossibility. 1547 01:16:20,020 --> 01:16:22,930 Then there's the mysterious Dr. Smullens. 1548 01:16:23,020 --> 01:16:25,810 Why did two ICU doctors tell our family 1549 01:16:25,890 --> 01:16:29,640 that a Dr. Smullens was Mom's anesthesiologist? 1550 01:16:29,730 --> 01:16:31,770 And why did Dr. Bauer tell us 1551 01:16:31,850 --> 01:16:34,640 Dr. Smullens was in surgery helping Dr. Hoyme 1552 01:16:34,730 --> 01:16:36,390 for two to three hours? 1553 01:16:36,470 --> 01:16:39,390 End: Do you know a Dr. Smullens? 1554 01:16:39,470 --> 01:16:42,390 - Yes, I do. - Who's he? 1555 01:16:42,470 --> 01:16:46,430 He is an anesthesiologist in my, uh, group 1556 01:16:46,520 --> 01:16:48,020 at West Allis Memorial. 1557 01:16:49,680 --> 01:16:51,640 Was he ever in the operating room 1558 01:16:51,730 --> 01:16:54,810 for this operation for Mrs. Burrows? 1559 01:16:54,890 --> 01:16:56,640 Not that I recall. 1560 01:16:56,730 --> 01:16:59,600 Steve: Why does Bauer remember that a second anesthesiologist 1561 01:16:59,680 --> 01:17:01,890 was in surgery for two to three hours, 1562 01:17:01,980 --> 01:17:04,520 but Hoyme doesn't recall? 1563 01:17:04,600 --> 01:17:07,060 And why do Hoyme's impeccable records 1564 01:17:07,140 --> 01:17:10,730 seem to reflect a virtual medical impossibility? 1565 01:17:10,810 --> 01:17:14,520 - ( chatter ) - Man: How'd it go? 1566 01:17:14,600 --> 01:17:16,020 Steve: Aurora and the defense 1567 01:17:16,100 --> 01:17:18,430 try to have Mom's case completely thrown out. 1568 01:17:18,520 --> 01:17:21,180 We have some surprising news. 1569 01:17:21,270 --> 01:17:22,520 It's good. 1570 01:17:22,600 --> 01:17:24,810 But the judge rules in our favor, 1571 01:17:24,890 --> 01:17:27,640 and a trial is set for June 2016, 1572 01:17:27,730 --> 01:17:31,270 seven years after Mom's hip surgery coma. 1573 01:17:34,560 --> 01:17:38,270 ( Judie speaking indistinctly over phone ) 1574 01:17:38,350 --> 01:17:41,520 I will see you-- I might see you next week, Mama. 1575 01:17:47,680 --> 01:17:49,350 Steve: That's your judge. 1576 01:17:49,430 --> 01:17:51,890 - ( Judie laughing ) - Your judge... 1577 01:17:53,930 --> 01:17:56,810 ...your attorney, and your son. 1578 01:17:56,890 --> 01:17:59,270 ( laughing ) 1579 01:17:59,350 --> 01:18:02,140 And you're finally gonna get your day in court. What do you think about that? 1580 01:18:02,220 --> 01:18:04,520 I think it's-- it's-- 1581 01:18:04,600 --> 01:18:07,810 r-r-r-r-remarkable. 1582 01:18:07,890 --> 01:18:10,350 Steve: In a cruel twist, 1583 01:18:10,430 --> 01:18:14,020 Mom falls while trying to pick out what to wear for her big day, 1584 01:18:14,100 --> 01:18:17,600 leaving her unable to attend her own trial. 1585 01:18:19,430 --> 01:18:22,810 Steve: My mom falls down and breaks her arm, 1586 01:18:22,890 --> 01:18:25,470 breaks her pelvis, and can't talk. 1587 01:18:25,560 --> 01:18:27,310 She can't talk! 1588 01:18:27,390 --> 01:18:30,310 And then, in the lead-up to our trial, 1589 01:18:30,390 --> 01:18:32,520 our attorney decides the best way to win 1590 01:18:32,600 --> 01:18:35,060 is to focus on the hospital, 1591 01:18:35,140 --> 01:18:36,980 the ICU nurse, 1592 01:18:37,060 --> 01:18:39,270 and the eICU camera doctor, 1593 01:18:39,350 --> 01:18:42,310 dropping from the case the surgeon, 1594 01:18:42,390 --> 01:18:44,980 the anesthesiologist, 1595 01:18:45,060 --> 01:18:48,520 the primary, and the intensivist. 1596 01:18:48,600 --> 01:18:51,060 Steve: Seven years we've waited for this. 1597 01:18:51,140 --> 01:18:54,350 Fighting for my mother. She's lost everything. 1598 01:18:54,430 --> 01:18:58,060 Steve: If you could have whatever you wanted, what would it be? 1599 01:18:58,140 --> 01:19:00,640 My little house in Greendale. 1600 01:19:00,730 --> 01:19:02,390 We're gonna work toward that, aren't we? 1601 01:19:02,470 --> 01:19:04,180 And my car. 1602 01:19:04,270 --> 01:19:07,310 That's what we're working toward, right now. 1603 01:19:11,430 --> 01:19:14,390 Steve: As plaintiffs, we have the burden of proof 1604 01:19:14,470 --> 01:19:16,390 to show that Aurora and their doctors 1605 01:19:16,470 --> 01:19:19,270 were a cause of Mom's brain damage 1606 01:19:19,350 --> 01:19:20,730 and that they were negligent. 1607 01:19:20,810 --> 01:19:22,220 Even without Bauer and Hoyme, 1608 01:19:22,310 --> 01:19:24,600 the deadly low blood pressures, 1609 01:19:24,680 --> 01:19:26,270 no doctor in the ICU, 1610 01:19:26,350 --> 01:19:27,980 and the eICU cameras not being on 1611 01:19:28,060 --> 01:19:30,270 should do the trick. 1612 01:19:30,350 --> 01:19:33,640 Mike End opens up with a video of Mom's pain and suffering 1613 01:19:33,730 --> 01:19:35,600 over the years that leaves the jury, 1614 01:19:35,680 --> 01:19:38,180 and even the court reporter, in tears. 1615 01:19:38,270 --> 01:19:41,850 It also helps that Dr. Leo hits a home run on the stand, 1616 01:19:41,930 --> 01:19:46,730 concluding Mom's permanent brain damage happened in the doctorless ICU. 1617 01:19:46,810 --> 01:19:50,850 The defense spends a great deal of time arguing 1618 01:19:50,930 --> 01:19:52,560 that Mom's pre-existing conditions 1619 01:19:52,640 --> 01:19:54,770 were largely responsible for her brain damage 1620 01:19:54,850 --> 01:19:58,850 while simultaneously saying her brain damage wasn't that bad. 1621 01:19:58,930 --> 01:20:01,140 Then they went on to tell the jury 1622 01:20:01,220 --> 01:20:04,390 about this wonderful new cutting-edge eICU system 1623 01:20:04,470 --> 01:20:06,810 for the intensive care unit. 1624 01:20:06,890 --> 01:20:08,810 They even shot a video just for the trial 1625 01:20:08,890 --> 01:20:11,810 starring Mom's actual camera doctor out by the airport 1626 01:20:11,890 --> 01:20:13,600 to show how truly great it is. 1627 01:20:13,680 --> 01:20:15,730 So now we're gonna do an actual demonstration... 1628 01:20:15,810 --> 01:20:18,180 Steve: In a particularly nice touch of absurdity, 1629 01:20:18,270 --> 01:20:20,220 the part of my mom in a coma 1630 01:20:20,310 --> 01:20:23,180 is played by one of the trial attorneys for Aurora. 1631 01:20:23,270 --> 01:20:24,850 ( fanfare plays ) 1632 01:20:24,930 --> 01:20:26,890 Dr. Ellis: I can maneuver the camera 1633 01:20:26,980 --> 01:20:29,060 in various directions. 1634 01:20:29,140 --> 01:20:31,930 It's somewhat limited... 1635 01:20:32,020 --> 01:20:35,270 and the camera, actually I can go right into 1636 01:20:35,350 --> 01:20:40,060 and look at I.V. poles, I can look at oxygen. 1637 01:20:40,140 --> 01:20:42,770 I'm gonna camera into the I.V. that we have-- 1638 01:20:42,850 --> 01:20:44,980 sorry-- the bedside here. 1639 01:20:45,060 --> 01:20:46,810 ( mouse clicking ) 1640 01:20:46,890 --> 01:20:49,430 You would tell me what it is that you're concerned about 1641 01:20:49,520 --> 01:20:51,020 with your patient... 1642 01:20:51,100 --> 01:20:53,850 ( mouse clicking ) 1643 01:20:53,930 --> 01:20:55,810 ...and I could go right in 1644 01:20:55,890 --> 01:20:58,850 and I could look at things such as 1645 01:20:58,930 --> 01:21:01,220 the bag of fluids... 1646 01:21:03,100 --> 01:21:04,180 ...are hanging. 1647 01:21:04,270 --> 01:21:05,390 As you can see, 1648 01:21:05,470 --> 01:21:09,020 it's a bit... slow. 1649 01:21:09,100 --> 01:21:11,770 Steve: Ironically, no one at trial could testify 1650 01:21:11,850 --> 01:21:15,680 that Mom's camera was ever even on. 1651 01:21:15,770 --> 01:21:17,680 ( whistling ) 1652 01:21:17,770 --> 01:21:20,350 Things really seem to be going our way, 1653 01:21:20,430 --> 01:21:21,640 when suddenly, 1654 01:21:21,730 --> 01:21:23,640 after arguing Mom was in a coma 1655 01:21:23,730 --> 01:21:25,730 when she came out of Dr. Bauer's surgery, 1656 01:21:25,810 --> 01:21:28,310 lead counsel for Aurora tries bringing up 1657 01:21:28,390 --> 01:21:30,680 Dr. Hoyme's questionable anesthesia record 1658 01:21:30,770 --> 01:21:33,560 to get Nurse Emily and Aurora Health Care off the hook. 1659 01:21:33,640 --> 01:21:37,470 He tries using some of our most damning evidence against us. 1660 01:21:37,560 --> 01:21:40,220 After telling the jury to leave the courtroom, 1661 01:21:40,310 --> 01:21:43,430 even the judge admits, given the amount of blood loss, 1662 01:21:43,520 --> 01:21:46,390 we're all questioning what the blood pressures were during surgery. 1663 01:21:46,470 --> 01:21:49,520 But because Bauer and Hoyme are no longer defendants, 1664 01:21:49,600 --> 01:21:52,430 the judge states it would now be like chasing a wild goose 1665 01:21:52,520 --> 01:21:56,180 for a jury to find out if there's a mysterious second anesthesiologist, 1666 01:21:56,270 --> 01:21:57,930 why would Hoyme lie about it, 1667 01:21:58,020 --> 01:21:59,890 why did Bauer cry on video, 1668 01:21:59,980 --> 01:22:03,020 and if they're responsible, why aren't they here? 1669 01:22:05,850 --> 01:22:08,890 As the case goes to the jury, it strikes me that, 1670 01:22:08,980 --> 01:22:12,850 because of a total lack of accountability on anyone's part, 1671 01:22:12,930 --> 01:22:15,350 Mom has become a cottage industry 1672 01:22:15,430 --> 01:22:18,430 for over 150 doctors, seven hospitals, 1673 01:22:18,520 --> 01:22:21,270 50 health care providers, 10 law firms, 1674 01:22:21,350 --> 01:22:22,930 to name a few. 1675 01:22:23,020 --> 01:22:26,680 Judie Burrows and her injuries are big business. 1676 01:22:26,770 --> 01:22:29,470 And when Mom lost every penny she ever saved, 1677 01:22:29,560 --> 01:22:31,270 Medicaid kicked in, 1678 01:22:31,350 --> 01:22:33,810 meaning that every single American taxpayer 1679 01:22:33,890 --> 01:22:36,930 is now paying for the unaccountability of what happened to my mom, 1680 01:22:37,020 --> 01:22:38,930 not to mention all the other patients 1681 01:22:39,020 --> 01:22:40,600 who have been injured or died 1682 01:22:40,680 --> 01:22:43,310 due to the third-leading cause of death in America. 1683 01:22:43,390 --> 01:22:47,560 Something has to change so this doesn't keep happening to people. 1684 01:22:47,640 --> 01:22:50,060 Maybe it starts with this jury. 1685 01:23:01,560 --> 01:23:04,560 ( quiet chatter ) 1686 01:23:06,520 --> 01:23:08,390 Steve: The jury has a verdict. 1687 01:23:08,470 --> 01:23:12,430 Uh, the problem is, they've actually only been deliberating 1688 01:23:12,520 --> 01:23:15,100 for an hour and 22 minutes. 1689 01:23:48,430 --> 01:23:51,430 ( music playing ) 1690 01:24:36,560 --> 01:24:39,430 Steve: Years ago, one of the defense attorneys 1691 01:24:39,520 --> 01:24:40,890 asked me under oath 1692 01:24:40,980 --> 01:24:43,520 if I had any intention of using the litigation 1693 01:24:43,600 --> 01:24:46,890 of what happened to my mom to make a documentary. 1694 01:24:46,980 --> 01:24:49,220 I told them there was no film at that time, 1695 01:24:49,310 --> 01:24:51,640 but that it was a possibility. 1696 01:24:51,730 --> 01:24:54,680 There was an objection by all parties. 1697 01:24:56,430 --> 01:24:59,350 Clearly, they didn't want these proceedings exposed. 1698 01:24:59,430 --> 01:25:00,810 They did want me to let them know 1699 01:25:00,890 --> 01:25:03,270 if we ever decided to make a movie. 1700 01:25:03,350 --> 01:25:06,730 Aurora and company, just lettin' ya know-- 1701 01:25:06,810 --> 01:25:08,390 we made a movie. 1702 01:25:11,680 --> 01:25:14,350 ( music playing ) 1703 01:26:01,140 --> 01:26:03,730 ( music playing )