DeVann, all too aware of his inferiority in the courtroom, leaned forward in his seat and grabbed a legal pad, scrawling something on it, completely missing the lines.
God, did this guy even go to school, Doug thought to himself as he watched, trying to block out the nasal tones of one of the many prosecution attorneys who was treading the boards before him.
"The prosecution calls Dr. Neil Bernstein"
Doug chewed his lip hard as his former nemesis walked to the witness stand and was sworn in. Behind him, Mark massaged his temples with one hand.
"Dr. Bernstein, will you state your position for the record please?"
"I'm Head of Pediatrics at County General Hospital"
"Thank you. I understand that up until late last year the defendant was answerable to you?"
"Yes sir, Dr. Ross was on my staff as part of an ER pediatric fellowship."
"And who funded this fellowship?"
"The pediatric department"
"But there was an agreement with the Emergency Room?"
"Objection, Your Honor. This all seems mighty irrelevant."
Doug, who had been mildly shocked that Clifton seemed to have good point, found the shock soon dispelled by the choice of language with which Clifton chose to make this statement. Nevertheless, Judge Lomak looked over the tops of his glasses down at the attorney.
"Does this have a point, Counselor?"
"Yes, Your Honor, if my esteemed colleague would just like to let me get to it."
A smattering of laughter from the rest of the courtroom slapped DeVann back to his seat.
"Dr. Bernstein, when you were paying for Dr. Ross's fellowship in the emergency department, would you say that he appreciated this?"
"Objection! Surely this question is asking the witness to vouch for how Dr. Ross felt, and no-one can explain that but the defendant."
The judge considered this for a moment. "Sustained. Counselor, please rephrase the question."
"Dr. Bernstein, did you get on well with Dr. Ross while you were funding his fellowship in another department?"
"No. Dr. Ross and I disagreed on a number of issues."
"Could you give the jury an example of this?"
"Sure. In 1995, Dr. Ross treated a boy aged about 9 in the ER because he had fallen and been knocked unconscious temporarily. Dr. Ross wanted to admit the boy for overnight observation, and I came down as a consult to establish if he needed to be admitted or not. I examined the boy and I was certain that, aside from a few bruises, he was fine and did not need to be admitted. Dr. Ross disagreed with my diagnosis and assigned the patient to my service an hour later without my permission."
"And am I correct in saying this was just one of many examples?"
"Yes sir. I considered not renewing his fellowship that year, and when it came up for renewal last year I was not going to renew it, because of our frequent disagreements and our funding was running low."
"How did it come about that Dr. Ross left your service?"
"He took the position of Pediatric ER Attending late last year which was funded through the emergency room and generous gifts."
"Thank you, Doctor. Defense's witness."
DeVann stopped scribbling and lurched from his seat, grabbing a sheaf of papers.
"Dr....Bernstein. Despite your reservations about Dr. Ross, would you say he was...is...a good doctor?"
"Uh huh."
"Can you please state yes or no for the court record"
"Yes. I wouldn't have a doctor on my service who wasn't good."
Trust good ol' Neil, Doug thought sarcastically.
"Have you ever seen him treat patients?"
"Yes"
"And would you say that he makes a good pediatrician?"
"Objection, Your Honor," one of the Armanis leapt out of his chair, "repetition of the previous question."
"Sustained."
"Uh..." DeVann shuffled his papers, trying to find the one no doubt containing his next question. "How did you feel about the establishment of a pediatric emergency center at County Hospital?"
"I had mixed views."
"Why was that?"
"Well, essentially it's a good idea, for the treatment of the kids and stuff, but practically it's much more difficult - you have to have different budgets, staff members who are devoted to that, plus funding for the creation of a separate area in an already cramped department."
"But surely you have your patients best interests at heart, Doctor? After all, I do not recall part of the Hippocratic Oath stating, "I will put bureaucracy above the needs of my patients...""
A small ripple of laughter ran around the courtroom, and the witness went a shade of plum.
"Of course I have my patients best interests at heart, and I take offence that you suggest I don't. But with any position in modern hospitals there is a level of bureaucracy that cannot and will not be ignored."
"So would you have said that my client would recognize this balance and make a good department head?"
Dr. Bernstein grinned slightly. "If you're asking me if I thought Dr. Ross was good with the business side of patient care, then I would have to say most definitely not. He seems to want to get as far away from rules and bureaucracy as possible."
"Maybe that's because he places a higher priority on looking after the children he cares for than you?"
"OBJECTION!" The whole prosecution rose to their feet, Doug could almost see the steam coming from their ears. He nearly laughed out loud - it seemed like this lowlife wasn't as bad as he thought.
"That's okay Your Honor, no further questions." DeVann returned to his seat, slightly flushed with the battle win.

But before either of them could get too happy, another Armani stood up and called the next witness to the stand. Mark Greene sat down on the edge of the witness chair hesitantly, and swore to tell the truth, the whole truth and nothing but the truth, so help him God. At the same time, Doug hoped that if God was going to help anyone, it would be him.
"Please state your name and position for the court record"
"Dr. Mark Greene, Emergency Room Attending Physician."
"Dr. Greene, your relationship with Dr. Ross goes beyond the ER?"
"Yes. We're friends."
"Close friends?"
"I guess."
"And the fact that you are Dr. Ross's superior at work doesn't affect the relationship at all?"
Mark glanced at Doug, who looked blankly back at him. It wasn't exactly that he blamed Mark. They both recognised his problem with authority. But it was the fact that Mark stood for all the things that got in his way. And the fact that Mark wasn't afraid to be in that position...there was something about that which made Doug unconsciously jealous.
"I...can't deny that it has put a strain on our friendship sometimes."
The Armani guy nodded, as if trying to appear understanding.
"Like the case of," he flicked his eyes down to glance at the single sheet he was holding, "Josh McNeil? I would imagine that caused a few, let's say, ructions between the two of you?"
Mark cleared his throat, throwing another glance at Doug, who this time looked away.
"Yeah."
"Would you care to elaborate please, Dr. Greene?"
"Doug...Dr. Ross performed a procedure called an ultra-rapid detoxification on one of his patients without my...the department's authorization. I had strong objections towards Dr. Ross, because he did the procedure without telling me, and because it was still in trial stages and the child could have been in danger."
"Did you have any notion at all of what Dr. Ross was up to?"
"Not in terms of the detox, no."
"In any other terms?"
Mark drew a breath. "Dr.Ross has treated the patient in question before, and he'd been quite forceful...the child was addicted to methadone as a result of his mothers own addiction during the pregnancy. Dr. Ross suspected that the mother was stealing her son's methadone for herself, and that's why he came into the ER, because he had withdrawal symptoms...the child was released into the care of the district family and child services, but was re-admitted for," he paused, "Dr. Ross admitted him for further testing, which we found out was a front for the detoxification."
The attorney remained silent, well aware that it was his turn to speak but wanting to leave a pregnant pause for the last bit of information to sink in.
"Has Dr. Ross ever become this emotionally involved with a patient before?"
"Yes."
"Often?"
"I don't know...I wouldn't say often."
"But it has happened before?"
"Yes."
"And has this...attachment to his work ever caused him to become aggressive or dangerous?"
Doug raised his head to try and meet Mark's eyes again - he was running him through. But Mark avoided his glance.
"Yes." This time it was almost a whisper.
"He attacked a patient's father?" prodded the lawyer. If you're not careful, thought Doug, I'm gonna attack you very soon.
"The man had kicked his 1 year old daughter out of a second floor window."
"But Dr. Ross attacked the man?"
"He punched him, once."
"So Dr. Ross DID attack him?"
"Yes."
"Thank you Dr. Greene. Defense's witness."
There was no easy way of getting out of all that, thought Doug. DeVann better have something pretty special lined up if he wanted an annulment now, and insulting Mark probably wouldn't hack it.
"Dr. Greene, you've worked for some time with Dr. Ross now, haven't you?"
"Yes. I've worked with him for over 6 years now."
"And during that time have you always been his superior?"
"Yes."
"But you've remained friends?"
"Yes."
"Do you believe Dr. Ross to be good at what he does?"
"Of course. I think Dr. Ross is one of the best pediatricians I've ever worked with."
"Why is that?"
"He's great with the children, he treats them with the same respect that I would treat any adult, and he really knows his medicine. He takes pride in his specialty and he puts his patients needs first, and I think that's an outstanding quality that is rare in our profession."
"So, while Dr. Ross has a slightly rocky history, you still believed in him?"
"Yes. I still do."
"Have you ever done anything to protect Dr. Ross?"
Mark was silent, and frowned a little. "Sorry, can you repeat the question?"
"Have you ever protected Dr. Ross in any way? Has he ever done something that maybe, some colleagues would disagree with, and you've covered that up?"
"I, uh. Yes. Dr. Ross issued a trial drug - a new painkiller - to a patient who did not meet the demands of the trial. I found out, as did Dr. Weaver, but we didn't report anything." "And why was that?"
"Because we didn't want any trouble, and because I suppose Doug was doing a good thing really - the patient was in a lot of pain."
"Who was this patient, Doctor?"
"Ricky Abbott"
"And you're saying you morally agreed with Dr. Ross trying to ease the boy's pain?"
This line of questioning intrigued the courtroom, and everyone sat forward a little bit.
"Well, I - yes. I agreed. Morally."
There was some murmuring from the back row, but a stern glance from Judge Lomak silenced it.
"So would you say, Dr. Greene, that you agreed with what Dr. Ross did to ease the patient's pain further? Do you believe in euthanasia?"
The murmuring returned and no glare would stop it this time. Only a short sharp burst of gavel on wood served to quieten the room.
"I'm not sure."
"Not sure?"
Mark nodded, uncertainly. Doug knew that he didn't want to run the risk of getting into trouble himself.
"You're not sure Dr. Greene? Well, in that case I will have to refresh you memory of a patient you treated back in 1995, who was brought to your ER in the final stages of terminal cancer. She pleaded with you for the duration of her stay to help her die. Do you remember that patient, Dr. Greene?"
"Yes."
Doug was suddenly concerned. Where was this guy going with this? What was he doing? He knew he was trying to defend him any possible way, but bringing his friends down with him? This was not what he wanted - it was bad enough that Mark had to take the stand. He watched, unable to do anything.
"Can you remember what happened next?"
"Yes."
"Would you care to tell the jury?"
"I issued her with morphine because she was in a great deal of pain."
"And how much morphine did you give her, Doctor?"
"I can't remember."
"Well how about I remember for you, hmm? You gave your patient the maximum dosage, when she was already on 120 milligrams just to help her sleep. How much morphine can the human body handle before the systems start shutting down, Dr. Greene?"
"About 250 milligrams"
For those who had worked it out, small gasps littered the air.
"And, now I've refreshed your memory, how much did you give Mrs. Holsten?" "Probably about 260 in total"
As the noise level rose, the gavel spoke once again.
"So, Dr. Greene. Would you say you were unsure about the issue of euthanasia? Do you, or do you not agree with mercy killing?"
"I agree with it."
"Thank you. No further questions."
Judge Novak tapped his gavel. "Court is adjourned for the day. We will reconvene at 10am tomorrow. See you then."
"All rise!"
Everyone stood as the judge dislodged himself from the heavy chair and thumped down the steps and out of the room. The jury also rose and left via a different door, leaving the defendant, the prosecutor, their lawyers, and the few sparse spectators to chat among themselves. Doug declined to make small talk with Clifton and instead turned around and leant over the railing that separated him from his audience. He stretched out and touched Mark's sleeve.
"Hey Mark. I didn't tell him to do that - he didn't even tell me he was going to, otherwise I would have stopped him, you know that, right? Right? God knows I've dug my own grave here, I'm not trying to take you down too, Mark. Mark? Are you even listening to me? Mark, I didn't want that to happen!"
Mark, who previously had refused to look at him, turned to him.
"I know you didn't, Doug. You didn't mean to get in any of this mess, but you have. And now I'll probably have to go in front of the hospital board, maybe even the AMA."
"Mark..." Doug was a little lost for words - what could he say?
Mark stood and walked into the aisle, meeting Carol there and they walked up to the large oaken doors and out into the foyer. Doug stood by the rails, shouting after him, but to no avail. He dropped his head, and turned back to where Clifton - the epitome of a cheap lawyer - was packing his plastic briefcase with the legal pads and all three pens he owned. He finished packing up and turned around to see Doug and grinned widely.
"Hey, we're goin' pretty good dontcha think? That last bit, boy I thought I was pushing it but some nurse came up trumps at that there hospital of yours and now I think maybe that jury will think again before...hey, you okay? You wanna go get coffee or something, I know a neat little place down the block."
"You know what, Clifton? No, I don't want coffee. And I don't want you to go around dumping malpractice suits on the few people I have left. Okay? Okay. I will see you tomorrow morning, unfortunately, and don't you try to pull any more of that crap, you got that?" On which note, he stormed past the dumbstruck lawyer and down the aisle.

 

Triggersaurus 2000/2001