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WILSON:
Previously on "The Practice"
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Has anybody seen Tara?
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She's with a client.
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She'll be out all day.
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00:00:05,171 --> 00:00:06,773
I need a typist today, Alan.
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I'm sure Jimmy can type.
What'd you say?
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YOUNG: Tara works for the firm,
Alan, not just you.
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Forgive me, but since
I just brought in $750,000
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00:00:15,582 --> 00:00:17,150
on top of the $2 million
before that,
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00:00:17,183 --> 00:00:19,385
on top of the $3 million
before that.
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The guy is monopolizing
associates
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00:00:21,588 --> 00:00:23,223
like he's a partner,
which he isn't.
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I'm sick of this.
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And I'm also sick of you
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making excuses for the guy.
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You bugged a hotel room
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to get illicit private pictures.
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You then used those pictures
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to commit extortion.
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You have stepped way
outside the law.
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I gave you my word
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that I'd sooner take myself down
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than this firm,
I meant that.
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YOUNG: Well, you're taking
yourself down
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and you're taking us
down with you.
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You're a very interesting woman,
aren't you?
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If you'd like to go
to a nice restaurant,
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share a lovely bottle of wine,
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but you don't want that.
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You want to do it
on a conference table,
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because it's debased.
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Get some help,
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and then ask me out
to dinner some time.
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I don't get it, Ellenor.
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I see nothing redeeming
about that man.
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You have to know him, Jimmy.
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Listen to me, Alan.
I'm tired of listening to you.
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You're not that interesting.
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I'll keep completely
out of your way.
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You stay the hell
out of mine.
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He's gone.
Eugene.
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YOUNG:
When this trial is over,
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that man is gone.
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WOMAN: Analyzing therapy.
MARY: (moaning) Oh.
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Oh, God, help me!
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Just hang in there.
Oh, it hurts!
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You're doing great, honey.
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You're doing great, baby.
It hurts.
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It hurts.
TOM: You're doing great.
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Where's the doctor?
He's in with another patient.
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He'll be right here--
MARY: Please get him!
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How're we doing?
MARY: Oh, God.
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WOMAN: Still dilated
to six centimeters.
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Fetal heart rate?
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WOMAN: Stable in the 140s.
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MARY: Please do something!
ROBERT: Mary--
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let's retest for proteins.
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Mary, you've only
been here an hour.
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It takes time.
It hurts.
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ROBERT: Well, I can start you
on epidural,
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but I think it's
a little late for that.
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Wait. The fetal heart
rate's dropped.
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(Mary screams)
TOM: Oh, my God!
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WOMAN: Looks like an abruption!
ROBERT: Get her on her side!
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We need two (indistinct) now!
TOM: Mary!
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WOMAN: She's crashing--
Get her to the OR, now!
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Mary? Mary, I need you--
WOMAN: Okay. We're disconnected.
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ROBERT: to stay with me.
Stay with me now.
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Are we ready? Let's move.
WOMAN: That's it. Let's roll!
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ROBERT: Mary, I need you
to stay with me.
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WOMAN: A little (indistinct)--
Stay with me, Mary.
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Stay with me now.
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Stay with me.
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WOMAN: Come on, honey.
Come on, Mary, hang in there.
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Go, go.
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Let's go.
Move! Move!
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TOM: "Stay with me."
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That's what he said.
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The nurse pushed me
out of the room,
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so I waited in the hallway.
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Praying.
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Can you tell us
what happened next?
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The doctor finally came out.
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He said my daughter was okay,
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but Mary didn't make it.
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She died
on the operating table.
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STRINGER:
Tom, when you first arrived
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at the hospital--
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TOM: She was in severe pain.
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We told them.
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They just put us in a room.
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They didn't do any tests?
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TOM: Yes. Some.
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But they just said
it's labor pains,
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which Mary knew was wrong.
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She kept telling them.
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They just dismissed it.
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SEABURY: Did your wife
see a doctor
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during her pregnancy
or receive any kind
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of prenatal examination?
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TOM: we couldn't afford it.
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I was an unemployed musician
at the time and I--
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SEABURY:
Did you have health insurance?
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No.
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SEABURY: So she never knew
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that she had an abnormal uterus?
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No.
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00:03:13,246 --> 00:03:14,781
And when you arrived
at the hospital,
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you told them that your wife
was in labor?
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Yes.
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SEABURY: And you didn't suspect
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that anything was wrong?
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At the time, I thought
it was just a painful labor.
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Clearly, it was not just that.
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SEABURY: I understand.
Thank you.
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I'm all done.
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Except to say
that we're all so,
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so sorry about what happened.
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May I respond to that?
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(scoffs) The--there's
no question before you, sir.
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TOM: I'd like to respond
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to his statement
that he's sorry.
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I sat through four depositions
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and never once
did this attorney
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show any remorse,
contrition--
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Move to strike.
TOM: --but in front of the jury,
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he's suddenly compassionate.
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ZELDIN: Okay, Mr. Quillen.
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You've made your point.
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You're angry at me.
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Yes, I am.
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SEABURY: I'm informed
that after your wife died,
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you stopped going to church.
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00:04:03,269 --> 00:04:04,805
According to several
of your friends,
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00:04:04,838 --> 00:04:07,140
you're angry at God,
is that fair?
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Maybe.
SEABURY: So you're angry
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00:04:09,643 --> 00:04:10,944
at the doctor,
you're angry at me,
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even angry at God.
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00:04:12,579 --> 00:04:13,714
Given that you never
got your wife
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any prenatal care whatsoever,
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when a simple checkup perhaps
could have saved her life,
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00:04:17,884 --> 00:04:20,954
are you at all angry
with yourself?
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00:04:24,324 --> 00:04:29,229
(music playing)
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This feels uncomfortable.
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LAWYER: Eugene,
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if you're about
to fire somebody,
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you have to meet
with a labor lawyer.
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00:05:16,583 --> 00:05:17,984
It would be corporate negligence
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for you not to do so.
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00:05:19,720 --> 00:05:20,754
Yeah.
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00:05:20,787 --> 00:05:22,322
Even so.
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00:05:22,355 --> 00:05:25,058
LAWYER: Is this an
administrative employee, or--
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YOUNG: No. He's an associate,
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who acts like a partner,
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which is part of the problem.
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What are the grounds?
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Well, where do I start?
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Um, he's unethical,
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insubordinate,
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he sexually harasses,
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he's even committed
criminal acts.
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Problem is
he's also brought in
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a lot of money,
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so he may try to claim
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that he's a de facto partner.
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When you say a lot of money?
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For the last six months,
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more than all the other
lawyers combined.
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You may have a problem.
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00:06:07,207 --> 00:06:10,210
KOBATCH:
During the course of labor,
her uterus ruptured,
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which ultimately
was the cause of death.
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She bled to death.
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Yes.
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FRUTT:
In your opinion, doctor,
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could Dr. Platt have prevented
Mary Quillen's death?
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Could have and should have.
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She was in severe pain,
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she wasn't dilating,
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a c-section was indicated,
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and he failed to perform one.
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This death
was easily preventable.
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SEABURY: The autopsy
showed that Mrs. Quillen
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had an abnormally small uterus,
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which might have
caused it to rupture.
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Correct.
SEABURY: But Dr. Platt
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00:06:38,772 --> 00:06:40,841
had no way
of knowing this, did he?
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Mrs. Quillen never
had a prenatal exam.
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Many women
don't have prenatal exams.
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Doctors still managed
to give them adequate care.
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Your client didn't.
I see.
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Were you in the delivery room
that night, doctor?
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KOBATCH:
No, but your client admits
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the patient was in labor
for an hour,
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he saw her suffering,
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severe upper abdominal pain,
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he knew her contractions
had stopped.
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00:07:02,235 --> 00:07:04,204
He had more than enough
information
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00:07:04,237 --> 00:07:06,039
to do an immediate c-section.
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00:07:06,072 --> 00:07:07,574
And failing to do so--
SEABURY: Have you been paid
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00:07:07,608 --> 00:07:09,910
by the plaintiff
to give your opinion today?
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00:07:11,144 --> 00:07:13,780
My opinion
is not for sale, counsel.
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00:07:13,814 --> 00:07:16,082
It's based on the facts
presented to me.
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00:07:16,116 --> 00:07:17,483
SEABURY: But a lot of those
facts were not available
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to my client
that night in the ER,
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00:07:19,285 --> 00:07:20,320
were they, doctor?
Perhaps not.
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00:07:20,353 --> 00:07:21,421
Even so--
SEABURY: Thank you.
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00:07:21,454 --> 00:07:23,323
And though your opinions
aren't for sale,
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00:07:23,356 --> 00:07:25,125
how much are you being paid
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00:07:25,158 --> 00:07:26,192
for today's court appearance?
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00:07:26,993 --> 00:07:28,394
$3,000.
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00:07:28,428 --> 00:07:30,263
SEABURY: And how many times
have you testified
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00:07:30,296 --> 00:07:32,065
in medical malpractice?
FRUTT: Objection!
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00:07:32,098 --> 00:07:33,433
This is irrelevant.
214
00:07:37,003 --> 00:07:38,104
Your Honor?
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00:07:38,138 --> 00:07:41,074
(music playing)
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00:07:48,414 --> 00:07:49,349
MAN: Grab the door.
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00:07:52,185 --> 00:07:56,056
(indistinct chatter)
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00:07:56,089 --> 00:07:57,323
Now what?
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00:07:57,991 --> 00:07:59,392
I don't know.
220
00:07:59,425 --> 00:08:01,802
If he's okay,
it could just be a delay.
221
00:08:01,835 --> 00:08:04,104
If he's not,
we could get a mistrial.
222
00:08:04,638 --> 00:08:06,406
Which means?
223
00:08:06,439 --> 00:08:08,842
We might have to start
all over again.
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00:08:12,813 --> 00:08:16,316
(sighs) The earliest I could
possibly get out is 7:00.
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00:08:16,349 --> 00:08:19,119
And then probably close--
Where are you going at 7:00?
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00:08:19,953 --> 00:08:20,954
One second.
227
00:08:20,987 --> 00:08:21,788
Should I come?
228
00:08:21,822 --> 00:08:22,989
(whispers) This is personal.
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00:08:23,023 --> 00:08:24,090
Man trouble?
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00:08:24,124 --> 00:08:25,458
Do you mind?
SHORE: Tara,
231
00:08:25,491 --> 00:08:28,228
if it is a man,
I could be of tremendous help.
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00:08:28,261 --> 00:08:30,496
In a prior life,
I was Cyrano de Bergerac.
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00:08:30,531 --> 00:08:32,298
Well, I'll keep that in mind.
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00:08:32,799 --> 00:08:34,300
To whom am I talking?
235
00:08:34,901 --> 00:08:36,102
This is Tara's uncle
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00:08:36,136 --> 00:08:37,571
from the more disturbing branch
of the family.
237
00:08:37,604 --> 00:08:39,005
Stop it!
Have you two been kissing?
238
00:08:39,039 --> 00:08:39,906
Alan!
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00:08:43,309 --> 00:08:45,045
Go to the corner and sit.
240
00:08:45,445 --> 00:08:46,647
I'm just trying to help.
241
00:08:53,520 --> 00:08:56,189
The advice is,
"Don't tell Ellenor".
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00:08:56,222 --> 00:08:58,559
BERLUTI: She's a partner.
YOUNG: She's also his friend,
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00:08:58,592 --> 00:08:59,960
and she'll tell him.
244
00:08:59,993 --> 00:09:02,402
Now, if he takes clients
or files, then what?
245
00:09:04,137 --> 00:09:05,972
(sighs)
246
00:09:06,006 --> 00:09:08,842
So how does this go down?
247
00:09:08,875 --> 00:09:10,611
YOUNG: Well, as we fire him,
248
00:09:10,644 --> 00:09:12,112
we send out prewritten letters
249
00:09:12,145 --> 00:09:14,114
by registered mail
to all our clients,
250
00:09:14,147 --> 00:09:15,315
explaining the split,
251
00:09:15,348 --> 00:09:16,817
inviting them to stay with us.
252
00:09:16,850 --> 00:09:19,886
We also have a locksmith
on standby to change the locks,
253
00:09:19,920 --> 00:09:22,255
we change the passwords
on the computers,
254
00:09:22,288 --> 00:09:24,691
all of this has to happen
as we fire him,
255
00:09:24,725 --> 00:09:27,293
not a minute before,
because if we jump the gun,
256
00:09:27,327 --> 00:09:28,862
he can paint it as bad faith.
257
00:09:28,895 --> 00:09:31,264
As opposed to being
on the up-and-up.
258
00:09:32,833 --> 00:09:34,034
It's a dirty business, Jimmy.
259
00:09:34,067 --> 00:09:35,736
But according to labor counsel,
260
00:09:35,769 --> 00:09:37,638
it's the only way we can do it.
261
00:09:41,107 --> 00:09:42,509
I need two votes.
262
00:09:43,944 --> 00:09:45,278
You with me?
263
00:09:54,487 --> 00:09:55,455
(door opens)
264
00:09:59,192 --> 00:10:01,602
Well, good news
is Judge Zeldin is okay.
265
00:10:01,635 --> 00:10:02,936
The bad news is...
266
00:10:02,969 --> 00:10:04,605
doctors have prescribed
bed rest,
267
00:10:04,638 --> 00:10:05,806
and he can't continue.
268
00:10:06,372 --> 00:10:08,408
So...
I'll take over.
269
00:10:08,441 --> 00:10:10,076
His clerk has brought me
up to speed.
270
00:10:12,513 --> 00:10:14,180
Do you think that's wise?
271
00:10:14,214 --> 00:10:15,248
MANTLE: Why isn't it?
272
00:10:15,281 --> 00:10:16,950
You've expended
two court days already,
273
00:10:16,983 --> 00:10:19,586
it certainly make sense
to keep going if possible.
274
00:10:19,620 --> 00:10:21,087
Nobody's been prejudiced.
275
00:10:23,990 --> 00:10:25,258
FRUTT:
We have a little problem.
276
00:10:26,326 --> 00:10:27,493
(door closes)
277
00:10:28,995 --> 00:10:30,230
You remember we told you
278
00:10:30,263 --> 00:10:32,833
about the Massachusetts
Charitable Immunity Act,
279
00:10:32,866 --> 00:10:35,669
limiting damages
in medical malpractice cases?
280
00:10:35,702 --> 00:10:38,171
You said judges
sometimes strike it.
281
00:10:38,204 --> 00:10:40,306
FRUTT: I did.
And Judge Zeldin
282
00:10:40,340 --> 00:10:41,842
was one such judge.
283
00:10:41,875 --> 00:10:43,109
Judge Mantle is not.
284
00:10:43,143 --> 00:10:44,878
He seems to honor the cap.
285
00:10:45,546 --> 00:10:46,279
So...
286
00:10:47,814 --> 00:10:50,884
The most money we could get here
287
00:10:50,917 --> 00:10:52,953
is now $20,000.
288
00:10:54,721 --> 00:10:56,222
What I think we should do
289
00:10:56,256 --> 00:10:57,958
is try to settle it for that.
290
00:10:57,991 --> 00:10:59,893
No.
Tom--
291
00:10:59,926 --> 00:11:03,369
TOM: I will not settle
my wife's life for $20,000.
292
00:11:03,403 --> 00:11:05,271
I'd rather take
the moral victory
293
00:11:05,305 --> 00:11:06,306
of a big verdict
294
00:11:06,339 --> 00:11:09,042
than walk away for--
295
00:11:09,075 --> 00:11:10,476
FRUTT: Tom,
296
00:11:10,511 --> 00:11:12,513
I cannot in good
conscience expend
297
00:11:12,546 --> 00:11:14,548
thousands of dollars
on expert witnesses,
298
00:11:14,581 --> 00:11:16,149
and expend our time--
299
00:11:16,182 --> 00:11:18,819
I didn't get a doctor
because I'm poor.
300
00:11:18,852 --> 00:11:20,554
Now you're saying
I don't get a lawyer.
301
00:11:20,587 --> 00:11:21,622
FRUTT: That's not fair.
302
00:11:21,655 --> 00:11:24,891
We have put in hundreds
of hours on this case.
303
00:11:24,925 --> 00:11:25,926
TOM: Then why quit now,
304
00:11:25,959 --> 00:11:27,127
in the middle of trial?
305
00:11:27,160 --> 00:11:28,562
FRUTT: Because as I said,
306
00:11:28,595 --> 00:11:31,698
this judge--
TOM: I want a verdict.
307
00:11:31,732 --> 00:11:34,467
I want the jury sending
these people a message.
308
00:11:34,500 --> 00:11:36,937
FRUTT: "These people"
in this case
309
00:11:36,970 --> 00:11:38,772
is an insurance company.
310
00:11:38,805 --> 00:11:40,541
The only message
they're equipped
311
00:11:40,574 --> 00:11:41,742
to receive is numerical,
312
00:11:41,775 --> 00:11:44,511
and they are immune on this.
313
00:11:47,981 --> 00:11:50,283
If you want us
to keep going,
314
00:11:50,316 --> 00:11:51,317
we will.
315
00:11:56,790 --> 00:11:58,825
Why?
STRINGER: Because he hired us,
316
00:11:58,859 --> 00:12:00,300
Eugene, to--
To win a judgment
317
00:12:00,333 --> 00:12:01,635
that now you cannot get.
318
00:12:01,668 --> 00:12:04,104
This judge is fair, and--
YOUNG: Look, she's a partner
319
00:12:04,137 --> 00:12:06,472
billing out at $400 an hour.
You bill out at $250.
320
00:12:06,507 --> 00:12:07,541
This case could take a week.
321
00:12:07,574 --> 00:12:09,275
SHORE: Pay no attention
to him, Jamie.
322
00:12:09,309 --> 00:12:10,310
Good for you.
323
00:12:12,746 --> 00:12:15,849
I feel the mean man
glaring at me.
324
00:12:15,882 --> 00:12:17,784
This doesn't concern you.
325
00:12:17,818 --> 00:12:20,186
SHORE:
Oh, but it does, Eugene.
I can tell her how to win.
326
00:12:20,554 --> 00:12:21,555
How?
327
00:12:21,588 --> 00:12:22,656
SHORE: I know Judge Mantle.
328
00:12:22,689 --> 00:12:24,558
He's a man given
to compassion.
329
00:12:24,591 --> 00:12:25,892
And better yet, politics.
330
00:12:25,926 --> 00:12:27,393
If you shock his conscience,
331
00:12:27,427 --> 00:12:28,829
get some media down there
332
00:12:28,862 --> 00:12:30,564
to shed some light
on that conscience,
333
00:12:30,597 --> 00:12:32,533
out of the goodness
of both heart and career,
334
00:12:32,566 --> 00:12:33,867
he'll probably do
the right thing.
335
00:12:34,901 --> 00:12:36,136
I have a reporter
336
00:12:36,770 --> 00:12:38,772
from WXDE.
337
00:12:40,006 --> 00:12:41,374
She owes me a favor.
338
00:12:41,407 --> 00:12:43,777
It's biblical, but I'm sure
she'd be thrilled
339
00:12:43,810 --> 00:12:46,046
to compromise herself
professionally instead.
340
00:12:46,079 --> 00:12:47,881
Go! Tell your story, Jamie.
341
00:12:47,914 --> 00:12:49,082
The cap is wrong.
342
00:12:49,115 --> 00:12:51,184
The woman died having a baby,
for God's sake.
343
00:12:51,217 --> 00:12:52,586
The man deserves
more than $20,000.
344
00:12:52,619 --> 00:12:53,554
Be an advocate.
345
00:12:53,587 --> 00:12:54,855
Fix the problem.
346
00:12:54,888 --> 00:12:56,322
Go, team, go. Rah!
347
00:13:00,026 --> 00:13:01,502
Tara, Jimmy,
348
00:13:01,535 --> 00:13:02,769
in my office, please.
349
00:13:04,938 --> 00:13:07,173
I feel like coffee
and a croissant, shall we?
350
00:13:14,981 --> 00:13:15,949
(door closes)
351
00:13:20,854 --> 00:13:22,022
(Eugene clears throat)
352
00:13:23,990 --> 00:13:25,559
This is confidential
information.
353
00:13:25,592 --> 00:13:27,260
It is a partner matter.
354
00:13:27,293 --> 00:13:29,229
You are not to share
this information
355
00:13:29,262 --> 00:13:32,032
with anybody
other than Jimmy and me.
356
00:13:32,065 --> 00:13:32,899
Clear?
357
00:13:34,100 --> 00:13:35,201
Okay.
358
00:13:35,235 --> 00:13:37,337
We need to have all
the computer passwords
359
00:13:37,370 --> 00:13:39,172
changed by Thursday noon.
360
00:13:39,205 --> 00:13:42,175
The new password,
which I will give you,
361
00:13:42,208 --> 00:13:43,844
you will not divulge to anyone.
362
00:13:45,078 --> 00:13:46,146
Okay.
363
00:13:46,179 --> 00:13:47,413
YOUNG: You will also get
a letter prepared
364
00:13:47,447 --> 00:13:48,649
by labor counsel,
365
00:13:48,682 --> 00:13:50,784
which letter you are to type
on our stationary,
366
00:13:50,817 --> 00:13:52,719
and prepare to send
by registered mail
367
00:13:52,753 --> 00:13:53,854
to all our clients.
368
00:13:53,887 --> 00:13:56,990
This, too,
by Thursday noon.
369
00:13:58,625 --> 00:13:59,560
Okay.
370
00:14:02,503 --> 00:14:04,170
This is extremely
confidential.
371
00:14:05,772 --> 00:14:08,609
I will trust you
to respect that confidence.
372
00:14:10,744 --> 00:14:11,411
Okay.
373
00:14:14,648 --> 00:14:15,616
That's all.
374
00:14:17,017 --> 00:14:17,884
(door opens)
375
00:14:24,457 --> 00:14:27,761
(sarcastically) Gee, I hope
she doesn't suspect anything.
376
00:14:27,794 --> 00:14:29,429
Well, we can't do it
without her.
377
00:14:33,800 --> 00:14:35,502
MILLER:
We are a charity hospital.
378
00:14:35,536 --> 00:14:37,571
Of course money's a problem.
379
00:14:37,604 --> 00:14:40,306
But it never affects
the quality of our care.
380
00:14:40,340 --> 00:14:41,908
STRINGER:
C-sections are about twice
381
00:14:41,942 --> 00:14:43,944
as expensive
as natural childbirth.
382
00:14:43,977 --> 00:14:44,845
Is that accurate?
383
00:14:44,878 --> 00:14:45,946
Yes, but--
384
00:14:45,979 --> 00:14:47,614
STRINGER: And who pays
the additional costs?
385
00:14:47,648 --> 00:14:49,516
Typically,
the insurance company.
386
00:14:49,550 --> 00:14:51,151
STRINGER: If the patient
has insurance.
387
00:14:51,184 --> 00:14:51,985
What if she doesn't?
388
00:14:52,018 --> 00:14:54,154
Then the hospital would pay.
389
00:14:54,187 --> 00:14:56,623
But that's not why
we encourage natural birth.
390
00:14:56,657 --> 00:14:59,492
It's safer,
the recovery time is shorter,
391
00:14:59,893 --> 00:15:01,502
and frankly,
too many doctors
392
00:15:01,535 --> 00:15:03,504
perform unnecessary c-sections.
393
00:15:03,537 --> 00:15:06,439
But at Saint Theresa's,
women without health insurance
394
00:15:06,472 --> 00:15:09,075
are five times less likely
to have a c-section
395
00:15:09,109 --> 00:15:11,011
than women with insurance, so--
396
00:15:11,044 --> 00:15:13,313
That's true
of most charity hospitals.
397
00:15:13,346 --> 00:15:15,181
STRINGER: That's your excuse?
They all do it?
398
00:15:15,215 --> 00:15:16,850
MILLER:
We are not forcing poor women
399
00:15:16,883 --> 00:15:18,351
to have dangerous births.
400
00:15:18,384 --> 00:15:20,453
And I take offense with you--
STRINGER: How many women able
401
00:15:20,486 --> 00:15:21,922
to pay for a c-section
402
00:15:21,955 --> 00:15:23,489
have ever been refused one?
403
00:15:23,524 --> 00:15:25,659
I'm not certain.
STRINGER: None!
404
00:15:25,692 --> 00:15:28,194
The only women refused
are impoverished.
405
00:15:28,228 --> 00:15:30,030
Poverty has nothing
to do with this.
406
00:15:30,063 --> 00:15:31,565
Poverty is what killed Mary.
407
00:15:31,598 --> 00:15:32,533
That's a lie!
SEABURY: Objection.
408
00:15:32,566 --> 00:15:34,367
Argumentative.
MANTLE: Sustained.
409
00:15:34,400 --> 00:15:36,036
STRINGER:
True or false, doctor,
410
00:15:36,069 --> 00:15:38,071
if Mary Quillen
had the money to pay
411
00:15:38,104 --> 00:15:39,039
for a c-section,
412
00:15:39,072 --> 00:15:40,541
she would still be alive today.
413
00:15:40,574 --> 00:15:41,508
False.
414
00:15:41,542 --> 00:15:43,443
That is false!
415
00:15:45,812 --> 00:15:48,448
SEABURY: Most women want
to give birth naturally,
416
00:15:48,481 --> 00:15:50,751
do they not?
Absolutely.
417
00:15:50,784 --> 00:15:53,386
In fact, the movement
to encourage natural childbirth
418
00:15:53,419 --> 00:15:55,556
is very much
a feminist issue.
419
00:15:55,589 --> 00:15:57,891
SEABURY: Has Saint Theresa's
policy of reducing c-sections
420
00:15:57,924 --> 00:16:00,060
been reviewed
by the State Medical Board?
421
00:16:00,093 --> 00:16:01,802
MILLER: Yes, our policy
has been approved
422
00:16:01,835 --> 00:16:03,469
as safe and appropriate.
423
00:16:03,504 --> 00:16:04,738
Has your hospital
424
00:16:04,771 --> 00:16:06,540
or Dr. Platt ever been
disciplined
425
00:16:06,573 --> 00:16:07,941
by the State Medical Board
426
00:16:07,974 --> 00:16:10,043
for what happened here?
No.
427
00:16:10,076 --> 00:16:13,013
Because as terrible
as this outcome was,
428
00:16:13,046 --> 00:16:15,415
we did nothing wrong.
429
00:16:19,920 --> 00:16:21,655
Did nothing wrong?
430
00:16:21,688 --> 00:16:25,025
How many affluent women
die delivering babies?
431
00:16:25,058 --> 00:16:26,593
Even the ones that do,
432
00:16:26,627 --> 00:16:28,795
at least the hospital tries
to save them.
433
00:16:28,829 --> 00:16:30,496
But, you know,
434
00:16:30,531 --> 00:16:31,665
that's not really the point.
435
00:16:31,698 --> 00:16:32,833
What is?
436
00:16:32,866 --> 00:16:35,368
Doctors and hospitals
make mistakes.
437
00:16:35,401 --> 00:16:38,238
Mistakes happen.
438
00:16:38,271 --> 00:16:41,307
But to shield them
from liability,
439
00:16:41,341 --> 00:16:43,409
I am all for tort reform.
440
00:16:43,944 --> 00:16:45,879
But to put a $20,000 cap
441
00:16:45,912 --> 00:16:48,682
on a wrongful death
is just wrong.
442
00:16:48,715 --> 00:16:51,017
I mean, most states
wouldn't even consider this,
443
00:16:51,051 --> 00:16:53,153
and Massachusetts
shouldn't either.
444
00:16:53,186 --> 00:16:56,256
John Kerry can't possibly
support this.
445
00:16:56,289 --> 00:16:58,825
Ted Kennedy,
I know doesn't.
446
00:16:58,859 --> 00:17:00,867
I am hopeful that Judge Mantle
447
00:17:00,901 --> 00:17:02,769
will reject this as well.
448
00:17:05,271 --> 00:17:07,040
SEABURY: That was a cheap shot,
Ms. Stringer.
449
00:17:07,073 --> 00:17:08,174
I would think
you'd have the integrity
450
00:17:08,208 --> 00:17:10,043
to at least try this case
in a courtroom.
451
00:17:10,076 --> 00:17:11,978
Is that why you asked
for this meeting?
452
00:17:12,012 --> 00:17:13,647
To lecture me?
SEABURY: You'll be lucky
453
00:17:13,680 --> 00:17:15,048
if you don't get censured
by the bar,
454
00:17:15,081 --> 00:17:16,817
but that's not why
I called for the meeting.
455
00:17:23,890 --> 00:17:25,258
Against my advice,
456
00:17:25,291 --> 00:17:26,793
the client is prepared
to offer you
457
00:17:26,827 --> 00:17:28,662
a hundred thousand dollars,
sealed.
458
00:17:28,695 --> 00:17:29,696
No admission.
459
00:17:34,635 --> 00:17:37,137
First of all,
a woman died.
460
00:17:37,170 --> 00:17:39,205
$100,000--
SEABURY: Is 80 more than
461
00:17:39,239 --> 00:17:40,541
you'd otherwise get
under the cap.
462
00:17:40,574 --> 00:17:42,475
Then why would
the hospital offer it?
463
00:17:42,509 --> 00:17:43,677
ROBERT: The hospital didn't.
464
00:17:43,710 --> 00:17:45,178
I'm making the offer.
465
00:17:46,012 --> 00:17:47,013
Out of your own pocket?
466
00:17:47,047 --> 00:17:48,314
ROBERT: Yes.
And I'll tell you why.
467
00:17:48,348 --> 00:17:50,183
Robert--
No, let's just deal straight.
468
00:17:50,216 --> 00:17:52,853
Does that violate some
attorney code of conduct?
469
00:17:53,386 --> 00:17:55,589
If I lose here,
cap or not,
470
00:17:55,622 --> 00:17:57,157
my insurance carrier
will drop me.
471
00:17:57,190 --> 00:17:58,859
They do it to OB-GYNs
all the time.
472
00:17:58,892 --> 00:18:00,466
They will do it to me.
You've said enough.
473
00:18:00,500 --> 00:18:01,568
ROBERT:
You represent the hospital
474
00:18:01,602 --> 00:18:02,969
and the insurance
company, Brian.
475
00:18:03,003 --> 00:18:05,271
Nobody's really speaking
for me here, I'd like to.
476
00:18:07,040 --> 00:18:09,109
I have never been found
477
00:18:09,142 --> 00:18:10,544
by any medical review board
478
00:18:10,577 --> 00:18:13,346
to have committed
any malpractice, ever.
479
00:18:13,379 --> 00:18:15,381
And yet,
I've been sued seven times.
480
00:18:15,415 --> 00:18:16,382
Bob--
We are getting sued
481
00:18:16,416 --> 00:18:17,117
out of business,
482
00:18:17,150 --> 00:18:18,384
and...
483
00:18:18,418 --> 00:18:19,620
(sighs)
484
00:18:22,589 --> 00:18:24,124
believe it or not,
485
00:18:24,157 --> 00:18:26,760
I am not in this profession
for the money.
486
00:18:26,793 --> 00:18:27,861
I'm a doctor,
487
00:18:27,894 --> 00:18:29,362
a pretty damn good one.
488
00:18:29,996 --> 00:18:31,632
My father was an OB-GYN.
489
00:18:31,665 --> 00:18:33,199
It's all I ever wanted to be.
490
00:18:35,836 --> 00:18:38,238
If you win in court,
491
00:18:38,271 --> 00:18:40,774
the most you can get is 20.
492
00:18:40,807 --> 00:18:42,743
I'm offering you a hundred.
493
00:18:43,409 --> 00:18:44,811
And I'm not taking it.
494
00:18:44,845 --> 00:18:46,179
FRUTT: Okay, Tom, I--
You killed my wife.
495
00:18:46,212 --> 00:18:47,714
ROBERT:
No, you contributed to that--
496
00:18:47,748 --> 00:18:50,050
(shouting indistinctly)
497
00:18:50,083 --> 00:18:50,917
Hey!
498
00:18:57,123 --> 00:18:58,659
The offer is rejected.
499
00:18:59,626 --> 00:19:00,426
Let's go.
500
00:19:00,460 --> 00:19:03,203
I'm offering you
every penny I have.
501
00:19:04,505 --> 00:19:06,372
And it's not enough.
502
00:19:12,278 --> 00:19:13,714
The offer is rejected.
503
00:19:37,538 --> 00:19:39,706
Working kind of late?
SHORE: Oh, no.
504
00:19:39,740 --> 00:19:42,042
I'm just pretending
so as to impress
505
00:19:42,075 --> 00:19:45,345
and inspire my office mates.
506
00:19:45,378 --> 00:19:48,314
(music playing)
507
00:19:57,157 --> 00:19:59,693
Eugene's hired a labor
law firm for something.
508
00:20:01,334 --> 00:20:03,570
All the computer passwords
are being changed.
509
00:20:06,873 --> 00:20:08,542
It looks like someone's
getting fired.
510
00:20:19,385 --> 00:20:20,587
I'm sure it's nothing.
511
00:20:31,798 --> 00:20:32,633
Tara?
512
00:20:36,336 --> 00:20:37,337
Thank you.
513
00:20:37,370 --> 00:20:40,306
(music playing)
514
00:21:02,869 --> 00:21:05,271
I'm all for tort reform,
515
00:21:05,305 --> 00:21:07,808
but to put a $20,000 cap
on a wrongful death...
516
00:21:07,841 --> 00:21:09,009
It's getting played.
517
00:21:09,042 --> 00:21:10,143
I guess that's good.
518
00:21:10,677 --> 00:21:11,745
You ready for the doctor?
519
00:21:11,778 --> 00:21:12,879
I think so.
520
00:21:12,913 --> 00:21:14,014
I gotta go hard, right?
521
00:21:14,047 --> 00:21:16,517
I would.
Clearly he has a button.
522
00:21:16,550 --> 00:21:18,351
If you can get him to go
"Howard Dean" up there,
523
00:21:18,384 --> 00:21:19,052
that could help.
524
00:21:19,986 --> 00:21:21,254
I just don't want to come off
as a monster.
525
00:21:23,890 --> 00:21:26,727
Jamie, we need to accomplish
two goals here.
526
00:21:26,760 --> 00:21:28,762
First, to get
a favorable verdict,
527
00:21:28,795 --> 00:21:31,297
which will be tough,
because...
528
00:21:31,331 --> 00:21:32,533
between you and me,
529
00:21:32,566 --> 00:21:34,668
I'm not sure this doctor
committed any negligence.
530
00:21:35,068 --> 00:21:37,003
And second,
even should we win,
531
00:21:37,037 --> 00:21:39,239
the judge has to be
outraged enough
532
00:21:39,272 --> 00:21:41,374
to strike the cap.
533
00:21:41,407 --> 00:21:42,576
Now, the book
on this judge
534
00:21:42,609 --> 00:21:45,378
is that he does rule
from emotion sometimes.
535
00:21:45,411 --> 00:21:46,880
So go for it.
536
00:21:49,850 --> 00:21:51,918
I've got the draft letter
pretty much done.
537
00:21:51,952 --> 00:21:54,555
Uh, I emailed it
to the labor lawyer,
538
00:21:54,588 --> 00:21:56,122
he sent it back
with some minor changes,
539
00:21:56,156 --> 00:21:57,624
but I want you
to review it, too.
540
00:21:57,658 --> 00:21:59,025
(beep)
541
00:21:59,059 --> 00:22:00,233
When do we tell Ellenor?
542
00:22:01,334 --> 00:22:02,869
She's back from the court
at lunch.
543
00:22:02,903 --> 00:22:04,905
We'll tell her then,
just before we tell him.
544
00:22:07,007 --> 00:22:09,009
Hello, Eugene!
What the--
545
00:22:09,042 --> 00:22:10,043
SHORE (over laptop): Listen,
I've been having trouble
546
00:22:10,076 --> 00:22:11,377
getting into my computer.
547
00:22:11,411 --> 00:22:13,113
I was wondering
if you could help.
548
00:22:13,146 --> 00:22:17,217
Almost seems as if
the password's been changed.
549
00:22:17,250 --> 00:22:19,753
But I'd know if there were
a new password,
550
00:22:19,786 --> 00:22:20,453
wouldn't I?
551
00:22:21,688 --> 00:22:24,257
I mean, you wouldn't change itbehind my back, would you?
552
00:22:24,290 --> 00:22:26,292
That's something
Jimmy might do,
553
00:22:26,326 --> 00:22:27,260
but not--
554
00:22:27,293 --> 00:22:28,261
oh, hello, Jimmy.
555
00:22:28,829 --> 00:22:31,031
I didn't see you there
at first.
556
00:22:31,064 --> 00:22:32,398
I'm not surprised, though,
557
00:22:32,432 --> 00:22:34,367
following closely as usual,
558
00:22:34,400 --> 00:22:35,536
waiting for orders,
559
00:22:35,569 --> 00:22:38,104
hoping for a few scraps.
560
00:22:38,672 --> 00:22:41,441
Anyway, Eugene, forgive me
561
00:22:41,474 --> 00:22:43,109
if I seem overly concerned,
562
00:22:43,143 --> 00:22:45,011
but, well, it's just
563
00:22:45,045 --> 00:22:48,081
people have screwed me over
in the past.
564
00:22:49,683 --> 00:22:52,085
And I don't like
getting screwed over.
565
00:22:54,621 --> 00:22:58,324
WOMAN (over TV):
You've been a bad bad cowboy.
566
00:22:58,358 --> 00:22:59,693
MAN (over TV): Oh--
567
00:22:59,726 --> 00:23:00,834
Get him in here.
568
00:23:00,867 --> 00:23:01,535
Eugene.
569
00:23:02,035 --> 00:23:04,470
Get him in here, now.
570
00:23:07,407 --> 00:23:09,910
I've delivered thousands
of babies over my career.
571
00:23:09,943 --> 00:23:12,478
I never lost a mother
until this case.
572
00:23:12,513 --> 00:23:14,047
You were monitoring her.
573
00:23:14,080 --> 00:23:15,048
Did you miss anything?
574
00:23:15,081 --> 00:23:16,116
ROBERT: I don't think so.
575
00:23:16,149 --> 00:23:18,719
Had she seen a doctor
during her pregnancy,
576
00:23:18,752 --> 00:23:21,287
I would have known about her
uterine abnormality,
577
00:23:21,321 --> 00:23:23,624
and I probably would have gone
with a c-section sooner.
578
00:23:23,657 --> 00:23:25,125
Probably would have?
579
00:23:25,158 --> 00:23:27,628
ROBERT: Natural childbirth
is always preferred
580
00:23:27,661 --> 00:23:28,962
for the baby and the mother.
581
00:23:28,995 --> 00:23:31,297
Doing c-sections
without cause
582
00:23:31,331 --> 00:23:32,398
is bad medicine.
583
00:23:32,432 --> 00:23:33,967
She wasn't in labor
that long,
584
00:23:34,000 --> 00:23:36,903
and we had no warning
she was in danger.
585
00:23:36,937 --> 00:23:39,439
Predicting uterine rupture
in a healthy woman
586
00:23:39,472 --> 00:23:42,475
who never gave birth before
is almost impossible.
587
00:23:42,509 --> 00:23:43,777
This was a tragedy,
588
00:23:43,810 --> 00:23:46,179
but it is not one
we could have avoided.
589
00:23:50,884 --> 00:23:52,352
STRINGER:
The Quillens told you
590
00:23:52,385 --> 00:23:54,254
they didn't have the money
for prenatal care.
591
00:23:54,287 --> 00:23:56,657
That had nothing to do
with the treatment I gave her.
592
00:23:56,690 --> 00:23:58,124
My question, doctor,
593
00:23:58,158 --> 00:23:59,826
did you know they couldn't pay
for treatment?
594
00:23:59,860 --> 00:24:01,502
Yes.
STRINGER: You also knew
595
00:24:01,535 --> 00:24:03,069
they didn't have insurance,
correct?
596
00:24:03,103 --> 00:24:05,105
ROBERT: Yes.
STRINGER: So you knew
597
00:24:05,138 --> 00:24:06,272
that whatever
treatment they got,
598
00:24:06,306 --> 00:24:07,708
the hospital was gonna
have to eat it?
599
00:24:07,741 --> 00:24:11,144
I did not put that woman's life
at risk to save money.
600
00:24:11,177 --> 00:24:12,946
She had only been
in labor an hour,
601
00:24:12,979 --> 00:24:14,347
it would have been
inhumane
602
00:24:14,380 --> 00:24:16,382
to just cut her open
without cause.
603
00:24:16,416 --> 00:24:18,251
Any doctor--
She was screaming in pain.
604
00:24:18,284 --> 00:24:19,352
She was in labor.
It's painful.
605
00:24:19,385 --> 00:24:20,554
STRINGER:
You weren't even there!
606
00:24:20,587 --> 00:24:22,422
I was there.
You weren't!
607
00:24:22,455 --> 00:24:23,624
How many obstetricians
were on duty
608
00:24:23,657 --> 00:24:24,758
that night at the hospital?
609
00:24:26,226 --> 00:24:28,461
Just me. The other obstetricians
had quit, because--
610
00:24:28,494 --> 00:24:30,130
Objection.
Sustained.
611
00:24:30,163 --> 00:24:33,266
You were the only OB-GYN
on duty that night.
612
00:24:33,299 --> 00:24:35,536
And in fact, you hadn't slept
for two nights
613
00:24:35,569 --> 00:24:37,571
before Mary Quillen came in.
614
00:24:37,604 --> 00:24:39,740
You were overseeing--
I was not overly tired.
615
00:24:39,773 --> 00:24:42,175
I was no busier than usual.
--exhausted and overworked--
616
00:24:42,208 --> 00:24:44,611
I was not!
--and you made a bad decision.
617
00:24:44,645 --> 00:24:45,546
I did the best I could!
618
00:24:45,579 --> 00:24:47,814
She came in to have a baby,
she's dead--
619
00:24:47,848 --> 00:24:48,982
and you did the best?
620
00:24:49,015 --> 00:24:49,950
I didn't do anything wrong!
621
00:24:49,983 --> 00:24:51,785
You didn't do anything at all!
622
00:24:51,818 --> 00:24:53,253
I did everything I could!
623
00:24:53,286 --> 00:24:55,155
But you know what, counsel,
624
00:24:55,188 --> 00:24:56,790
I will tell you this.
Objection.
625
00:24:56,823 --> 00:24:58,458
Doctor!
When that judge went face down
626
00:24:58,491 --> 00:24:59,993
the other day, I froze.
627
00:25:00,026 --> 00:25:01,067
I wanted to run up,
628
00:25:01,101 --> 00:25:02,569
I'm a doctor, for God's sake,
629
00:25:02,603 --> 00:25:04,571
but I was too afraid
of getting sued, so--
630
00:25:04,605 --> 00:25:06,206
Did you freeze in the
emergency room that night?
631
00:25:06,239 --> 00:25:07,841
No! I did not.
632
00:25:07,874 --> 00:25:09,576
But many doctors might.
MANTLE: Dr. Platt!
633
00:25:09,610 --> 00:25:10,977
You're the problem!
634
00:25:11,011 --> 00:25:13,780
You're the problem!
Dr. Platt, that is enough!
635
00:25:27,794 --> 00:25:29,129
Did I go too hard?
636
00:25:29,162 --> 00:25:29,930
I don't think so.
637
00:25:29,963 --> 00:25:30,997
You had to go after him.
638
00:25:31,031 --> 00:25:32,799
You had no choice.
639
00:25:32,833 --> 00:25:33,867
Is your closing ready?
640
00:25:33,900 --> 00:25:36,102
Not exactly,
but I'll work on it.
641
00:25:36,136 --> 00:25:37,804
May I please
speak to you?
642
00:25:37,838 --> 00:25:39,506
Doctor, you're represented
by counsel.
643
00:25:39,540 --> 00:25:40,373
I realize that,
644
00:25:40,406 --> 00:25:42,308
but my counsel
has a conflict.
645
00:25:42,342 --> 00:25:44,545
He represents the hospital
and the insurance company.
646
00:25:44,578 --> 00:25:46,346
Then you need to retain
another lawyer, we can't--
647
00:25:46,379 --> 00:25:47,714
Two hundred thousand.
648
00:25:48,549 --> 00:25:51,752
I would need time
to refinance my house but--
649
00:25:51,785 --> 00:25:54,955
I don't think our client
is gonna move for two.
650
00:25:55,455 --> 00:25:56,990
You people are lawyers.
651
00:25:57,023 --> 00:25:58,792
You know what it's like
to be held hostage
652
00:25:58,825 --> 00:26:00,233
by insurance carriers.
653
00:26:00,266 --> 00:26:02,135
If I get any
unfavorable verdict,
654
00:26:02,168 --> 00:26:03,269
they drop me.
655
00:26:03,303 --> 00:26:05,639
Without coverage,
I can't practice.
656
00:26:05,672 --> 00:26:08,074
Dr. Platt,
you're represented by counsel.
657
00:26:08,108 --> 00:26:11,044
We cannot be having
this discussion.
658
00:26:11,077 --> 00:26:12,178
I'm sorry.
659
00:26:23,423 --> 00:26:24,290
You need me?
660
00:26:24,324 --> 00:26:25,559
Yes.
Close the door, please.
661
00:26:29,530 --> 00:26:31,431
Is this something sexual?
662
00:26:31,464 --> 00:26:32,498
Sit.
663
00:26:35,268 --> 00:26:36,937
We've decided
to let you go.
664
00:26:36,970 --> 00:26:38,138
Ah.
665
00:26:38,171 --> 00:26:39,372
Go where?
666
00:26:39,405 --> 00:26:41,107
You're being discharged.
667
00:26:44,244 --> 00:26:45,579
Why?
668
00:26:45,612 --> 00:26:46,547
Well,
669
00:26:46,580 --> 00:26:49,315
let's call it
philosophical differences.
670
00:26:51,585 --> 00:26:53,754
I'd like you
to leave immediately.
671
00:26:55,155 --> 00:26:56,723
Is Ellenor in on this?
672
00:26:56,757 --> 00:26:59,225
Ellenor doesn't know yet,
but she'll be informed.
673
00:26:59,726 --> 00:27:02,135
I suppose you've already
managed to copy files.
674
00:27:02,168 --> 00:27:04,337
I'll remind you that
that's illegal, though,
675
00:27:04,370 --> 00:27:05,872
I doubt you care.
676
00:27:05,906 --> 00:27:08,709
Eugene, I don't need
to copy files.
677
00:27:08,742 --> 00:27:11,244
And most of the corporate
clients here are mine anyway.
678
00:27:11,277 --> 00:27:13,680
You brought them in,
but once you did so,
679
00:27:13,714 --> 00:27:15,749
they became clients
of the firm.
680
00:27:17,017 --> 00:27:18,118
Here's a check
681
00:27:18,151 --> 00:27:20,587
representing two weeks'
severance pay.
682
00:27:20,621 --> 00:27:21,588
Hmm.
683
00:27:26,326 --> 00:27:27,561
I've generated fees
684
00:27:27,594 --> 00:27:29,229
an excess of $6 million,
685
00:27:29,262 --> 00:27:31,464
you've handed me
a check for $15,000.
686
00:27:31,497 --> 00:27:32,332
You can keep it.
687
00:27:36,837 --> 00:27:39,139
You're a very talented
lawyer, Alan,
688
00:27:39,172 --> 00:27:41,374
but you don't fit in here.
689
00:27:41,407 --> 00:27:43,777
We'll be happy to give you
a good recommendation.
690
00:27:45,712 --> 00:27:48,348
Now, it's time
for you to go.
691
00:27:49,983 --> 00:27:51,217
Eugene,
692
00:27:51,251 --> 00:27:52,252
is it sexual?
693
00:27:53,820 --> 00:27:54,855
Goodbye, Alan.
694
00:27:55,622 --> 00:27:57,023
I'm keeping checkers.
695
00:28:01,735 --> 00:28:02,468
Tara.
696
00:28:12,546 --> 00:28:13,580
(door closes)
697
00:28:15,982 --> 00:28:19,085
Alan Shore seemed to know
this was coming.
698
00:28:19,119 --> 00:28:20,253
Did you tell him?
699
00:28:22,856 --> 00:28:23,524
Yes.
700
00:28:25,626 --> 00:28:26,727
I'm sorry.
701
00:28:27,861 --> 00:28:29,129
I owe you a lot, Eugene,
702
00:28:29,162 --> 00:28:31,565
and it wasn't my intent
to betray you.
703
00:28:31,598 --> 00:28:34,234
Really? Well, you did.
704
00:28:34,267 --> 00:28:35,368
Why?
705
00:28:38,238 --> 00:28:39,773
I guess I like him.
706
00:28:41,307 --> 00:28:43,076
You told me
he repelled you.
707
00:28:45,111 --> 00:28:46,580
He so often does.
708
00:28:49,783 --> 00:28:52,485
But it turns out that
I consider him a friend.
709
00:28:54,921 --> 00:28:56,723
Your employment here
is terminated.
710
00:28:57,624 --> 00:28:59,025
You'll be given
two weeks' severance.
711
00:28:59,059 --> 00:29:02,068
Your discharge
is effective immediately.
712
00:29:02,102 --> 00:29:05,038
(music playing)
713
00:29:26,059 --> 00:29:26,860
FRUTT: Lucy?
714
00:29:26,893 --> 00:29:29,029
Hey!
Hey, Ellenor.
715
00:29:29,062 --> 00:29:30,030
How are you?
716
00:29:30,063 --> 00:29:32,265
Oh, I'm good.
Good.
717
00:29:32,298 --> 00:29:34,400
You look amazing.
718
00:29:34,434 --> 00:29:36,202
Thank you.
How have you been?
719
00:29:36,236 --> 00:29:38,572
How's life
as a rape counselor?
720
00:29:38,605 --> 00:29:40,941
Well, it's not
a lot of laughs, but--
721
00:29:40,974 --> 00:29:43,476
God! You look wonderful.
722
00:29:43,810 --> 00:29:45,311
What brings you by?
723
00:29:45,345 --> 00:29:46,379
You're just saying hello?
724
00:29:46,412 --> 00:29:48,214
Uh, nope. I'm just
725
00:29:48,248 --> 00:29:49,482
filling in in a pinch.
726
00:29:50,183 --> 00:29:51,351
Filling in?
727
00:29:53,086 --> 00:29:54,120
Where's Tara?
728
00:29:55,088 --> 00:29:55,756
Ellenor,
729
00:29:56,557 --> 00:29:58,158
can we talk to you
for a second?
730
00:30:00,093 --> 00:30:01,167
Sure.
731
00:30:12,345 --> 00:30:14,681
Forty minutes ago,
we fired Alan.
732
00:30:15,949 --> 00:30:16,917
I'm sorry?
733
00:30:16,950 --> 00:30:19,219
Jimmy and I agreed
that on balance,
734
00:30:19,252 --> 00:30:20,253
he was a detriment
to the firm so--
735
00:30:20,286 --> 00:30:22,322
Whoa, whoa, whoa.
You and Jimmy agreed?
736
00:30:22,355 --> 00:30:24,424
Why wasn't I--
Because you're his friend.
737
00:30:24,457 --> 00:30:26,392
As well as a partner,
with a voting--
738
00:30:26,426 --> 00:30:28,261
We were trying to insulate you
from a conflict.
739
00:30:28,294 --> 00:30:29,996
That's crap!
740
00:30:30,030 --> 00:30:30,964
Why wasn't I told?
741
00:30:30,997 --> 00:30:32,699
YOUNG: Because we feared
you'd tell him,
742
00:30:32,733 --> 00:30:34,935
and he'd steal clients,
or files, or both.
743
00:30:34,968 --> 00:30:36,703
Well, it turns out Tara
tipped him off,
744
00:30:36,737 --> 00:30:38,404
so she was fired, as well.
745
00:30:38,438 --> 00:30:41,508
How dare you make a unilateral
decision without me?
746
00:30:41,542 --> 00:30:43,243
It wasn't unilateral.
Jimmy and I--
747
00:30:43,276 --> 00:30:45,478
FRUTT: I am a partner
in this firm.
748
00:30:45,512 --> 00:30:47,047
For you to go
behind my back--
749
00:30:47,080 --> 00:30:49,950
You're his friend.
I'm your friend!
750
00:30:49,983 --> 00:30:52,586
You have a duty
of honesty to me!
751
00:30:52,619 --> 00:30:53,787
As do you to Alan,
752
00:30:53,820 --> 00:30:55,388
which we couldn't risk
you honoring.
753
00:30:55,421 --> 00:30:56,657
Not at the expense
of the firm.
754
00:30:56,690 --> 00:30:58,058
The firm?
755
00:30:58,091 --> 00:30:59,259
The firm is you,
756
00:30:59,292 --> 00:31:00,834
it's me, and it's Jimmy!
757
00:31:00,867 --> 00:31:02,135
YOUNG: And Jamie and Tara!
758
00:31:02,168 --> 00:31:03,269
Who you just fired!
759
00:31:03,303 --> 00:31:04,938
Because she betrayed us!
Eugene!
760
00:31:04,971 --> 00:31:06,873
He had to go. I don't care
how much money he brought in.
761
00:31:06,907 --> 00:31:08,408
He lied,
he broke all the rules.
762
00:31:08,441 --> 00:31:10,010
He served
every one of us.
763
00:31:10,043 --> 00:31:11,344
No, he did not!
764
00:31:14,480 --> 00:31:17,117
The firm Bobby Donnell
turned over to us
765
00:31:17,150 --> 00:31:18,952
is one of integrity.
766
00:31:18,985 --> 00:31:21,421
The name on this place,
its reputation,
767
00:31:21,454 --> 00:31:22,589
it means something.
768
00:31:22,623 --> 00:31:24,257
That man
769
00:31:24,290 --> 00:31:26,459
demeans the practice of law.
770
00:31:26,492 --> 00:31:27,628
He demeaned this firm.
771
00:31:27,661 --> 00:31:28,595
He disrespected you,
772
00:31:28,629 --> 00:31:29,796
Jimmy, and me.
773
00:31:29,830 --> 00:31:32,298
I don't care if we have
to scrape for rent.
774
00:31:32,332 --> 00:31:35,268
This firm will always
775
00:31:35,301 --> 00:31:37,638
maintain its dignity.
776
00:31:41,174 --> 00:31:44,210
Character has to count
for something, Ellenor,
777
00:31:44,244 --> 00:31:45,812
and if it does,
778
00:31:47,480 --> 00:31:49,650
that man has no place.
779
00:31:49,683 --> 00:31:52,619
(music playing)
780
00:32:00,026 --> 00:32:01,234
STRINGER:
We need to get going.
781
00:32:01,267 --> 00:32:03,003
Jamie, can you close
without me there?
782
00:32:04,037 --> 00:32:05,171
Um, sure.
783
00:32:05,205 --> 00:32:07,874
I'm just in no
emotional state to, uh.
784
00:32:08,542 --> 00:32:10,343
I understand.
785
00:32:10,376 --> 00:32:11,745
Uh, I'm fine.
786
00:32:14,414 --> 00:32:15,616
Uh, If the judge asks,
I'll just tell him
787
00:32:15,649 --> 00:32:16,850
you're not feeling
very well.
788
00:32:17,483 --> 00:32:18,251
Thank you.
789
00:32:23,089 --> 00:32:24,457
I better get to court.
790
00:32:30,463 --> 00:32:31,397
Hmm.
791
00:32:31,431 --> 00:32:33,700
Seems funner than before.
792
00:32:33,734 --> 00:32:36,102
YOUNG: Lucy, did all
the letters go out?
793
00:32:36,136 --> 00:32:37,638
I checked. They're out.
794
00:32:38,839 --> 00:32:39,673
YOUNG: Okay.
795
00:32:40,206 --> 00:32:42,042
Uh, thank you for, uh.
796
00:32:42,909 --> 00:32:44,244
No problem.
797
00:32:54,655 --> 00:32:56,356
Everyone says
frivolous lawsuits
798
00:32:56,389 --> 00:32:58,024
are destroying medicine.
799
00:32:58,058 --> 00:32:59,760
Insurance companies
blame lawyers
800
00:32:59,793 --> 00:33:00,901
for driving up
health costs.
801
00:33:00,934 --> 00:33:02,869
But you know what?
802
00:33:02,903 --> 00:33:04,237
It's a lie.
803
00:33:04,638 --> 00:33:06,907
Malpractice suits
are down nationally,
804
00:33:06,940 --> 00:33:08,008
doctors and hospitals
805
00:33:08,041 --> 00:33:10,611
are making more money
than ever.
806
00:33:10,644 --> 00:33:12,779
The most recent study shows
807
00:33:12,813 --> 00:33:14,114
that for every
lawsuit filed,
808
00:33:14,147 --> 00:33:17,183
there are at least 10 acts
of gross malpractice
809
00:33:17,217 --> 00:33:19,653
that never lead
to any action.
810
00:33:20,020 --> 00:33:22,255
New laws are making it
harder and harder
811
00:33:22,288 --> 00:33:24,090
to even bring these cases,
812
00:33:24,124 --> 00:33:28,094
yet almost
100,000 Americans
813
00:33:28,128 --> 00:33:30,831
died last year because doctors
and hospitals
814
00:33:30,864 --> 00:33:32,766
made mistakes.
815
00:33:33,133 --> 00:33:36,269
One hundred thousand.
816
00:33:37,270 --> 00:33:41,508
Mary Quillen died because
she couldn't afford a c-section.
817
00:33:41,542 --> 00:33:42,876
That's worse than negligence,
818
00:33:42,909 --> 00:33:44,110
it's discrimination.
819
00:33:44,144 --> 00:33:46,647
And it happens every day.
820
00:33:47,047 --> 00:33:49,683
It's somehow
become bad business
821
00:33:49,716 --> 00:33:51,151
to treat the poor.
822
00:33:51,184 --> 00:33:54,154
And health care has become
a national disgrace.
823
00:33:56,356 --> 00:33:58,559
A message needs to be sent.
824
00:33:59,660 --> 00:34:02,268
I don't have the power.
825
00:34:02,302 --> 00:34:03,537
But you do.
826
00:34:20,687 --> 00:34:22,288
This country,
the richest on Earth,
827
00:34:22,322 --> 00:34:23,524
fails to provide
828
00:34:23,557 --> 00:34:26,259
adequate prenatal care
to poor women.
829
00:34:27,060 --> 00:34:29,730
Had Mary been able
to get a prenatal exam,
830
00:34:29,763 --> 00:34:30,864
Dr. Platt would have known
831
00:34:30,897 --> 00:34:32,599
that her uterus
was abnormal,
832
00:34:32,633 --> 00:34:34,668
and he likely would have
ordered that c-section.
833
00:34:34,701 --> 00:34:37,003
But because he didn't know,
834
00:34:37,037 --> 00:34:38,138
he had no basis
835
00:34:38,171 --> 00:34:40,106
for performing
a c-section on her
836
00:34:40,140 --> 00:34:41,675
until it was too late.
837
00:34:42,342 --> 00:34:44,477
One reason for the state of
health care in this country,
838
00:34:44,511 --> 00:34:47,213
by the way, a big reason,
litigation.
839
00:34:47,247 --> 00:34:49,482
Your Honor?
She opened the door on this.
840
00:34:50,016 --> 00:34:50,917
I'll allow it.
841
00:34:51,952 --> 00:34:53,820
SEABURY: Fear of litigation
842
00:34:53,854 --> 00:34:56,089
is driving health care
costs into orbit.
843
00:34:56,557 --> 00:34:57,991
Doctors routinely order
844
00:34:58,024 --> 00:35:00,534
expensive tests
to cover themselves
845
00:35:00,567 --> 00:35:02,035
in case they get sued.
846
00:35:02,068 --> 00:35:03,870
And according
to Newsweek magazine
847
00:35:03,904 --> 00:35:06,607
we waste $50
848
00:35:06,640 --> 00:35:08,575
to $100 billion dollars,
849
00:35:08,609 --> 00:35:09,910
billion,
850
00:35:09,943 --> 00:35:12,445
on what's called
"defensive medicine."
851
00:35:13,079 --> 00:35:14,881
Physicians are now
afraid to discuss
852
00:35:14,915 --> 00:35:16,149
their mistakes
with each other,
853
00:35:16,182 --> 00:35:19,285
because candor can be used
against them in court.
854
00:35:20,486 --> 00:35:22,388
But you know
the worst part,
855
00:35:23,957 --> 00:35:26,092
good doctors,
856
00:35:26,126 --> 00:35:28,261
men and women
in the business of healing,
857
00:35:28,294 --> 00:35:30,396
like Dr. Platt,
are being driven out,
858
00:35:30,430 --> 00:35:32,799
because they can't
afford coverage.
859
00:35:33,299 --> 00:35:35,936
He couldn't foresee
an abnormal uterus.
860
00:35:35,969 --> 00:35:38,438
This wasn't his fault.
861
00:35:40,206 --> 00:35:42,242
But hey,
anybody and everybody
862
00:35:42,275 --> 00:35:43,109
gets to sue.
863
00:35:43,143 --> 00:35:45,211
The problem is,
864
00:35:45,245 --> 00:35:46,379
win or lose,
865
00:35:46,412 --> 00:35:47,781
he loses.
866
00:35:50,116 --> 00:35:51,351
And so do we all.
867
00:36:17,684 --> 00:36:19,185
(doorbell rings)
868
00:36:26,292 --> 00:36:27,928
Hey.
Is he here?
869
00:36:28,461 --> 00:36:30,330
Oh, I've been calling him,
actually.
870
00:36:30,363 --> 00:36:31,865
I'm trying him again now.
871
00:36:31,898 --> 00:36:33,099
SHORE (over recording): Hello,
you've reached Alan Shore.
872
00:36:33,133 --> 00:36:34,768
I'm currently
with a prostitute.
873
00:36:34,801 --> 00:36:36,269
If you'd like to leave
a message--
874
00:36:36,302 --> 00:36:38,505
I have left him
six messages.
875
00:36:38,539 --> 00:36:40,140
He's not returning.
876
00:36:40,707 --> 00:36:41,942
Okay.
877
00:36:43,644 --> 00:36:44,878
Listen, Tara,
878
00:36:44,911 --> 00:36:46,980
I'm very sorry that it--
879
00:36:47,614 --> 00:36:49,916
I deserved to get fired,
880
00:36:49,950 --> 00:36:51,785
Ellenor.
881
00:36:51,818 --> 00:36:53,987
I betrayed Eugene.
882
00:36:54,020 --> 00:36:56,557
I'm willing to accept
responsibility for it.
883
00:37:00,499 --> 00:37:02,468
If I hear from him,
I'll let you know.
884
00:37:03,202 --> 00:37:05,304
Okay. Thanks.
885
00:37:09,776 --> 00:37:12,712
(music playing)
886
00:37:24,224 --> 00:37:25,559
Has the jury
reached a verdict?
887
00:37:26,326 --> 00:37:27,828
Yes, we have,
Your Honor.
888
00:37:28,194 --> 00:37:29,730
MANTLE: Question one,
889
00:37:29,763 --> 00:37:32,032
was the hospital
or Dr. Platt negligent
890
00:37:32,065 --> 00:37:33,634
in the death
of Mary Quillen?
891
00:37:33,667 --> 00:37:34,535
How say you?
892
00:37:35,869 --> 00:37:39,339
FOREPERSON: We, the jury,
find Dr. Platt and the hospital
893
00:37:39,773 --> 00:37:41,107
guilty of negligence.
894
00:37:42,743 --> 00:37:44,878
MANTLE: Question two
refers to damages.
895
00:37:45,679 --> 00:37:47,347
Have you reached a decision
on that question?
896
00:37:47,380 --> 00:37:48,682
FOREPERSON: Yes, Your Honor.
897
00:37:48,715 --> 00:37:52,285
We, the jury, find Dr. Platt
and the hospital
898
00:37:52,318 --> 00:37:54,621
jointly and severally liable,
899
00:37:54,655 --> 00:37:57,157
and order them to pay
the Quillen family
900
00:37:57,190 --> 00:37:59,259
$3.6 million.
901
00:38:00,333 --> 00:38:02,268
SEABURY: Defense moves
to reduce the judgment
902
00:38:02,302 --> 00:38:04,505
to the statutory cap
of $20,000.
903
00:38:04,538 --> 00:38:06,940
Opposed. Your Honor has
the discretion to lift the cap.
904
00:38:06,973 --> 00:38:08,809
SEABURY: There is no authority
for that discretion
905
00:38:08,842 --> 00:38:09,910
in the legislative
definition--
906
00:38:09,943 --> 00:38:11,745
Your Honor can rely on
precedent or judgements--
907
00:38:11,778 --> 00:38:13,614
Those precedents are certainly
not binding, Your Honor..
908
00:38:13,647 --> 00:38:14,548
The law is wrong!
909
00:38:15,716 --> 00:38:17,417
Which is exactly why
most states
910
00:38:17,450 --> 00:38:19,953
did away with the
charity caps 50 years ago.
911
00:38:22,689 --> 00:38:24,525
You're right,
Ms. Stringer.
912
00:38:24,558 --> 00:38:26,793
The law is archaic
913
00:38:26,827 --> 00:38:28,161
perhaps even immoral.
914
00:38:30,531 --> 00:38:32,132
But as a judge,
915
00:38:32,165 --> 00:38:33,900
I'm bound to uphold it.
916
00:38:34,367 --> 00:38:38,138
The verdict of $3.6 million
is vacated by statute.
917
00:38:38,705 --> 00:38:41,775
The verdict is capped
at $20,000.
918
00:38:41,808 --> 00:38:44,010
Members of the jury,
you're dismissed with thanks.
919
00:38:44,044 --> 00:38:45,746
This matter is adjourned.
920
00:38:55,622 --> 00:38:56,690
I'm sorry.
921
00:38:57,090 --> 00:38:58,124
We'll appeal,
922
00:38:58,158 --> 00:38:59,993
and we'll ask
for the full judgment.
923
00:39:00,026 --> 00:39:01,034
But--
924
00:39:01,067 --> 00:39:02,135
It's okay.
925
00:39:02,168 --> 00:39:04,971
You at least
got a verdict.
926
00:39:05,005 --> 00:39:06,406
I'm grateful for that.
927
00:39:07,608 --> 00:39:08,274
Maybe...
928
00:39:09,309 --> 00:39:10,410
it'll be heard.
929
00:39:11,311 --> 00:39:12,579
Let's hope so.
930
00:39:14,548 --> 00:39:16,382
I wish you well, Tom.
931
00:39:16,416 --> 00:39:17,350
Thank you.
932
00:39:17,383 --> 00:39:19,720
And please thank
Ellenor for me.
933
00:39:20,220 --> 00:39:21,254
I will.
934
00:39:21,287 --> 00:39:24,224
(music playing)
935
00:39:45,078 --> 00:39:47,981
(indistinct chatter)
936
00:40:02,102 --> 00:40:02,869
What's new?
937
00:40:10,877 --> 00:40:12,613
I'm sorry.
938
00:40:12,646 --> 00:40:14,014
I didn't know.
939
00:40:14,047 --> 00:40:15,582
I know you didn't.
940
00:40:17,450 --> 00:40:19,019
I'm gonna try
to dissuade them.
941
00:40:19,052 --> 00:40:20,521
Ellenor
942
00:40:20,554 --> 00:40:22,989
it's a place of work,
nothing more.
943
00:40:26,292 --> 00:40:28,729
It's the little things
in life I...
944
00:40:30,196 --> 00:40:31,798
find annoying.
945
00:40:34,234 --> 00:40:36,903
If you could just get
Tara's job back.
946
00:40:37,470 --> 00:40:39,806
She didn't...
947
00:40:39,840 --> 00:40:40,807
deserve--
948
00:40:42,643 --> 00:40:44,177
Hey,
949
00:40:44,210 --> 00:40:45,211
my friend,
950
00:40:48,014 --> 00:40:49,850
you and I are going to see
a lot of each other.
951
00:40:51,351 --> 00:40:52,653
Everything's fine,
Ellenor,
952
00:40:52,686 --> 00:40:53,820
I promise.
953
00:40:55,756 --> 00:40:58,559
I'd even go so far as to say
it's all for the best, so...
954
00:40:59,793 --> 00:41:01,535
let's see a smile.
955
00:41:01,968 --> 00:41:02,969
(scoffs)
956
00:41:06,907 --> 00:41:09,342
I didn't figure
you'd go so quietly.
957
00:41:13,179 --> 00:41:15,281
Who said anything about
going quietly?
958
00:41:19,052 --> 00:41:21,287
Ellenor,
I give you my word
959
00:41:21,321 --> 00:41:23,323
this is going to get very...
960
00:41:24,858 --> 00:41:26,593
ugly.
961
00:41:26,627 --> 00:41:27,594
Not to worry.
962
00:41:27,628 --> 00:41:30,564
(music playing)
963
00:41:52,418 --> 00:41:55,355
(music playing)
964
00:42:18,852 --> 00:42:19,853
WOMAN: You stinker!
965
00:42:19,886 --> 00:42:22,889
(music playing)
66908
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