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Test.
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Test.
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Mike End:
Who is the doctor in charge
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- of the patient's care?
- I don't know.
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00:00:37,680 --> 00:00:40,470
Steve Burrows:
If someone would've told me
10 years ago
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00:00:40,560 --> 00:00:44,680
I'd be strapping on a spy pen
and going undercover...
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( guard speaking )
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Ooh.
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00:00:47,140 --> 00:00:48,520
( man speaking over phone )
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...only to stumble into
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a medical-industrial complex
so dangerous...
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( Dr. Mark Bauer speaking )
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00:00:56,640 --> 00:00:59,600
- Could you define "awareness"?
- ...that it puts the lives
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of every single one of us
at risk...
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00:01:01,600 --> 00:01:04,180
Insurance companies
take control of these cases,
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and it becomes
all about money.
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Steve:
I'd have said they were nuts.
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This is the future of medicine.
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This is the call
from my sister, June 2009.
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- ( turns on tape )
- And...
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this is the call
that started it all.
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00:01:20,680 --> 00:01:21,810
( Beth Burrows speaking )
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00:01:30,560 --> 00:01:33,270
- Hi!
- Steve: When my mom,
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Judie Burrows,
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a 69-year-old,
wildly independent,
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globe-trotting
retired school teacher
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from Milwaukee, Wisconsin,
went into the hospital
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for a routine partial
hip replacement,
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00:01:46,640 --> 00:01:49,270
it was the beginning
of a decade-long journey
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that would change
our family's lives forever.
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( siren wailing )
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00:02:01,640 --> 00:02:05,180
Steve:
Mom was rushed to Aurora West
Allis Medical Center
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00:02:05,270 --> 00:02:07,640
where she was operated on
by her surgeon,
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and family friend,
Dr. Mark Bauer.
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00:02:10,520 --> 00:02:12,770
Cindy Payne, RN:
We trusted Dr. Bauer.
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00:02:12,850 --> 00:02:17,020
Dr. Bauer had done
both of her total knees
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and had taken good care of her.
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Steve:
He stabilized her broken hip,
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00:02:22,810 --> 00:02:26,390
sent her to rehab,
and then she went home.
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00:02:26,470 --> 00:02:29,060
- Cindy: You OK?
- Judie: Mm-hmm.
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00:02:29,140 --> 00:02:32,430
- Is your back hurting?
- A little bit.
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00:02:32,520 --> 00:02:36,390
Cindy:
Judie came home, and things
did not go well.
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00:02:36,470 --> 00:02:38,640
She was in so much pain,
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she wasn't getting around well,
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she had the walker way longer
than she should.
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Just walk through here.
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Cindy:
But Judie continued
to go to physical therapy,
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all these things
Dr. Bauer wanted her to do,
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but time went on,
she was still struggling,
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00:02:56,890 --> 00:03:00,640
and one day, five months later,
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she fell.
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00:03:02,350 --> 00:03:04,140
( siren wailing )
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Cindy Knueppel:
The emergency room doctor said,
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00:03:07,680 --> 00:03:09,140
"Well, Judie,
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I can't find anything wrong,
nothing broken,
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so we're gonna send you home."
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00:03:13,310 --> 00:03:14,890
And that's when I said,
"No, you're not.
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You have to find out
why she's in pain.
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00:03:17,850 --> 00:03:19,520
Get her admitted,
because this is not right."
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00:03:19,600 --> 00:03:22,020
Steve:
They admitted Mom
to the hospital,
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00:03:22,100 --> 00:03:25,100
where she laid there
on painkillers for eight days
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00:03:25,180 --> 00:03:27,100
with no plan of care.
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I called every day
to the doctor.
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00:03:28,640 --> 00:03:30,100
"What's going on?
What are you gonna do?
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00:03:30,180 --> 00:03:32,140
She is in crazy-ass pain."
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00:03:32,220 --> 00:03:34,770
I flew in from my home in L.A.
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and demanded some answers.
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After another round of x-rays,
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00:03:40,770 --> 00:03:44,770
it's determined that Mom's hip
was, in fact, broken.
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00:03:44,850 --> 00:03:49,470
We later found out
that Dr. Bauer had concluded
by the middle of the summer
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that her first hip surgery
was failing.
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00:03:56,470 --> 00:03:58,890
All of a sudden there was
this sort of rush to surgery.
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00:03:58,980 --> 00:04:02,770
But she was on this drug
called Plavix--
that's a blood-thinner--
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00:04:02,850 --> 00:04:04,890
and medically, you're supposed
to be off Plavix
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00:04:04,980 --> 00:04:07,980
for seven days prior to
any type of elective surgery,
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00:04:08,060 --> 00:04:09,390
or the blood
does not coagulate.
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I remember Dr. Bauer saying,
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"I've never had a problem
with Plavix. Never had
a problem with Plavix."
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Cindy:
The nurse was concerned,
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00:04:16,060 --> 00:04:19,890
she made him write in the chart
"I'm aware of the Plavix."
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00:04:21,470 --> 00:04:24,270
Judie was very upset
and scared to death.
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She said, "I'm gonna bleed,
I'm gonna bleed."
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00:04:27,520 --> 00:04:31,930
Steve:
Dr. Bauer cuts her open...
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00:04:32,020 --> 00:04:34,520
and she starts
to bleed like crazy.
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00:04:36,180 --> 00:04:39,430
The second hip surgery
involves a second incision.
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So now Mom is losing
even more blood.
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00:04:46,850 --> 00:04:48,560
Cindy:
Three hours came and went.
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Four hours.
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Steve:
The surgery went six hours.
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00:04:55,060 --> 00:04:59,890
Mom lost approximately
half the blood in her body.
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00:05:06,600 --> 00:05:08,980
Cindy:
She was moved to ICU,
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00:05:09,060 --> 00:05:12,310
but we found out
there was no doctor
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00:05:12,390 --> 00:05:14,770
on the floor that night--
at all.
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00:05:14,850 --> 00:05:16,180
They have something called
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"electronic ICU."
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00:05:17,520 --> 00:05:20,180
There's a camera in the room,
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and there are doctors
stationed in a room
at the airport,
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00:05:24,310 --> 00:05:28,310
and they look at the patients
by way of this camera
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to determine
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what kind of care
needs to be given.
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Well, within an hour,
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Judie's blood pressure
plummeted.
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00:05:38,100 --> 00:05:42,680
Steve:
Mom's blood pressure
later dropped to 50/30.
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00:05:42,770 --> 00:05:47,020
Fifty over thirty means
"Holy shit."
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00:05:47,100 --> 00:05:51,020
Mom was losing oxygen
to her brain...
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00:05:51,100 --> 00:05:55,730
and we were told that camera
watching my mom
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may never have been on.
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00:05:59,640 --> 00:06:02,020
Patient care manager
of the ICU told us,
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00:06:02,100 --> 00:06:04,930
"We don't like to invade
the privacy of the patient."
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Is that completely fucked up,
or is that just me?
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Cindy:
It was first day post-op,
and Judie
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wasn't responsive at all.
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Steve:
I was told that the reason
was because
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she was very foggy and groggy
from anesthesia.
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And I kept saying,
"Come on, now."
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Another day passed,
so I blow a gasket.
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The doctor of the intensive
care unit during the day,
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she said, "Well, have you
seen a difference?"
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I said, "Yeah. Yesterday
she looked like shit.
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Today she looks like
she's dying."
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The neurologist comes in,
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he looks in her eyes,
he turns and he goes,
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"Your mom is in a coma.
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She's in a vegetative state.
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We hope she wakes up,
but she might not."
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And that's how
this whole thing started.
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( music playing )
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( siren wailing )
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00:07:44,560 --> 00:07:47,140
( heart monitor flatlining )
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00:07:47,220 --> 00:07:50,810
Male Reporter:
Medical errors kill too many
patients in the U.S.
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Two hundred and fifty-thousand
people die each year...
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00:07:54,520 --> 00:07:55,560
Steve:
I've been immersing myself
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00:07:55,640 --> 00:07:57,640
in the world of medical error,
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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
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00:08:03,730 --> 00:08:06,520
who he claims removed
the wrong kidney...
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00:08:06,600 --> 00:08:08,980
Female Reporter:
Doctors performed
a brain operation
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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,
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00:08:12,680 --> 00:08:15,520
and he came out in a body bag.
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00:08:19,100 --> 00:08:22,180
Martin Makary, M.D., M.P.H.:
We spend a lot of money
on heart disease--
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00:08:22,270 --> 00:08:24,520
research, education.
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00:08:24,600 --> 00:08:28,180
We spend a lot of money on
cancer research and education.
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00:08:28,270 --> 00:08:30,680
We have not even began
to recognize
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00:08:30,770 --> 00:08:33,680
the country's third-leading
cause of death:
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medical care gone wrong.
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00:08:35,350 --> 00:08:38,310
We have not captured it
traditionally
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00:08:38,390 --> 00:08:40,470
in our national health
statistics.
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00:08:40,560 --> 00:08:42,730
You cannot even list it
as a cause of death.
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It's been a silent epidemic.
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00:08:45,850 --> 00:08:48,850
It lives in
the conversations of doctors,
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and nursing lounges.
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People are dying
from bad communication,
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from diagnostic errors,
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00:08:55,390 --> 00:08:58,140
from poorly coordinated care.
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00:08:58,220 --> 00:08:59,470
Today in America
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00:08:59,560 --> 00:09:03,350
we have a very complex
and sloppy system.
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00:09:03,430 --> 00:09:07,350
We promote high-volume
medical care--
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00:09:07,430 --> 00:09:08,560
doing more stuff.
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00:09:08,640 --> 00:09:10,520
It used to be that we doctors
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00:09:10,600 --> 00:09:13,890
would go to the patient's
bedside when they needed us.
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Now there's an entire industry
behind us
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00:09:16,810 --> 00:09:18,430
as we're at the bedside,
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creating more cracks and gaps
for patients to get harmed.
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00:09:22,220 --> 00:09:24,270
( chimes ringing )
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Dr. Ted Payne:
We knew something was wrong,
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00:09:26,430 --> 00:09:29,770
because a hip operation
doesn't take six hours.
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00:09:29,850 --> 00:09:31,770
Steve:
Uncle Ted, my mom's brother,
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00:09:31,850 --> 00:09:34,180
is a doctor,
and his wife, my Aunt Cindy,
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00:09:34,270 --> 00:09:35,810
is a retired nurse.
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00:09:35,890 --> 00:09:39,730
Dr. Bauer signed the chart
saying, "I know she's on Plavix,
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00:09:39,810 --> 00:09:42,890
but I'm gonna operate
on her anyway..."
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00:09:42,980 --> 00:09:45,390
Steve:
He was furious, and wanted
to grill Dr. Bauer
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00:09:45,470 --> 00:09:48,020
about the massive blood loss
in surgery.
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Ted said, "We need to see
what's going on,"
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00:09:50,520 --> 00:09:53,470
and so Dr. Bauer said, "Yeah,
yeah, let me get the chart."
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00:09:53,560 --> 00:09:56,390
He said, "Look at
the anesthesia notes.
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00:09:56,470 --> 00:09:58,600
They're impeccable."
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00:09:58,680 --> 00:10:01,350
Steve:
"They're impeccable." They kept
saying, "They're impeccable.
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00:10:01,430 --> 00:10:02,890
The surgery went good."
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00:10:02,980 --> 00:10:04,310
In my view,
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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,
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00:10:11,730 --> 00:10:15,270
it was just as even and normal
as can be.
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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,
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00:10:23,980 --> 00:10:25,930
"You need to become
power of attorney right now,
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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.
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00:10:30,430 --> 00:10:32,140
We're gonna sue."
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00:10:32,220 --> 00:10:34,980
( music playing )
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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.
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00:10:40,310 --> 00:10:42,980
♪ Over the top with
California Raisins! ♪
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00:10:43,060 --> 00:10:44,520
Who's gonna buy
chocolate yogurt?
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00:10:44,600 --> 00:10:46,890
- I wrote, directed...
- Action!
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00:10:46,980 --> 00:10:49,680
and performed in theater,
commercials,
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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,
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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!
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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
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00:11:19,350 --> 00:11:22,810
and pursue a lawsuit against
West Allis Medical Center.
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00:11:22,890 --> 00:11:26,060
West Allis is owned
by Aurora Health Care,
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00:11:26,140 --> 00:11:28,520
the largest system
in Wisconsin.
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00:11:28,600 --> 00:11:31,600
It has 15 hospitals,
150 clinics,
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00:11:31,680 --> 00:11:34,180
and 32,000 employees.
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00:11:34,270 --> 00:11:35,890
Aurora is huge.
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00:11:35,980 --> 00:11:38,930
Step one: I need a lawyer.
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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...
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00:11:44,680 --> 00:11:46,180
Call me when you get in
on Monday morning.
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00:11:46,270 --> 00:11:48,020
My sister was in law school,
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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
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00:12:00,890 --> 00:12:04,020
27,000 patients
are either injured or die
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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
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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.
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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
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00:12:30,560 --> 00:12:31,810
per expert.
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00:12:31,890 --> 00:12:34,180
- Cash.
- Cash.
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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
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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 )131564
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