Original subtitles

Test.

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Mike End: Who is the doctor in charge

- of the patient's care? - I don't know.

Steve Burrows: If someone would've told me 10 years ago

I'd be strapping on a spy pen and going undercover...

( guard speaking )

Ooh.

( man speaking over phone )

...only to stumble into

a medical-industrial complex so dangerous...

( Dr. Mark Bauer speaking )

- Could you define "awareness"? - ...that it puts the lives

of every single one of us at risk...

Insurance companies take control of these cases,

and it becomes all about money.

Steve: I'd have said they were nuts.

This is the future of medicine.

This is the call from my sister, June 2009.

- ( turns on tape ) - And...

this is the call that started it all.

( Beth Burrows speaking )

- Hi! - Steve: When my mom,

Judie Burrows,

a 69-year-old, wildly independent,

globe-trotting retired school teacher

from Milwaukee, Wisconsin, went into the hospital

for a routine partial hip replacement,

it was the beginning of a decade-long journey

that would change our family's lives forever.

( siren wailing )

Steve: Mom was rushed to Aurora West Allis Medical Center

where she was operated on by her surgeon,

and family friend, Dr. Mark Bauer.

Cindy Payne, RN: We trusted Dr. Bauer.

Dr. Bauer had done both of her total knees

and had taken good care of her.

Steve: He stabilized her broken hip,

sent her to rehab, and then she went home.

- Cindy: You OK? - Judie: Mm-hmm.

- Is your back hurting? - A little bit.

Cindy: Judie came home, and things did not go well.

She was in so much pain,

she wasn't getting around well,

she had the walker way longer than she should.

Just walk through here.

Cindy: But Judie continued to go to physical therapy,

all these things Dr. Bauer wanted her to do,

but time went on, she was still struggling,

and one day, five months later,

she fell.

( siren wailing )

Cindy Knueppel: The emergency room doctor said,

"Well, Judie,

I can't find anything wrong, nothing broken,

so we're gonna send you home."

And that's when I said, "No, you're not.

You have to find out why she's in pain.

Get her admitted, because this is not right."

Steve: They admitted Mom to the hospital,

where she laid there on painkillers for eight days

with no plan of care.

I called every day to the doctor.

"What's going on? What are you gonna do?

She is in crazy-ass pain."

I flew in from my home in L.A.

and demanded some answers.

After another round of x-rays,

it's determined that Mom's hip was, in fact, broken.

We later found out that Dr. Bauer had concluded by the middle of the summer

that her first hip surgery was failing.

All of a sudden there was this sort of rush to surgery.

But she was on this drug called Plavix-- that's a blood-thinner--

and medically, you're supposed to be off Plavix

for seven days prior to any type of elective surgery,

or the blood does not coagulate.

I remember Dr. Bauer saying,

"I've never had a problem with Plavix. Never had a problem with Plavix."

Cindy: The nurse was concerned,

she made him write in the chart "I'm aware of the Plavix."

Judie was very upset and scared to death.

She said, "I'm gonna bleed, I'm gonna bleed."

Steve: Dr. Bauer cuts her open...

and she starts to bleed like crazy.

The second hip surgery involves a second incision.

So now Mom is losing even more blood.

Cindy: Three hours came and went.

Four hours.

Steve: The surgery went six hours.

Mom lost approximately half the blood in her body.

Cindy: She was moved to ICU,

but we found out there was no doctor

on the floor that night-- at all.

They have something called

"electronic ICU."

There's a camera in the room,

and there are doctors stationed in a room at the airport,

and they look at the patients by way of this camera

to determine

what kind of care needs to be given.

Well, within an hour,

Judie's blood pressure plummeted.

Steve: Mom's blood pressure later dropped to 50/30.

Fifty over thirty means "Holy shit."

Mom was losing oxygen to her brain...

and we were told that camera watching my mom

may never have been on.

Patient care manager of the ICU told us,

"We don't like to invade the privacy of the patient."

Is that completely fucked up, or is that just me?

Cindy: It was first day post-op, and Judie

wasn't responsive at all.

Steve: I was told that the reason was because

she was very foggy and groggy from anesthesia.

And I kept saying, "Come on, now."

Another day passed, so I blow a gasket.

The doctor of the intensive care unit during the day,

she said, "Well, have you seen a difference?"

I said, "Yeah. Yesterday she looked like shit.

Today she looks like she's dying."

The neurologist comes in,

he looks in her eyes, he turns and he goes,

"Your mom is in a coma.

She's in a vegetative state.

We hope she wakes up, but she might not."

And that's how this whole thing started.

( music playing )

( siren wailing )

( heart monitor flatlining )

Male Reporter: Medical errors kill too many patients in the U.S.

Two hundred and fifty-thousand people die each year...

Steve: I've been immersing myself

in the world of medical error,

and I'm shocked to learn how often these mistakes occur.

An Arlington man is suing doctors

who he claims removed the wrong kidney...

Female Reporter: Doctors performed a brain operation

on the wrong patient.

My husband went in for dental implants,

and he came out in a body bag.

Martin Makary, M.D., M.P.H.: We spend a lot of money on heart disease--

research, education.

We spend a lot of money on cancer research and education.

We have not even began to recognize

the country's third-leading cause of death:

medical care gone wrong.

We have not captured it traditionally

in our national health statistics.

You cannot even list it as a cause of death.

It's been a silent epidemic.

It lives in the conversations of doctors,

and nursing lounges.

People are dying from bad communication,

from diagnostic errors,

from poorly coordinated care.

Today in America

we have a very complex and sloppy system.

We promote high-volume medical care--

doing more stuff.

It used to be that we doctors

would go to the patient's bedside when they needed us.

Now there's an entire industry behind us

as we're at the bedside,

creating more cracks and gaps for patients to get harmed.

( chimes ringing )

Dr. Ted Payne: We knew something was wrong,

because a hip operation doesn't take six hours.

Steve: Uncle Ted, my mom's brother,

is a doctor, and his wife, my Aunt Cindy,

is a retired nurse.

Dr. Bauer signed the chart saying, "I know she's on Plavix,

but I'm gonna operate on her anyway..."

Steve: He was furious, and wanted to grill Dr. Bauer

about the massive blood loss in surgery.

Ted said, "We need to see what's going on,"

and so Dr. Bauer said, "Yeah, yeah, let me get the chart."

He said, "Look at the anesthesia notes.

They're impeccable."

Steve: "They're impeccable." They kept saying, "They're impeccable.

The surgery went good."

In my view,

the anesthesia notes are too impeccable.

All the blood pressures and the pulses,

it was just as even and normal as can be.

So I think that was falsified.

- Steve: You think they changed the records? - I think they falsified it.

- Yes. - Steve: Ted tells me,

"You need to become power of attorney right now,

get the medical records before they change 'em,

and get a medical malpractice attorney now.

We're gonna sue."

( music playing )

Steve: For 20 years I was a comedy guy in L.A.

making a fool of myself for a living.

♪ Over the top with California Raisins! ♪

Who's gonna buy chocolate yogurt?

- I wrote, directed... - Action!

and performed in theater, commercials,

- TV shows... - What's your name?

- David Richardson. - Get out. You're fired.

...and movies, including my first feature,

"Chump Change."

( music playing )

...The Colonel's gonna make your movie!

Steve: Comedy was my life.

I follow my Uncle Ted's advice

and pursue a lawsuit against West Allis Medical Center.

West Allis is owned by Aurora Health Care,

the largest system in Wisconsin.

It has 15 hospitals, 150 clinics,

and 32,000 employees.

Aurora is huge.

Step one: I need a lawyer.

This is my working file.

- Hey, it's Steve. - I called the people that I knew in Milwaukee...

Call me when you get in on Monday morning.

My sister was in law school,

her professors gave recommendations.

I find Lynn Laufenberg.

Lynn Laufenberg: These cases are very expensive and very risky,

and most of them are lost.

Steve: OK.

Steve: Every year in Wisconsin

27,000 patients are either injured or die

due to medical negligence.

In a recent year, only 84 lawsuits were filed.

Twenty-two went to trial,

and only three won for the patients.

Laufenberg: I don't proceed with any case

until I have an expert, that I trust, who tells me

that there's been a violation of the standard of care.

Steve: These experts, these are doctors.

Yes. Who charge substantially for their time.

How much money?

Probably talking $20,000 to $30,000

per expert.

- Cash. - Cash.

The second thing,

the medical profession

and the medical insurance interests

create obstacles to recoveries.

And the thing that discourages lawyers

from taking cases the most are limits on recovery.

I ask the Congress to pass medical liability reform this year.

Steve: Lynn says the maximum award in Wisconsin

is $750,000.

Wisconsin is one of 35 states with these caps.

This is a tort reform law that discourages people

from filing so-called frivolous lawsuits.

We're a litigious society,

everybody's suin', it seems like.

There are too many lawsuits filed against doctors

and hospitals without merit.

Steve: So after attorney fees and other expenses,

we can win and still owe money.

These cases are almost like criminal cases in a sense,

because the word "malpractice" is thrown around.

Nobody wants to hang that on a doctor.

Let's get x-ray in here, portable C spine,

CBC type and cross, six units.

Laufenberg: Doctors, typically,

the code for them are "heroes."

No pulse.

Amanda, adrenaline. Bag him!

- Live, damn it, live! - I'm getting a pulse.

Laufenberg: They're always due to saving lives.

The Horta is badly wounded. It may die.

- It won't die. - Can you help it?

Helped it? I cured it.

Laufenberg: It's really hard to hold a hero responsible.

This is like climbing Mr. Everest

- Sure. - without Sherpas or something.

- Sure. "Prove it." - Right.

If you can win it in front of a jury,

hey, it's yours.

But 90% of the time, it ain't gonna happen.

Steve: I understand why a lot of families can't go on.

I understand why a lot of people can't fight it,

and they just have to, like, sort of accept it.

I can't do it.

I'm my mom's son, I love my mom.

I'm just trying to give my mom a voice

because she can't defend herself.

She can't stand up for herself.

Hopefully, Lynn will find an expert doctor he trusts

to take our case.

We worked very hard to...

I fill Cindy in on the meeting with Lynn

and the uphill battle we're in for.

I tell her the lawyer needs us to start filming

mom's pain and suffering for the record,

and eventually for a jury.

Then we get a call.

After nearly two weeks in a coma, Mom wakes up!

Holy hell.

Oh, shit!

Whoo!

But she is in a vicious cycle of uncontrollable pain.

( Judie whimpering )

Her brain and body are so badly damaged,

it takes months for Mom to relearn how to do everything.

Beth: Mom? Can I help you?

Steve: How to talk...

( grunts )

...eat...

- Judie, open your eyes. - Where is it goin'?

Look at the potatoes. There you go.

Where's it goin'? Where's it goin'?

- Feel it? - ...walk...

Start standing. Start standing, Judie.

Woman: Stand up. Up we go! Up, up, up!

Try to put your heel down, Judie.

Look at you, you're standing! Yay! Ta-da!

...think.

Steve: Do you know your name?

- Judie Burrows. - That's right.

- Do you know who I am? - Yeah.

- Who am I? - My son.

Yes.

All: ♪ See the blazing Yule before us ♪

♪ Fa la la la la, la la la la... ♪

Steve: Mom is diagnosed with severe

cognitive and physical disabilities

due to loss of oxygen to the brain.

( whimpering )

Her prognosis?

Unknown.

- Here we go. - ...two, three.

Then Aurora and the insurance company

kick her out of the hospital.

Then they bill her for it.

Then they send her to collections.

And then they send her a survey askin', "How'd we do?"

So now we're scramblin' for a place for Mom to live.

So we take her to a rehab.

The rehab guy says Medicare will pay for 100 days.

Well, 100 days pass in a blink,

and now it's brutally clear:

Mom's financially responsible for her care.

And to take care of Mom, it's gonna cost

$6,000 a month-- cash.

Remain calm. Remain calm.

Thus begins my twice-a-month commute across the country,

managing affairs between my mom's house in Wisconsin

and mine in L.A.

This is like pages and pages and pages and pages of costs.

Thousand dollars now.

I just keep going.

This was the mail from yesterday.

$421,000.

It's like a chess game.

And all roads lead to the insurance company.

Woman: How may I help you?

I got a bill for almost $15,000,

and I'm calling to find out what that's about.

Margo Burrows: Steve is literally

consumed by this much of the time-- most of the time.

Woman: Let me go ahead and look and see what's been happening.

- OK? - Yeah.

Margo: He has spent more time in Milwaukee

then he's spent here in our home.

It was a pre-approval approval,

then a denial, then an approval, then a denial,

and then they paid it,

but now they want their money back from you guys,

and that's why you want your money back from us.

Right. That's exactly where we're at.

- Nothing's changed. - ( scoffs )

We'd get calls at 7:00 a.m. sometimes

from her doctor's office, her dentist's office, therapist.

Woman: Hi, Steve,

I'm calling from Dr. Mostenick's office.

This is just in, like, the last week. I wanted to--

Woman 2: Hi. Thanks for getting back to me.

I called Medicare directly, just to kind of...

Woman 3: ...State Fair Hearing has been filed

by you on behalf of your mother...

Woman 4: Hi, Mr. Burrows, it's Julia Schmelzer

getting back to you from Medistar.

( blows horn ) Ohh. Sad.

Woman 5: Steve, you're a lawyer, am I correct?

No, I'm-- I'm the furthest thing from a lawyer.

- I'm a comedy director. - OK.

Margo: Steve would not have been able

to keep this lawsuit going

and keep his mother alive without doing it 100%.

And he doesn't see much... else outside of... this.

I'm a little obsessed about it.

Maybe even not a little bit.

I may be losing my mind.

It's possible.

( musical saw creating eerie sounds )

( eerie sounds continue )

I'm having trouble with my vibrato.

Steve: Finally, some hope.

Super Lawyer Lynn takes our case!

Laufenberg: Human beings make errors.

The medical profession, just like the rest of us,

needs to be accountable for the errors that occur.

Steve: Lynn Laufenberg was very impressed

with the fact that not only we have a good case,

that this case is being supported by medical people--

my uncle the doctor, my aunt the nurse.

The fact that Ted was the guy that started this legal fire,

we have medical people who actually understand what happened.

Lynn secures our first expert--

Dr. James Leo.

Dr. Leo thinks, looking just at the medical records,

no one was in charge,

that my mom was literally just sailing on her own into oblivion.

He gave a scathing opinion of Mom's care--

that the deadly low blood pressures in the ICU,

coupled with Aurora having no bedside doctor in the ICU,

was a direct cause of Mom's brain damage and subsequent injuries.

And that this was clearly below the medical standard of care.

Hi, this is Chris from the eICU. How are you?

I'm just making my rounds...

Steve: I'm sure there's a time and a place for telemedicine,

but in the intensive care unit?

And this eICU thing

is spreadin' like wildfire.

Female Reporter: Tele-ICU's e-care doctors

remotely monitor the patients

when the hospital's ICU doctors are not working.

This is the future of medicine.

Steve: It's currently at over 500 hospitals

in over 50 health care systems

covering 3.5 million critical care patients all across America.

Female Reporter: The telemedicine system is particularly comforting

overnight and on weekends when there is less staff.

Dr. John Laprie: I sleep a lot better at night knowing somebody is there,

they're watching after my patients.

It's at at time where I can't physically be present in the hospital.

Steve: And if you're a really lucky critical care patient,

you might even get a telecare ICU robot.

Man: Sarah, it looks like you've had a stroke.

We're transferring you to our Neuroscience Institute.

Can you smile for me?

Very good.

Man: Get your feet behind you.

Judie: OK.

Cindy: Judie is still at Harmony,

a community-based residential facility.

They take really good care of her,

and if she needs help, she has it in a second.

Judie: I can't even begin to get up.

Nurse: Grab onto the edge of the bed.

Beth: Mom has made amazing improvements

from being in a coma to where she is now.

But she needs help physically.

Steve: What are these contraptions?

These are my boots that are supposed to help me walk.

- Can you put 'em on by yourself? - No.

Steve: Mom's legs don't work

because of her coma and loss of oxygen to her brain.

From the waist down, she's suffering from spastic paraplegia.

Her feet are sort of frozen on her tippy-toes,

so she's at a risk to fall at all times.

Man: Slowly.

Beth: Her ability to understand

what her true abilities are is a bit clouded.

Steve: So this is how you put on your pants,

- you lean against the wall? - Mm-hmm.

That doesn't look too safe.

- You're gonna fall! - Oh, no, no.

No. I mean, I'm careful.

Beth: She can hold a conversation,

but she needs support and reminders.

Judie: Maybe I just better go.

- Steve: Mom. - Yeah?

Are you OK? You seem a little confused.

What day do you think it is?

( Judies sighs )

OK, well, it's Sunday night, Mom.

We need to be goin' to bed here soon.

Margo: Judie is so dependent on Steve.

She has become like Steve's child,

in a way, and he's having to take care of her.

And it breaks his heart.

( film projector starting )

Steve: I often think back to Mom's early days.

She was fiercely independent,

a free spirit.

( music playing )

In a family of doctors,

Mom was a rebel.

Two years after my sister was born,

our parents divorced.

For a long time, Mom struggled.

Then a friend took her on a road trip--

to Turkey!

( music playing )

Mom loved everything about Turkey,

including a Turk named Ramazan.

She went back to see him, and Turkey,

nearly every summer for 20 years.

After teaching special ed for three decades,

Mom retired.

And then came Mom's first grandson.

- A punching balloon, Mama! - ( cheering )

Punching balloon!

( whoopee cushion sound )

( laughter )

Judie: One, two, three.

All: Happy Fourth of July!

( laughter )

( monitor beeping )

Beth: We're very proud of Grandma.

Thumbs up for Grandma! Whoo-hoo!

I'm tired of this bed. I'm tired of this place.

I just want to come home...

and be surrounded by my-- by my personal things.

Benjamin: By your things that you know.

Judie: Yeah.

Steve: What Mom doesn't understand

is that because of her cognitive and physical injuries

the only way she can come home

is with 24/7 live-in care.

I don't agree with them. They're wrong. ( crying )

Steve: So you really think you can just go home

and you wouldn't need any help?

I really do.

And what happens when you fall and break your hip?

I'm not gonna fall.

What happens when you get in trouble at the house?

I don't know. I'll work it out.

The number one thing for me is that you are safe.

Woman: Welcome to Home Helpers.

You've come to the right place.

Both: ♪ I once was lost ♪

Who doesn't want to stay at home?

I like it better at home.

Narrator: What does Home Care cost?

Ten to fifteen thousand dollars a month

if your parent needs round-the-clock care.

Steve: Holy hell.

If we bring Mom home,

it will cost double what we're paying at Harmony.

How does anyone afford this?

If we take her home and we spend all her money,

we got no backup plan, we got nowhere to go.

Mom's home, 5590 Engel Lane,

has always been hope.

She's been living to go home.

So what do we do?

Do we go for home, which is hope but not safe,

or do we go for safe, which is not home,

which shows no hope?

Ted: Every time I ask

about Judie coming home,

I'm told another excuse that

- she can't afford it... - Steve: Ted, I don't think there's anyone in this room

that doesn't want her to come home.

We're not trying to say, "We don't want Mom home."

This is the laundry list of costs.

The person in the house.

We've got meds, food--

for not just Mom, but for the other person--

we've got therapy, we've got Depends,

we have transportation, car,

house insurance, car insurance,

health insurance, all of your utilities,

taxes-- state, federal, local.

These are our costs. This is reality.

But getting her home and back to normal...

Beth: Mom has limited resources.

Mom worked her whole life, busted her butt as a teacher--

- I thought I saved enough money for-- - Beth: You saved enough money.

Margo: If this hadn't happened, you would have been great.

Beth: She saved everything she could

for her retirement--

not for her to have to pay

an incredible amount of money for her care.

She is gonna need help for a significant period of time.

And if we run her resources dry,

I don't know where she's gonna go.

- You understand? - Ted: Sure I understand.

Of course I understand.

I just want you to be protected.

- I know. - And I want you to live your best life.

- Your best life. - I know. I know.

- No matter what that is. - I know.

This is the most stressful thing

I think we've ever been through, I've ever been through.

I personally can't stand it, you know.

Steve: We're doing the very best we can.

Your daughter lives in India. We live in California.

You guys live in Ohio.

Frankly, I'd like to salute us as well.

We're doing pretty friggin' good! Look at her!

I looked you right in the eyes, and you were dyin'. OK?

Yeah. I know. I know.

Keep fighting.

The lawsuit moves forward.

From the super lawyer of the State of Wisconsin,

Lynn Laufenberg, who thinks we have a great case.

I've been livin' for the lawsuit.

Ted: It's David versus Goliath.

But there's no doubt in my mind

that there was negligence, and it makes me sick.

Steve: I'm gonna continue to fight in the lawsuit.

It's the only way we can afford to bring Mom home.

We're doin' OK.

For a family of misfits, we're OK.

Judie: Family of misfits?

We're not pretty, but we're effective.

( Judie laughing )

Laufenberg ( on phone ): And the lawyer, if they lose 90% of these cases,

you're not gonna be in business very long

because the statistics will catch up to you.

Steve: Yeah.

Holy shit.

Our super lawyer just quit.

And not just our case, but at least for now,

all medical malpractice cases.

Laufenberg: When you lose five out of six of these cases,

you begin to question your own abilities.

You wonder if it's something you're doing wrong.

Just mentally and emotionally it wears you down.

You say, "Why am I doing this?"

Nobody wants to play cards

- with a stacked deck. - Right. ( sighs )

I wish you the best.

Steve: It wasn't easy, but luckily,

we found another super lawyer.

Steve: Seems like you guys are going extinct.

Mike End: That's true. Just keeps getting worse.

The legislature has been very active

in trying to make things more difficult for patients

and easier for doctors to defend the cases.

Steve: Mike End says there's an iron curtain of laws

that have been quietly passed in Wisconsin

that make it nearly impossible

to hold doctors and hospitals

accountable for their mistakes.

Like the law that says doctors don't have to testify

against doctors even if they see wrongdoing.

End: The patient's treating doctor

has an absolute pass

as far as giving testimony that might help the patient.

It's a so-called privilege

that the treating doctors take advantage of.

Doctors just don't want to rat on another doctor.

Steve: Or the law that states

if you don't have a spouse or any minor kids

and a doctor or a hospital kills you,

you have no rights.

For your mother's case, if she had died that night

there would be absolutely no case that could be brought.

Steve: Or the law that says the doctor can admit his guilt

and say he's sorry, but it can't be used against him.

End: We've had a number of cases where the doctor

at deposition said,

"It's all my fault,"

yet the insurance company for the doctor said,

"We're not gonna settle,"

knowing that they win 90% of the time.

Steve: Wow.

Wisconsin just mirrors

what has been happening nationally.

Steve: All roads lead back to the insurance companies.

Their whole plan is to...

drag this shit out as long as they can.

Steve: How long does it take

from the day that somebody calls your office

to the day that they have their day in court?

It's probably three years

from when you file the lawsuit until you get to trial.

So it's a long process.

- ( audience clapping ) - Man: Thank you. Thank you very much.

( recorded music playing )

♪ Maybe I didn't treat you ♪

♪ Quite as good as I should have ♪

♪ Maybe I didn't love you ♪

♪ Quite as often as I could... ♪

Steve: Though few and far between,

Mom does have good days.

Oh! ( laughing )

♪ Happy birthday, happy birthday... ♪

Oh! That's so funny.

That's the funniest-looking card I ever did see.

Cindy: You catch her on a good day,

she seems completely fine.

Unless you catch her on a bad day.

Steve: Why are you sitting in the dark, Mom?

Judie: Because I like to.

Have a couple little donuts?

I'm sorry, I don't feel like it.

Well, that's a first.

I'm at a point I don't even care.

- I just don't. - No one's quitting.

You took a major hit, Mom.

We didn't know were you gonna wake up.

You'd be on a ventilator somewhere, right?

- Judie: Probably be better off. - Steve: No.

I'm not much good to anybody anymore.

( crying ) And I'm never gonna drive again.

I just have that feeling.

- And I don't know-- - Kneuppel: That's a tough one.

If I can't drive again, then there's no point in living.

Kneuppel: This is not how she envisioned her life.

I would hate to see Judie just sitting here,

isolated, depressed, and a physical mess.

I want more for her out of life than that.

( Judie on speaker )

Steve: Are you absolutely convinced

you could drive safely right now?

Steve: How do you tell your brain-injured mom

she'll never drive again?

My strategy is to let her find out for herself.

If she's up, I'll be shocked.

Mom, it's 11:20.

Why are you not up?

I'm ready.

Let's go. Chop chop.

Steve, you like to grill me.

We can find an empty parking lot.

There's not gonna be a lot of people there,

just in case things go-- who knows?

- It's gonna be OK. - I'm not worried.

I'm a little worried.

( laughs ) Oh, you're a little worried.

Just, you know. This is just an experiment.

- It's not official. - I am a very good driver.

- I taught you to drive. - You did.

- OK. We'll put you in the car and then we'll-- - ( clanks )

Look at you. You're already crashing into your walker.

Steve: This is gonna go well.

You remember all the things you have to do to drive?

- Mm-hmm. - You know, brake, accelerator,

brake, accelerator.

- Reaction. - Oh, Steve, come on.

- Mom, I'm not kidding. - I'm not gonna fail on this.

All right, we're just gonna have a little fun here, right?

- Judie: Mm-hmm. - Steve: No big deal.

I think I'm gonna be OK.

This may be the stupidest thing I've ever done in my life.

All right. Let's start the car.

- What are you doin'? - I'm trying to--

( both laugh )

I don't know how to start the car.

( both laughing )

We're off to a good start.

I'm gonna try it.

- ( engine starts ) - All right.

I want you to practice going from your foot to the brake, foot to the brake.

- OK. - Where are your hands?

They're on your leg. They're not on the steering wheel.

I can do both at the same time.

( both laugh )

All right, now we're in drive. We're gonna go really slow.

- OK. - OK.

( engine revs )

All right, all right, all right. All right.

Brake it. Brake it. Brake it. Brake it.

All right, I'll put it in drive again.

Now why don't you just do a loop?

Go ahead. Nice and easy. Very slow. Very slow.

- OK. - All right.

- Whoa. Not so fast. All right. - I want to go.

- Mom, here comes a car. - ( horn honks )

You're going right for the green car. That's not--

Mom, Mom, Mom. Mom.

Brake. Brake.

You gotta be cool.

- I am cool. - OK.

Let's park this puppy.

( emergency brake engages )

Well, what do you think?

Yeah.

I think I could do it.

Um, OK. Should we go to lunch?

- Yeah. - All right.

Want me to drive?

( both laugh )

Steve: Mom's judgement is way off.

We meet with a neurocognitive doctor

to find out what the hell is going on.

There's like 30 to 40 different tests,

testing reaction time or sequencing.

The trail making test,

the Stroop color word task test,

the Wisconsin card sort test, the above-average range test,

animal naming test, semantics categories test,

verbal fluency, verbal retrieval.

Twelve hours of testing later...

Mom is diagnosed with permanent brain damage

affecting her memory, judgement, and reasoning.

Worse, because of her brain damage,

Mom doesn't even know she has brain damage.

He says she has the cognitive abilities

of like an eight-year-old.

The only good thing about this devastating report

is that is strengthens our legal case.

( music playing )

Man: Look at Raoul

bouncing up and down!

Steve: Back in show biz...

Man: Oh, my! Plastic Cup takes a nasty spill!

Steve: ...I was nearly fired from one of the few directing jobs

I was even able to pursue

because of being on the phone all the time

dealing with my mom's care.

( music playing )

On top of that,

I get dumped by all my agents

here in the States and overseas.

- Come on! - My agents dumped me without telling me.

They say I've been gone too long

and that brain damage ain't funny,

and funny is money, so no funny, no money,

so there goes my livelihood,

not to mention my health insurance.

Holy crap.

Cindy: It's a slippery slope right now.

And...

Steve's just doing his very best.

He's been working on three scripts

in the last few years,

but because of Judie's injury,

he has not been able to... to work on those.

Margo: What has happened to Judie

has very much affected how Steve reacts

to the world around him.

His sense of humor is still there,

but he fears the loss of it.

And I think it's a valid fear,

because that's how he's always made his living

and that's how he's always perceived himself.

- I'll call again about the insurance. - OK.

Margo: This has impacted us financially,

because without my job, we couldn't be doing--

Steve couldn't be doing what he's doing.

My parents had left us a little money,

so all that we've had to utilize,

which we didn't want to do ever,

but we've had to because this has

taken over our lives.

I love you.

( cheering )

Crowd: Go, Scott, go! Go, Scott, go!

I want to tell every worker,

every family, and every business

that you have an ally in the governor's office.

Wisconsin is open for business.

Steve: What the governor really means by big business is tax cuts,

which translates into less money for health care.

End: The legislature in Wisconsin

it not a legislature that's friendly

to the citizens of Wisconsin, or to people injured.

Female Reporter: Families of those killed

by people they believe were negligent

are pleading not to pass a bill to reform civil lawsuits.

The bill lowers the standard for negligent activity

by nursing home workers and even drunk drivers.

To allow a bill like this to go through

kind of wiping out that accountability is ludicrous.

Female Reporter: Lawmakers are arguing changing the law

will make the environment better for business.

Dr. Makary: Politicians talk about

how to fix the broken health care system,

but they're not really talking about fixing it,

they're talking about how to finance

the broken health care system,

how to pay for health care differently.

Steve: The business lobby says it will create jobs.

Man: This is not a jobs bill.

It's an abomination,

what they've done to protect wrongdoers.

Nursing homes are being populated

by people who are being discharged from hospitals.

It's not just elderly people.

So when someone says,

"We should limit damages because all these people are old anyway

and they'll be dead in 10 years," that is not true.

We need to stop talking about how to finance health care differently

and start talking about how to fix the root problem.

Steve: It starts to become very clear

this isn't just Aurora we're fighting,

it's the whole system that protects the business

of corporate medicine.

Hey.

- Judie: How are you? - I'm all right.

So those cognitive tests,

there are areas that your brain suffered damage.

There are connections there that are broken.

So I have permanent problems with the brain,

is that what you're saying?

That's what he has said.

Permanent cognitive brain damage with your judgement.

I don't see that I have any problems.

These are medical facts. I'm not making this up.

Well, that messes us up for me going home.

But why are you so insistent

that I cannot handle this on my own?

I'm supposed to do what's in your best interest.

And I know that you going home is not in your best interest.

I don't know if I'd do it or not, but I might.

What are you talking about?

I'm talking about, you know,

figuring out a way to end my life then,

because I don't want to spend the rest of my life in a place like this.

This is not living.

I mean, I just subsist from one day to the next.

But you won't let me go home.

Mom, you don't necessarily understand.

Going home, it's gonna be rough on you.

Even if we tried it out?

( music playing )

- Cindy: Judy's here! - Hi!

Steve: We agree to bring Mom home for a round of tests--

a run-through of what a typical day at home might be like.

Cindy: Let's say you're just sitting up.

What are some of the things that you would need...

Maybe I can run to the bathroom.

No, you will not be using this bathroom.

I know. It's too narrow and I can't get the walker in.

Steve: Next up, the downstairs bathroom.

I hold on here-- here...

and I'm up in a flash.

- You've changed your Depends. - Yes.

And you have your clothes on for the day.

I'm ready to go to a party.

- Coffee? - Oh, yeah.

Steve: I like how you're balancing yourself

on your forehead there, Mom.

I can do this.

Cirque du Soleil.

Now I'm coming over to the sink.

What's in the way?

Look down.

Oh! I didn't see that.

( exhales ) Oh...

Judie: Obviously you're thinking I cannot go home.

You think that this house is safe for you right now?

It's OK!

How are we gonna manage you at home?

We all live very far away.

Kneuppel: If for some reason you take a fall,

are you prepared for that?

Seriously, do you really understand what that would mean?

Judie: I do understand.

What would it mean if you fell?

It would mean problems for me, yes.

And that really means Steve. I don't know if you know that or not.

I know that. I know it.

You can't call Steve if there's a problem.

Oh, I won't call Steve.

You can be sure. I won't call him.

I will not call you. Ever.

- ( all talking ) - No, no, no.

I won't be calling you with problems.

Well, but that's all there's gonna be!

- ( sighs ) - What you're gonna do is,

you're gonna put yourself at risk. And Mike End told me,

"No matter what, keep her healthy. Keep her going."

'Cause you're gonna have to testify for yourself.

Well, I'm sure-- Are they gonna allow me

because I have the brain damage?

Because you keep saying that I have damage. Damage, damage, damage.

You know what? I wish you showed half the anger toward Dr. Bauer

that you show toward me!

- I know. Well-- - I didn't do anything to you!

You can be mean to me all you want.

But you know what? Do me a favor.

If you could just show me a little courtesy

and get a little bit angry every once in a while

about the guys who actually took you down.

- That's true. - 'Cause it wasn't us!

I just-- I don't care. I've had it.

I don't want to talk about any of this anymore.

- Well, we have to. - I don't want to.

Wherever you want to put me is fine.

Don't leave it up to me because God knows,

do I know anything in my head? No. No, no.

"Your brain, your brain is off. Your foot is off.

Oh, my God! How can you take care of yourself?!"

How do you know that I can't take care of myself

unless I actually do it?

And if I fall, or if I fail at it,

then so be it. It's my life.

I wish I hadn't lived.

I should've just died. It would have been much better.

- It would have been so much easier. - I know.

"Oh, too bad. She died at 71." Oh, God.

Steve: I cannot believe I yelled at my mother.

I'm starting to lose it.

We need Mom's day in court to happen. Now.

But our lawyer hasn't even filed the lawsuit yet.

We can't even smell our trial at this point.

And while we wait, Mom goes broke.

Literally paying for the injuries inflicted upon her,

Mom's 50-year life savings is gone in less than three.

Her excellent credit? Obliterated.

So now she's on Medicaid and Medicare.

Turns out the management at the facility

where Mom just spent her life savings at

doesn't seem to like people on Medicaid.

So they try to move Mom into a single room

with another Medicaid patient,

a 99-year-old blind woman named Mary.

Or we can pay the $700 private room fee,

actions the lawyer we were forced to hire

says may be contrary to federal Medicaid law,

as we simultaneously try to protect Mom's home,

because the only way we can afford to care for Mom at home

is to sell Mom's home!

But then there's no home!

And because I get Mom's mail,

the State of California thinks Mom lives in California

and demands Mom start paying California taxes.

So now I gotta prove Mom lives in Wisconsin,

which is not so easy when even Wisconsin thinks she lives in California.

And without even trying, I'm having to deal with an endless nightmare

of insurance shenanigans, financial skullduggery,

bureaucratic bullshit.

And because everyone at her facility

is so much older than she is,

Mom is refusing to leave her room

because every time she makes friends with someone,

they die.

We are drowning in a tsunami of shit.

I really need help.

So I call my Uncle Ted.

( phone ringing )

Ted: Hi, Steve, how are you?

I'm OK, how are you?

You want to talk to Cindy?

No, I actually am calling to talk to you.

- Oh. - I want to pick your brain

on all things medical, financial, legal, et cetera.

I'm more than happy to come to Dayton to--

I don't think that's necessary, Steve. Really.

How would it not be productive for her brother and her son

to sit down and talk about her issues?

( sighs ) I just can't answer that question.

You know, Ted, you were the one that told me to become power of attorney,

you were the one that told me to get the medical records,

you were the one that told me to get an attorney.

I did exactly what you asked me to do.

Oh, I didn't ask you to do it, it was a suggestion.

No, you said, "We will sue."

You told me to get the medical records that day

because you told me that they would change the records,

and you told me to get an attorney.

Yeah. I would tell you the same thing today.

I haven't changed my opinion on that at all.

So you don't-- you don't want--

Do you not want to help Mom?

Ted, I'm begging you to help my Mom.

Everybody who loves Mom has been involved in this thing.

Everybody.

OK, that's your opinion. That's your opinion.

So you are certainly entitled to it.

So this is not about Mom, this is about me.

I'm just telling you I'm not interested

in talking to you about this.

That's what I'm telling you.

I'm gonna go, Steve.

( phone hangs up )

( phone beeping )

( sighs )

Steve: Sounds like Ted's out.

Which is unfortunate, because we need Ted for the lawsuit.

The hardest thing through this whole thing is,

I'm up for the fight with the insurance companies

and the corporations and the doctors and the hospitals.

I'm up for that fight.

If we have a team, I feel like we can do anything.

But the team... it's shaky.

Margo: Steve's had betrayals at every turn

from people he trusted.

People who he counted on.

( music playing )

Test.

- Test. - Steve: For Christmas,

my sister got me a spy pen.

If I could just get some truth,

it could really help my mom and our case.

I'm gonna start where it all began--

with Mom's surgeon, Dr. Mark Bauer.

( line out ringing )

Dr. Bauer: Hello?

Hello, is this Dr. Bauer?

Yes.

Hey, this is Steve Burrows.

Yes, hi. Been a long time.

- How are you? - I'm fine, thanks.

I'm comin' to town next week,

and I was wondering if maybe I could borrow you

for 10, 15 minutes.

Next week will be really busy.

I've got an awful lot of surgeries,

- but I can find some time. - Great.

I'll call you on Monday when I land.

Talk to you then.

( phone hangs up )

Charge up the spy pen.

Spy pen, check.

Steve: It soon becomes very clear

I have no idea what the hell I'm doing.

Does it look like I'm pointing up,

or is it pretty straight right now?

- Beth: It's pretty-- - Dan-O: Straight.

Testing, testing, one, two, three.

Steve: Dan-O's shooting me, I am shooting Dan-O.

Dan-O: Test. Test.

Steve: If I can pull this off, at least this time,

I'll have Dr. Bauer on the record.

Hey, Dr. Bauer. How ya doin'?

Hey, you like Chinese? Have a seat.

Yeah. I wanna-- Yeah, it's good to see you.

Oh. How ya doin', Dr. Bauer? You like that?

( Margo speaking )

- ( laughs ) I just cut myself. - ( laughs )

Steve: I'm meeting Dr. Bauer at 3:30 at Panera Bread.

It's 3:00.

If the person that he's operating on now

had the same kind of luck my mom had,

we're not gonna see Bauer for another seven hours.

I hope he doesn't cancel.

Steve: My cameraman Dan-O

will sit in a booth across the way

with his own spy pen.

Dr. Bauer was a good guy.

We were friendly. We were pals.

I know he cared about Mom.

I think he still cares about Mom.

I like this spot right here.

I'm sure he has a lawyer, and I'm sure

his insurance company's told him to shut up.

- Dan-O: Let's get outta here. - Go.

( chatter )

Steve: Hey. How's it goin'?

( Dr. Bauer speaking )

Steve: So yeah, uh, I appreciate you meeting with me.

I don't know. Do you know what's going on with Mom? Have you--

'Cause people ask me, I mean, constantly,

what happened to her?

And the only thing I can come up with

based on just the records,

is that she didn't get enough blood.

Yeah.

( sighs )

Right.

Did she just fall through the cracks? I mean, could it have been--

eICU.

Yeah.

If you were in my shoes right now, what would be--

Yeah.

Do you think they'll ever tell the truth?

Dr. Makary: We have a Bermuda Triangle of

a lack of accountability in health care.

There'll be a fair amount of harm

with very little recourse in the system to address it.

Steve: What happens to medical care if there's no accountability?

I'm sure Dr. Bauer didn't want the end result of my mom's hip surgery to be brain damage.

But if it happens and he knows that, whether it's his fault or not,

there's no repercussions to his record or he's not gonna pay a cent,

why would anything change?

I take Dr. Bauer's advice

and go talk to Aurora.

Steve: Hospital administration, is that down...?

- To the left. - Thank you.

Steve: Specifically the head of risk management.

Steve: How are you?

A woman who hasn't gotten back to me in a year and a half.

Steve: I appreciate your time.

( Steve continues )

Right.

I have, yeah. Yeah.

Now Aurora is pointing the finger at Dr. Bauer.

And now they're blaming Mom!

♪ Celebrate good times, come on! ♪

♪ Celebrate ♪

♪ Celebrate good times, come on! ♪

- ( answering machine beeps ) - ( Beth speaking )

Beth: Who am I?

Nurse: She's got allergies?

Uh, um--

Mom sat in a hospital all day with stroke-like symptoms.

Beth: This is your daughter, and your son is on the phone.

- Steve is on the phone. - OK.

- Steve, say hi to Mom. - I'm here, Mom.

- Can you hear me? - Uh-huh.

- Can you hear me? - Yeah. Thanks.

Steve: Aurora St. Luke's did not treat her for a stroke

while she's having a stroke.

Beth: She's just having such a hard time responding to anything.

They treated her for a seizure.

My sister sent video of my mom during this stroke

to my Aunt Cindy.

She said it's definitely a stroke.

I call the hospital,

the hospital says they'll do further testing.

This morning they call me and they tell me

my mom had a stroke.

With permanent brain damage.

( speaking nonsensically )

Attendant: Hi!

It's nice to have you back!

Well, I-- I'm-- I'm--

I--

Steve: One of Mom's therapists taught me a little secret.

She might not ever talk well again,

but Mom might be able to sing.

Steve and Judie: ♪ Doe a deer, a female deer ♪

♪ Ray, a drop of golden sun ♪

♪ Me, my name I call myself ♪

( Steve speaking )

Judie: Oh, yeah! Ha ha ha!

( laughs )

Steve: Complications from her brain injuries

have put Mom in the hospital

18 times in the last two years,

forcing the doctors to insert a catheter in Mom's stomach.

Steve: What's the problem here?

She'll now be strapped to a bag

- for the rest of her life, - Hold this up.

with tubes that need to be changed every month.

We'll need your arms out just a little bit.

- Orderly: Whoa. He-ey! - Steve: What's happenin' today, Margo?

Uh, catheter came out.

Totally out.

Dr. Makary: In health care, the same mistakes

happen again and again

as if we're not learning from our mistakes.

Dr. Makary: We throw good money after bad,

and the premiums go up every year,

and the problems in health care continue to be endemic.

In aviation, when there's a crash,

things will change for the pilot community

with a through investigation

so that it doesn't happen again.

But in health care, there has not been

this systemic, planned protocol

for us to formally learn from each other.

- First name? - Steve: Meanwhile,

despite me being Mom's activated power of attorney since her coma,

not to mention her being incompetent,

Aurora keeps having Mom sign her informed consents...

over and over...

and over.

Steve: You didn't know my mother,

you didn't know her name, you don't know my name,

you don't know that I was an activated power of attorney.

Steve: All right, thank you very much.

- OK. Bye-bye. - Bye-bye.

( phone beeps, thuds )

Steve: I never did hear back from Aurora.

It's been over four years and counting.

Mom continues to sign her informed consents.

- Steve: 740? - Margo: 740.

- This is it. - Good.

Steve: After four long years since her coma,

depositions in my mom's case finally begin.

- All right. - Let's do it.

But first, a recap.

After walking on a failing hip surgery for months,

Mom falls again.

She lay in pain for eight days with no plan of care.

She's suddenly rushed into hip surgery

while still on Plavix.

Mom loses over half the blood in her body.

She's taken to the ICU, where her blood pressures

drop repeatedly to deadly levels.

The bedside ICU doctors were replaced that night

by a camera doctor,

but we were told that camera may never have been on.

The Aurora ICU didn't even notice Mom was in a coma

and had suffered irreversible brain damage.

Steve: How you feel right now, Mama?

Oh-- Oh-- OK. OK.

Steve: The size of this table is just--

I wonder how long it is.

After 30 depositions over two years,

and $100,000 cash in legal costs,

no one denies the brain damage happened,

but no one takes any responsibility for it.

Weirdly, Mom's not the only one now with memory loss.

I don't remember.

I don't remember all the specifics.

Generally, I do.

My-- My recall, I-- I cannot recall the phone call.

I don't recall when this incident occurred.

I don't have a precise...

recall of that.

I don't recall today, no. I don't.

Steve: And then the blame game.

I had no idea at the time

how low hematocrit was, or hemoglobin.

I had no idea. I wasn't--

I figured he's takin' care of that.

He responded to me

that he had operated on patients on Plavix before.

That he was aware of this,

and that he felt it was safe to proceed.

I would only go forward if he cleared her.

It is not my role to tell Dr. Bauer

whether or not he should do the surgery.

If he had not cleared her, I would not have gone forward.

I wouldn't have done the surgery.

Steve: I've been trying for six years

to find out who was in charge of my mom's care.

Who was in charge of Mrs. Burrows' care

in the ICU that night?

Steve: But it seems like when we get close

to finding out what really happened...

Man 1: Object. That's repetitious

and it's got a legal conclusion.

Let me just object to this point...

( repeated objections, all worded the same )

I think in all fairness to Emily,

I think we have to stop the deposition.

Steve: In his deposition, Dr. Bauer testified

that he operated right away because Mom had been in so much pain,

would need the surgery anyway, and had been cleared by her primary care doctor.

She had been on Plavix for her first hip surgery with no problems,

and if patients like her lose blood, he said it's replaced with transfusions.

He also said that her bleeding could have resulted from the length of the surgery

and bone injuries from her failing hip.

End: Can you tell me what your memory is

of Judith Burrows,

as a patient and as a human being?

( clears throat )

I actually looked forward to her visits.

She was fun. She would come in her Turkish dancing outfit.

She'd come in with her friend Nora.

She'd come in all-- and she was a wonderful person.

( voice breaking ) I really enjoyed taking care of her.

( clears throat ) She became someone in our office

that people looked forward to seeing.

End: Can you tell me what you told

Mrs. Burrows' family members

about how she ended up in this state?

Steve and I had several conversations.

But I don't think I ever came to the conclusion

that any one singular event or one person

was responsible for the outcome.

( Dr. Bauer speaking )

But I never told anyone in that family

that one person or one set of doctors

was ultimately responsible for the outcome.

Steve: The only person with Mom in the intensive care unit

that night was Emily, the nurse.

In her deposition, Emily testified that she reported Mom's clinical status

to the eICU several times throughout that first night

and received treatment orders, which she followed.

Her notes show Mom's blood pressures fell below 50.

But five days later, Emily told my Aunt Cindy and I

the blood pressures never went below 90.

Two hours after that conversation,

Emily went into the system

and according to Aurora's own records,

changed those records.

We don't know exactly what she changed,

but we do know Emily went in at least three times

and modified at least six things.

( computer sounds )

End: Do you know why you modified it?

- No. - Do you know when you modified it?

No.

Do you know if there's any way to figure out

when you modified it?

No.

- You don't know? - No.

Steve: And when Aurora finally had

an actual ICU doctor show up in the ICU,

it was Dr. Darmstadter,

a physician who didn't seem to realize

just how much trouble my unresponsive mom was in

for two days, let alone notice the fact

she had fallen into a coma.

End: Do you have any note

that indicates her level of awareness?

Could you define "awareness"?

End: Were you able to communicate at all

with Mrs. Burrows on the 19th?

No.

Was that something that concerned you?

( sighs )

No.

( camera clicking )

Steve: The defense takes our family depositions as well.

- Woman: Raise your right hand, please. - Yes.

Do you solemnly swear to tell the truth,

the whole truth, and nothing but the truth,

- so help you God? - I do.

Steve: Things go great for us,

until my Uncle Ted's deposition,

where suddenly Ted appears to change his story, repeatedly.

About knowing Mom was on Plavix,

and about knowing Mom was going to have surgery.

One statement is particularly devastating.

Steve: You told me to get the medical records

because they would change the records,

and you told me to get an attorney.

Ted: I would tell you the same thing today.

I haven't changed my opinion on that at all.

Steve: Because my uncle, a doctor,

is no longer credible as a witness,

Mike End drops Ted from the lawsuit he initiated.

We decide as a family to not tell Mom.

Aurora says their electronic ICU

offers an unprecedented level of care

for Aurora's sickest patients.

But it does not replace the physicians at the bedside.

But as my mom found out the hard way,

there may not even be a physician at the bedside--

a fact Aurora never told us.

End: Was there a doctor in the ICU that night?

I don't recall seeing one.

Nurse Emily: The physician,

whether it be Dr. Bauer or Dr. Lillie,

they're the ones that make that call

whether that patient needs an intensive care physician.

It's up to the nurse or perhaps a doctor

to make a decision who to call, under what circumstances.

It was my best assessment at that time

that care was being transferred to Emily the ICU nurse.

Steve: In fact,

the only doctor who had anything to do with my mom that night

was the one out by the airport.

End: Do you know whether

a physician was working

in the ICU at West Allis Hospital that night?

I would not know that.

Who is the doctor in charge of that patient's care?

- I-- I don't know. - Man: Objection.

Steve: So the camera doctor that replaced the bedside doctor

doesn't even know she replaced the bedside doctor,

the same bedside doctor Aurora said their system doesn't replace.

End: Your role as the eICU doctor

was to provide the best care that you could.

I disagree. I'm not the person providing the care.

Do you have any estimate as to how many patients

you were providing care to that night?

It could be anywhere from 125 to 150,

is my best guesstimate.

The average daily census was somewhere around 160.

Steve: That's one eICU doctor

covering multiple bedside ICU doctors

who may or may not be there,

while also covering 160 critical care patients

at 18 Aurora ICUs.

At least the camera's on, right?

No, it's not on all the time.

End: Is the camera usually on?

No, the camera's usually off.

Steve: Holy crap, the cameras aren't on?

Are there rules for this?

Dr. Scoon: The ICU does not have

a formal written policy about eICU.

I don't think we had felt a need for a policy.

Steve: Forget who's in charge of Mom's care--

who's in charge of health care?

End: Is there a benefit

for a patient to have

a doctor present

to see and evaluate the patient

versus a doctor not present?

And I'm talking about Mrs. Burrows.

Man: I'm gonna object. That's overbroad

and vague as to circumstances.

( End speaking )

- ( chuckles ) No. - You don't?

No.

Dr. Makary: If there's the general attitude

that "I did my job, and that's just somebody else's role

to fix this part,"

that's when the care is very dangerous.

And that's the problem with corporate medicine.

Medicine needs to be personal.

The problem needs to be addressed

with a whole new approach

designing safe systems in hospitals

and making the care patient-centered

so it's not focused on the business model

but instead on the patient outcome.

Steve: I wonder about the hospitals

that are actually getting this right.

Steve: On our way to the Mayo Clinic.

Charles M. Harper, Jr., M.D.: This is the reading room.

But originally, they had all of their staff meetings here

of the physicians and scientists of Mayo Clinic.

Look at out there. That's the whole campus?

Dr. Harper: Yeah, that's looking over downtown Rochester.

These are the founding fathers.

Their father was the initial surgeon.

Here at Mayo, we focus on clinical integration,

so it's integrating everything around the needs of the patient.

That's our number one goal,

is to "Do no harm."

The essence, really, of everything is teamwork.

If a team is looking at an issue,

you're much less likely to make mistakes.

We also make sure

that the primary person who's responsible

for that patient's journey through Mayo

has the time they need to spend with that patient

to really understand what the key issues are.

And if someone has an adverse event,

we are open and transparent with patients

and their families about what happened.

Accountability and transparency are very important-- sharing information.

You have to understand all of the factors that went into that event.

Maybe we're making 'em work too many hours.

Maybe we're not giving 'em the systems to support it.

We can't keep going down the path that we've gone before.

We have change the conversation,

shift the focus,

from financial incentives to quality outcomes

for the benefit of an individual patient.

- Doctor. - Great to see you.

Steve: Remember those anesthesia records?

Dr. Bauer and Dr. Hoyme both kept telling me the very same thing.

"The records are impeccable."

( Dr. Bauer speaking )

Remember what my Uncle Ted said all those years ago?

Ted: All the blood pressures and the pulses,

I think that was falsified.

Steve: The fact is,

after a year of expert witness depositions,

multiple esteemed doctors on both sides agree

on two things: Mom suffered massive loss of blood

in a routine hip surgery, and because of that,

Dr. Hoyme's handwritten anesthesia notes

make no medical sense.

Dr. Kenneth Candido: The blood pressure and heart rate

appear to be extremely inconsistent with somebody

in severe hemorrhagic shock.

It'd be surprising that a person would lose

that much blood and yet have

their vital signs remain stable to the degree

that's evident on Dr. Hoyme's records.

I did not see the normal physiologic variations

that you typically see

when somebody has a blood count that low.

Mrs. Burrows exited the operating room

at approximately 2200 hours on the 18th of November

with artificially elevated vital signs.

Steve: Our expert, Dr. Leo,

in his testimony,

agreed that the totality

of Dr. Hoyme's anesthesia record

is a virtual medical impossibility.

Then there's the mysterious Dr. Smullens.

Why did two ICU doctors tell our family

that a Dr. Smullens was Mom's anesthesiologist?

And why did Dr. Bauer tell us

Dr. Smullens was in surgery helping Dr. Hoyme

for two to three hours?

End: Do you know a Dr. Smullens?

- Yes, I do. - Who's he?

He is an anesthesiologist in my, uh, group

at West Allis Memorial.

Was he ever in the operating room

for this operation for Mrs. Burrows?

Not that I recall.

Steve: Why does Bauer remember that a second anesthesiologist

was in surgery for two to three hours,

but Hoyme doesn't recall?

And why do Hoyme's impeccable records

seem to reflect a virtual medical impossibility?

- ( chatter ) - Man: How'd it go?

Steve: Aurora and the defense

try to have Mom's case completely thrown out.

We have some surprising news.

It's good.

But the judge rules in our favor,

and a trial is set for June 2016,

seven years after Mom's hip surgery coma.

( Judie speaking indistinctly over phone )

I will see you-- I might see you next week, Mama.

Steve: That's your judge.

- ( Judie laughing ) - Your judge...

...your attorney, and your son.

( laughing )

And you're finally gonna get your day in court. What do you think about that?

I think it's-- it's--

r-r-r-r-remarkable.

Steve: In a cruel twist,

Mom falls while trying to pick out what to wear for her big day,

leaving her unable to attend her own trial.

Steve: My mom falls down and breaks her arm,

breaks her pelvis, and can't talk.

She can't talk!

And then, in the lead-up to our trial,

our attorney decides the best way to win

is to focus on the hospital,

the ICU nurse,

and the eICU camera doctor,

dropping from the case the surgeon,

the anesthesiologist,

the primary, and the intensivist.

Steve: Seven years we've waited for this.

Fighting for my mother. She's lost everything.

Steve: If you could have whatever you wanted, what would it be?

My little house in Greendale.

We're gonna work toward that, aren't we?

And my car.

That's what we're working toward, right now.

Steve: As plaintiffs, we have the burden of proof

to show that Aurora and their doctors

were a cause of Mom's brain damage

and that they were negligent.

Even without Bauer and Hoyme,

the deadly low blood pressures,

no doctor in the ICU,

and the eICU cameras not being on

should do the trick.

Mike End opens up with a video of Mom's pain and suffering

over the years that leaves the jury,

and even the court reporter, in tears.

It also helps that Dr. Leo hits a home run on the stand,

concluding Mom's permanent brain damage happened in the doctorless ICU.

The defense spends a great deal of time arguing

that Mom's pre-existing conditions

were largely responsible for her brain damage

while simultaneously saying her brain damage wasn't that bad.

Then they went on to tell the jury

about this wonderful new cutting-edge eICU system

for the intensive care unit.

They even shot a video just for the trial

starring Mom's actual camera doctor out by the airport

to show how truly great it is.

So now we're gonna do an actual demonstration...

Steve: In a particularly nice touch of absurdity,

the part of my mom in a coma

is played by one of the trial attorneys for Aurora.

( fanfare plays )

Dr. Ellis: I can maneuver the camera

in various directions.

It's somewhat limited...

and the camera, actually I can go right into

and look at I.V. poles, I can look at oxygen.

I'm gonna camera into the I.V. that we have--

sorry-- the bedside here.

( mouse clicking )

You would tell me what it is that you're concerned about

with your patient...

( mouse clicking )

...and I could go right in

and I could look at things such as

the bag of fluids...

...are hanging.

As you can see,

it's a bit... slow.

Steve: Ironically, no one at trial could testify

that Mom's camera was ever even on.

( whistling )

Things really seem to be going our way,

when suddenly,

after arguing Mom was in a coma

when she came out of Dr. Bauer's surgery,

lead counsel for Aurora tries bringing up

Dr. Hoyme's questionable anesthesia record

to get Nurse Emily and Aurora Health Care off the hook.

He tries using some of our most damning evidence against us.

After telling the jury to leave the courtroom,

even the judge admits, given the amount of blood loss,

we're all questioning what the blood pressures were during surgery.

But because Bauer and Hoyme are no longer defendants,

the judge states it would now be like chasing a wild goose

for a jury to find out if there's a mysterious second anesthesiologist,

why would Hoyme lie about it,

why did Bauer cry on video,

and if they're responsible, why aren't they here?

As the case goes to the jury, it strikes me that,

because of a total lack of accountability on anyone's part,

Mom has become a cottage industry

for over 150 doctors, seven hospitals,

50 health care providers, 10 law firms,

to name a few.

Judie Burrows and her injuries are big business.

And when Mom lost every penny she ever saved,

Medicaid kicked in,

meaning that every single American taxpayer

is now paying for the unaccountability of what happened to my mom,

not to mention all the other patients

who have been injured or died

due to the third-leading cause of death in America.

Something has to change so this doesn't keep happening to people.

Maybe it starts with this jury.

( quiet chatter )

Steve: The jury has a verdict.

Uh, the problem is, they've actually only been deliberating

for an hour and 22 minutes.

( music playing )

Steve: Years ago, one of the defense attorneys

asked me under oath

if I had any intention of using the litigation

of what happened to my mom to make a documentary.

I told them there was no film at that time,

but that it was a possibility.

There was an objection by all parties.

Clearly, they didn't want these proceedings exposed.

They did want me to let them know

if we ever decided to make a movie.

Aurora and company, just lettin' ya know--

we made a movie.

( music playing )

( music playing )