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Narrator: In the criminal justice
system, the people are represented
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00:00:04,471 --> 00:00:07,031
by two separate yet
equally important groups...
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00:00:07,074 --> 00:00:08,940
The police who investigate crime
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00:00:08,976 --> 00:00:11,946
and the district attorneys
who prosecute the offenders.
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00:00:11,979 --> 00:00:13,641
These are their stories.
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00:00:23,023 --> 00:00:26,016
H-o-r-t-o-n, that's the guy
you should've brought in here.
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00:00:26,059 --> 00:00:28,995
Miss, I've been here 40 minutes.
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I just need to
know where she is.
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00:00:30,764 --> 00:00:32,460
I told you before, sir,
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I have to check with
admitting. It's ridiculous.
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Nurse: Get a doctor, stat!
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Man: We need some
help in here, please! Now!
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She's turning blue.
She can't breathe!
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00:00:41,909 --> 00:00:43,275
Get the ambu bag.
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No pulse. Call a code!
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Come on, let's go, move!
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I need a line in!
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00:00:50,117 --> 00:00:52,814
Get the defibrillator.
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You knew that wasn't right.
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You can't go in there, sir.
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Call the guard. Sir!
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No pulse. Give her Epi IV.
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No response. Get me adrenaline.
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Excuse us, please.
Please wait outside.
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We're doing everything
we can. What's going on?
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Excuse us... Please,
that's my daughter.
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You can't come in here...
Don't even try. What's going on?
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The last blood gases.
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Let's call it.
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23:17.
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Oh, my God. What
the hell happened?
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Your daughter
had cardiac arrest.
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Resuscitate her, defib her!
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Please, please! Your
daughter is dead.
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Where are you
going? I don't get this.
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She only had a sore throat.
This is insane! Some help please!
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00:01:47,941 --> 00:01:50,570
Come on, pal, let's go. No,
guys, she only had a sore throat!
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She didn't even have a fever!
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00:01:52,879 --> 00:01:54,905
She only came in
for a prescription.
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00:01:54,948 --> 00:01:56,041
I don't understand, guys.
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00:03:21,868 --> 00:03:24,599
Where was she murdered? I
told you, Urban Medical Center.
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00:03:25,839 --> 00:03:28,331
I'm sorry, Mr. Morton,
I'm a little confused.
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Your daughter was
killed at the hospital?
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Yeah, in the emergency room. I
want to swear out a murder complaint
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against the resident
in charge of it.
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00:03:37,517 --> 00:03:39,645
This resident was treating her?
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00:03:39,686 --> 00:03:41,518
No, killing her.
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00:03:42,622 --> 00:03:45,524
But she was at the
hospital for treatment?
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00:03:45,559 --> 00:03:47,653
Yeah, a sore
throat. Muscle aches.
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00:03:47,694 --> 00:03:49,322
She only went in
to get a prescription
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00:03:49,362 --> 00:03:51,160
for some antibiotics.
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00:03:53,366 --> 00:03:56,803
Sometimes people are a
lot sicker than they look.
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00:03:56,837 --> 00:03:59,204
Listen to me. I was
a medic in Vietnam.
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00:03:59,239 --> 00:04:01,037
I know who's
dying and who isn't.
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00:04:01,074 --> 00:04:02,770
My daughter was not that sick.
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00:04:02,809 --> 00:04:05,643
Somebody in that emergency
room did something that killed her.
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00:04:05,679 --> 00:04:07,841
Who's he want to
bring charges against?
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00:04:07,881 --> 00:04:10,350
The resident in charge
of the emergency room.
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00:04:10,383 --> 00:04:12,181
Oh, come on, Max.
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00:04:12,219 --> 00:04:14,552
People die in hospital
emergency rooms
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00:04:14,588 --> 00:04:16,454
every hour of every day.
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00:04:16,490 --> 00:04:19,722
That may indeed be
tragic, but it is not criminal.
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00:04:19,760 --> 00:04:21,888
Unless somebody
was criminally negligent.
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00:04:21,928 --> 00:04:23,954
How the hell would
Mr. Morton know
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00:04:23,997 --> 00:04:25,488
if that had happened?
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00:04:25,532 --> 00:04:27,228
He was a medic in Vietnam.
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00:04:27,267 --> 00:04:29,532
He says she wasn't
sick enough to die.
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00:04:30,837 --> 00:04:32,897
He was very convincing.
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00:04:34,641 --> 00:04:36,371
I'm not saying no.
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00:04:41,314 --> 00:04:44,910
I just had my first
day off in two weeks.
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There is a world out there.
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Logan: You're the intern
who treated a young girl
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00:04:50,023 --> 00:04:52,686
named Suzanne Morton?
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00:04:52,726 --> 00:04:55,662
Yeah, she's the last patient
I admitted before I took off.
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Bronchitis.
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00:04:57,497 --> 00:04:59,625
She dramatized
her symptoms a bit.
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So I ordered a chest x-ray
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00:05:01,902 --> 00:05:03,564
and put her aside to
wait for a bed. Why?
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00:05:03,603 --> 00:05:06,573
Right now we're doing a
routine investigation of her death.
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00:05:06,606 --> 00:05:08,472
Death?
81
00:05:09,476 --> 00:05:10,944
What, she died?
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00:05:10,977 --> 00:05:12,969
You sound surprised.
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00:05:16,416 --> 00:05:18,317
Don't people croak
here every day?
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00:05:21,988 --> 00:05:23,820
She wasn't that sick.
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00:05:24,991 --> 00:05:27,017
You don't die from bronchitis.
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00:05:28,161 --> 00:05:29,595
Suzanne Morton.
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00:05:29,629 --> 00:05:31,120
She had pneumonia.
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00:05:31,164 --> 00:05:33,633
The sputum examination and
blood culture were indicative.
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00:05:33,667 --> 00:05:35,966
We discussed it during rounds.
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00:05:36,002 --> 00:05:37,470
Pneumonia, huh?
91
00:05:37,504 --> 00:05:39,302
A lot of people die
of that these days?
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00:05:39,339 --> 00:05:42,969
When it's complicated by
chemical pneumonitis, sometimes.
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00:05:43,009 --> 00:05:45,342
Patient was feverish
and fell unconscious.
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00:05:45,378 --> 00:05:48,815
She must have aspirated some
of the contents of her stomach.
95
00:05:48,849 --> 00:05:50,875
Stomach acid and
lungs do not mix well.
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00:05:50,917 --> 00:05:52,852
This can happen fast?
97
00:05:54,354 --> 00:05:56,516
Yes, it can. Excuse me.
98
00:05:57,691 --> 00:06:00,661
Hmm. Busy woman.
99
00:06:00,694 --> 00:06:04,825
Yeah, so busy she can't
even make eye contact.
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00:06:04,865 --> 00:06:06,800
Suzanne Morton.
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00:06:06,833 --> 00:06:09,064
Yes, if you see Mr. Morton,
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00:06:09,102 --> 00:06:10,968
please extend my condolences.
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00:06:11,004 --> 00:06:13,166
Dr. Raza, were you on
rounds when they reached her?
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00:06:13,206 --> 00:06:15,107
Yes, yes, that is right.
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00:06:15,141 --> 00:06:16,575
I came right away.
106
00:06:18,211 --> 00:06:20,874
Why? I didn't think
she was that sick.
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00:06:20,914 --> 00:06:23,179
We hear bronchitis,
maybe pneumonia.
108
00:06:23,216 --> 00:06:24,616
No, no, no. She was very sick.
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00:06:24,651 --> 00:06:26,429
She should've been in
the intensive care unit.
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00:06:26,453 --> 00:06:29,423
Unfortunately
there were no beds.
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00:06:30,590 --> 00:06:32,559
In my country, we accept death.
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00:06:32,592 --> 00:06:35,562
But here, you're
expected to live forever.
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00:06:37,330 --> 00:06:39,265
You ever hold a human
heart in your hands?
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00:06:39,299 --> 00:06:41,359
Only mine.
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00:06:42,736 --> 00:06:44,967
What year are you in? Third.
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We go hands on.
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00:06:46,806 --> 00:06:49,332
Did you ever lay your
hands on Suzanne Morton?
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The pneumonia, yeah.
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00:06:51,111 --> 00:06:53,239
I spent 40 minutes
trying to find an orderly
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to take her to intensive care.
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00:06:55,081 --> 00:06:56,709
On the way back,
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00:06:56,750 --> 00:06:58,446
I passed a gunshot
wound through the neck
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00:06:58,485 --> 00:07:01,216
with a six-inch exit. You
ever see one of those?
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00:07:01,254 --> 00:07:03,314
Yeah, well, they're
not so exciting
125
00:07:03,356 --> 00:07:05,484
when you run into
one in a crack house.
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00:07:08,295 --> 00:07:09,923
Max: Tell me some more.
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00:07:09,963 --> 00:07:11,625
This guy in the emergency room,
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00:07:11,665 --> 00:07:13,293
must've been his
daughter who was sick.
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00:07:13,333 --> 00:07:16,012
He was going nuts yelling why didn't
they do this, why didn't they do that?
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00:07:16,036 --> 00:07:17,561
Sounded like he
knew his way around.
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00:07:17,604 --> 00:07:18,867
Around the hospital?
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00:07:18,905 --> 00:07:21,500
Around sick people.
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00:07:21,541 --> 00:07:24,067
Those doctors?
Something wasn't right,
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00:07:24,110 --> 00:07:25,635
the way they looked.
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00:07:25,679 --> 00:07:27,807
What, worried? Excited?
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00:07:28,949 --> 00:07:30,747
Embarrassed.
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00:07:32,485 --> 00:07:34,477
Embarrassed.
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00:07:36,990 --> 00:07:39,221
Does this make
sense to you, Max?
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00:07:40,360 --> 00:07:42,261
Sure. She had bronchitis,
she had pneumonia.
140
00:07:42,295 --> 00:07:45,697
She was fine when she got here,
she was dying when she got here.
141
00:07:45,732 --> 00:07:47,496
God-like pronouncements
142
00:07:47,534 --> 00:07:49,526
sound like normal
medical procedure to me.
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00:07:51,504 --> 00:07:53,598
So Max, what's your problem?
144
00:07:54,908 --> 00:07:56,308
Meaning?
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00:07:56,343 --> 00:07:58,073
Meaning your attitude.
146
00:08:00,013 --> 00:08:01,982
'82.
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00:08:02,015 --> 00:08:05,247
My partner and I go
into this fleabag SRO.
148
00:08:05,285 --> 00:08:07,777
To pick up some
junkie bank robber.
149
00:08:07,821 --> 00:08:09,255
I'm putting the cuffs on him,
150
00:08:09,289 --> 00:08:11,918
his girlfriend comes from
out of nowhere, jumps me.
151
00:08:11,958 --> 00:08:14,291
We're rolling around, I hit
my head against the radiator.
152
00:08:14,327 --> 00:08:17,491
It hurt like hell,
but it's no big deal.
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00:08:18,932 --> 00:08:20,992
A week later
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00:08:21,034 --> 00:08:23,026
I start slurring words.
155
00:08:26,539 --> 00:08:30,237
I go see a neurologist.
Quote, "Top guy in Manhattan."
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00:08:31,978 --> 00:08:33,742
He looks at me,
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00:08:33,780 --> 00:08:35,612
he says, "I want
you in the hospital.
158
00:08:35,648 --> 00:08:37,947
I'm going to do a CAT scan."
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00:08:37,984 --> 00:08:40,112
Yeah, well, I would
definitely freak.
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00:08:40,153 --> 00:08:42,088
The next day, Dr. God comes in,
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00:08:42,122 --> 00:08:44,557
he says,
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00:08:44,591 --> 00:08:48,187
"You have an inoperable
brain tumor in your cerebellum."
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00:08:48,228 --> 00:08:50,129
He said it like
he was telling me
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00:08:50,163 --> 00:08:52,223
they'd be serving
chicken for dinner.
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00:08:53,266 --> 00:08:54,962
We decide to get
a second opinion.
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00:08:55,001 --> 00:08:57,561
I go see another
"top neurologist."
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00:08:57,604 --> 00:09:00,665
He does another
CAT scan, he comes in
168
00:09:00,707 --> 00:09:02,972
and says, "You don't have
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00:09:03,009 --> 00:09:05,205
a brain tumor in
your cerebellum,
170
00:09:05,245 --> 00:09:07,908
you have a subdural
hematoma here."
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00:09:11,117 --> 00:09:13,143
A month later, I was fine.
172
00:09:14,287 --> 00:09:17,689
Hey, at least he caught
the mistake, all right?
173
00:09:19,125 --> 00:09:20,991
Yeah.
174
00:09:22,295 --> 00:09:24,958
And when they don't,
they just bury them.
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00:09:27,500 --> 00:09:29,366
Dr. Auster will see you now.
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00:09:30,437 --> 00:09:33,066
Let's go see the
Chief of Medicine.
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00:09:33,106 --> 00:09:35,007
I'm sure he'll be God-like, too.
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00:09:35,041 --> 00:09:38,808
A diagnostician
is like a detective.
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00:09:40,146 --> 00:09:43,241
As a matter of fact, Conan
Doyle modeled Sherlock Holmes
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00:09:43,283 --> 00:09:45,878
on Dr. Joseph Bell.
181
00:09:46,986 --> 00:09:48,887
You solve every
case you work on?
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00:09:48,922 --> 00:09:50,948
We can tell a felony
from a traffic ticket.
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00:09:50,990 --> 00:09:53,824
Look, a patient walks
in with a headache.
184
00:09:53,860 --> 00:09:55,761
She have a
subarachnoid hemorrhage,
185
00:09:55,795 --> 00:09:57,855
a berry aneurysm,
186
00:09:57,897 --> 00:10:00,230
a retro-orbital tumor,
187
00:10:00,266 --> 00:10:02,701
or does she just
have a headache?
188
00:10:02,735 --> 00:10:04,761
Do you give her an aspirin,
189
00:10:04,804 --> 00:10:06,568
or do you saw open her skull?
190
00:10:06,606 --> 00:10:09,337
You make this
speech at funerals?
191
00:10:09,375 --> 00:10:12,209
I saw that girl in the
emergency room on rounds.
192
00:10:12,245 --> 00:10:15,181
She was in the hands
of competent staff.
193
00:10:15,215 --> 00:10:17,150
The girl is dead.
194
00:10:17,183 --> 00:10:19,584
People like to believe that
medicine is pure science.
195
00:10:19,619 --> 00:10:22,088
Medicine is a science,
196
00:10:22,122 --> 00:10:25,183
but doctors know
it's also a lottery.
197
00:10:26,626 --> 00:10:29,562
See what I mean? The
guy's Chief of Medicine,
198
00:10:29,596 --> 00:10:31,656
and all he can come up with is,
199
00:10:31,698 --> 00:10:33,690
"It's a lottery."
200
00:10:36,503 --> 00:10:39,098
Proceed, Sherlock.
201
00:10:47,780 --> 00:10:50,875
What do you do when you
make a mistake? Use white-out?
202
00:10:50,917 --> 00:10:53,182
Huh-uh. You cross
it out and initial it.
203
00:10:53,219 --> 00:10:55,051
This ain't no letter
to Dear Abby.
204
00:10:55,088 --> 00:10:56,681
These charts got
to show everything
205
00:10:56,723 --> 00:10:59,283
or there could be serious
legal repercussions.
206
00:10:59,325 --> 00:11:02,659
Serious legal repercussions,
that's what we have here.
207
00:11:02,695 --> 00:11:06,154
Somebody used white-out
on Suzanne Morton's chart.
208
00:11:10,837 --> 00:11:13,136
Now, on top of the white-out
209
00:11:13,173 --> 00:11:14,732
it says acetaminophen...
210
00:11:14,774 --> 00:11:16,367
A common, everyday painkiller.
211
00:11:16,409 --> 00:11:18,742
But underneath the white-out
212
00:11:18,778 --> 00:11:22,579
it said, "meperidine."
213
00:11:22,615 --> 00:11:23,810
It's a narcotic.
214
00:11:23,850 --> 00:11:26,376
Big difference.
Third-rate cover up.
215
00:11:26,419 --> 00:11:29,480
Whoever did it probably wasn't
expecting an investigation.
216
00:11:29,522 --> 00:11:33,425
Whoever wrote meperidine
also wrote acetaminophen.
217
00:11:34,594 --> 00:11:36,722
Look at the E's
in acetaminophen.
218
00:11:36,763 --> 00:11:39,631
See the kind of like
cursive penmanship
219
00:11:39,666 --> 00:11:41,862
and English style
popular in the colonies.
220
00:11:41,901 --> 00:11:44,632
You see the shape and
the angle of the loop?
221
00:11:44,671 --> 00:11:48,005
Now it matches
notations that were here,
222
00:11:48,041 --> 00:11:51,409
here, and here.
223
00:11:51,444 --> 00:11:53,504
All of them initialed "ER."
224
00:11:54,514 --> 00:11:56,278
Emergency room?
225
00:11:56,316 --> 00:11:58,342
Ekballa Raza.
226
00:12:00,486 --> 00:12:02,097
Doctor: She had a headache
and a low-grade fever.
227
00:12:02,121 --> 00:12:03,612
Nothing more.
228
00:12:03,656 --> 00:12:06,285
I gave her an antibiotic
and an antihistamine.
229
00:12:06,326 --> 00:12:08,625
No doctor would've
done anything more.
230
00:12:09,796 --> 00:12:12,265
Sounds like you're
on solid ground.
231
00:12:13,833 --> 00:12:16,393
Her psychiatrist had
her on phenelzine sulfate.
232
00:12:17,403 --> 00:12:18,928
She was seeing a shrink?
233
00:12:18,972 --> 00:12:21,532
She'd been depressed
since her mother's death.
234
00:12:21,574 --> 00:12:23,805
When did that happen?
235
00:12:24,811 --> 00:12:26,143
Last year.
236
00:12:26,179 --> 00:12:29,047
She developed peritonitis
after her hysterectomy.
237
00:12:33,286 --> 00:12:36,279
This... phenel... what is it?
238
00:12:36,322 --> 00:12:38,223
Phenelzine... Nurse: Doctor?
239
00:12:38,258 --> 00:12:41,160
Miss Rossi is ready.
240
00:12:41,194 --> 00:12:43,629
Thank you. Phenelzine sulfate.
241
00:12:43,663 --> 00:12:45,029
An anti-depressant.
242
00:12:45,064 --> 00:12:46,532
A strong one.
243
00:12:50,536 --> 00:12:52,835
The patient died,
but don't worry,
244
00:12:52,872 --> 00:12:56,274
the doctor is doing just fine.
245
00:12:58,778 --> 00:13:02,271
Okay, the tox screen
shows acetaminophen.
246
00:13:02,315 --> 00:13:05,376
It shows aspirin, and it
shows an antihistamine.
247
00:13:05,418 --> 00:13:07,751
So there's no sign
of meperidine?
248
00:13:07,787 --> 00:13:10,450
Huh-uh. We ran the standard
gas and chromatography.
249
00:13:10,490 --> 00:13:13,119
We know the girl was on
something called phenelzine.
250
00:13:13,159 --> 00:13:15,128
Not a trace.
251
00:13:15,161 --> 00:13:18,461
Meperidine, phenelzine,
recreational drugs.
252
00:13:18,498 --> 00:13:19,966
Do another tox screen.
253
00:13:19,999 --> 00:13:22,161
I think you're
wasting your nickel.
254
00:13:23,903 --> 00:13:26,634
Nobody takes meperidine
and phenelzine...
255
00:13:26,673 --> 00:13:28,972
unless they want to
risk ending up here.
256
00:13:29,008 --> 00:13:31,534
They can be a fatal combination.
257
00:13:36,582 --> 00:13:38,483
I was exhausted.
258
00:13:38,518 --> 00:13:40,783
I'd just came off
the cancer ward.
259
00:13:40,820 --> 00:13:42,379
I wrote meperidine
without thinking.
260
00:13:42,422 --> 00:13:43,856
But I gave her acetaminophen.
261
00:13:43,890 --> 00:13:46,155
What about the white-out?
262
00:13:47,560 --> 00:13:49,859
There is paperwork required
when you write a narcotic
263
00:13:49,896 --> 00:13:51,421
and I did not
have time for that.
264
00:13:52,498 --> 00:13:54,023
Dr. Raza,
265
00:13:54,067 --> 00:13:56,002
you just confessed
266
00:13:56,035 --> 00:13:58,197
to falsifying hospital records.
267
00:13:58,237 --> 00:14:00,638
That's a class E felony.
268
00:14:02,475 --> 00:14:04,535
Look, when they look at me here,
269
00:14:04,577 --> 00:14:06,136
they see an Indian or a Paki...
270
00:14:06,179 --> 00:14:07,613
They don't even
know the difference.
271
00:14:07,647 --> 00:14:09,878
We're all supposed
to be bad doctors.
272
00:14:09,916 --> 00:14:13,648
You ask anybody. I have to be
twice as good as everybody else
273
00:14:13,686 --> 00:14:16,554
just so they will think I am
as good as everybody else.
274
00:14:18,024 --> 00:14:21,620
My children want to stay in this
country, my wife wants to stay.
275
00:14:21,661 --> 00:14:25,530
And to stay, all I have to do
is to be perfect all the time.
276
00:14:25,565 --> 00:14:29,024
Well, you fell a little
short of perfection
277
00:14:29,068 --> 00:14:31,560
on Suzanne Morton's chart.
278
00:14:31,604 --> 00:14:33,903
It was a simple mistake. Really?
279
00:14:33,940 --> 00:14:36,774
If the toxicologist
finds meperidine
280
00:14:36,809 --> 00:14:38,744
in Suzanne Morton's body,
281
00:14:38,778 --> 00:14:40,974
you'll be lucky if
you're only deported.
282
00:14:41,013 --> 00:14:42,845
Dr. Fleming, please
report to admitting
283
00:14:42,882 --> 00:14:45,545
in the Comprehensive
Cancer Care Center.
284
00:14:45,585 --> 00:14:47,417
Have fun.
285
00:14:47,453 --> 00:14:49,183
Thanks.
286
00:14:50,189 --> 00:14:52,681
Max, dig this.
287
00:14:52,725 --> 00:14:54,751
Now here's a guy...
288
00:14:55,762 --> 00:14:57,424
swallowed his false teeth
289
00:14:57,463 --> 00:14:59,125
and they bit through
his intestines.
290
00:15:00,433 --> 00:15:02,334
What did Dr. Raza prescribe,
291
00:15:02,368 --> 00:15:04,428
a good flossing?
292
00:15:04,470 --> 00:15:05,768
Oh, here we go.
293
00:15:05,805 --> 00:15:09,333
Mistake, crossed out, initialed.
294
00:15:10,376 --> 00:15:11,935
Same here.
295
00:15:11,978 --> 00:15:13,947
Look at this, we could
be holding in our hands
296
00:15:13,980 --> 00:15:15,642
the evidence to a mass murder,
297
00:15:15,681 --> 00:15:17,274
and we wouldn't even know it.
298
00:15:17,316 --> 00:15:18,944
Yeah, all these have
299
00:15:18,985 --> 00:15:22,114
evening rounds at 6:00 to 6:30,
300
00:15:22,155 --> 00:15:24,920
and the night that
Suzanne Morton died
301
00:15:24,957 --> 00:15:27,188
rounds were after 9:00.
302
00:15:28,428 --> 00:15:31,523
If you hear hoofbeats,
it's probably a horse,
303
00:15:31,564 --> 00:15:33,260
not a zebra.
304
00:15:34,700 --> 00:15:37,295
Old medical school saying...
305
00:15:37,336 --> 00:15:41,000
"Students tend to find exotic
diseases in ordinary symptoms."
306
00:15:41,040 --> 00:15:43,532
They need to be reminded
that most things are
307
00:15:43,576 --> 00:15:45,044
what they appear to be.
308
00:15:45,077 --> 00:15:48,172
You gentlemen
are on a zebra hunt.
309
00:15:49,482 --> 00:15:52,646
Either a zebra or a
horse using white-out.
310
00:15:54,187 --> 00:15:56,122
Or maybe Dr. Raza made
a mistake in the chart.
311
00:15:56,155 --> 00:15:58,886
Maybe he made a mistake
in the emergency room.
312
00:15:58,925 --> 00:16:00,587
No.
313
00:16:00,626 --> 00:16:02,959
You trust Dr. Raza, don't you?
314
00:16:02,995 --> 00:16:04,793
I offered him a job.
315
00:16:04,831 --> 00:16:07,300
Wrote a letter to
Immigration this morning.
316
00:16:08,935 --> 00:16:11,666
Strange time to
be hiring the guy.
317
00:16:11,704 --> 00:16:13,673
A good doctor...
318
00:16:13,706 --> 00:16:16,039
is a good doctor.
319
00:16:17,143 --> 00:16:19,044
Max: What time were
rounds that night?
320
00:16:19,078 --> 00:16:21,104
Sometime after 6:00.
321
00:16:21,147 --> 00:16:23,241
They stand around gabbing
and we're trying to keep
322
00:16:23,282 --> 00:16:25,808
some poor jerk from
bleeding to death.
323
00:16:27,954 --> 00:16:30,321
So what happened that night?
Why were rounds so late?
324
00:16:30,356 --> 00:16:31,847
We waited for the
Chief of Medicine.
325
00:16:31,891 --> 00:16:33,120
Dr. Auster.
326
00:16:33,159 --> 00:16:35,754
God on high descending.
327
00:16:35,795 --> 00:16:37,787
Well, he descended late.
328
00:16:37,830 --> 00:16:39,799
He said he'd been
delayed at some...
329
00:16:39,832 --> 00:16:42,097
retirement party for
one of the service chiefs.
330
00:16:42,134 --> 00:16:45,036
Seemed like Dr. Auster
had a good time.
331
00:16:45,071 --> 00:16:46,937
What do you mean?
332
00:16:48,541 --> 00:16:51,272
It smelled like he
had been drinking.
333
00:16:59,151 --> 00:17:02,519
The hospital wanted to
lay out cheese in a can
334
00:17:02,555 --> 00:17:04,786
and white wine from Bulgaria.
335
00:17:04,824 --> 00:17:07,623
So I had the party catered.
336
00:17:07,660 --> 00:17:09,128
Duck liver paté,
337
00:17:09,161 --> 00:17:11,153
Beluga malossal caviar.
338
00:17:11,197 --> 00:17:12,995
Oh, yes.
339
00:17:13,032 --> 00:17:15,433
Anesthesiology has
been very good to me.
340
00:17:16,536 --> 00:17:19,096
Did Dr. Auster have a good time?
341
00:17:19,138 --> 00:17:20,629
Oh, I hope so.
342
00:17:20,673 --> 00:17:23,575
The caviar cost
400 bucks a pound.
343
00:17:23,609 --> 00:17:25,271
Did Dr. Auster have a drink?
344
00:17:25,311 --> 00:17:27,371
Oh, yes. That's why I had bar.
345
00:17:27,413 --> 00:17:30,406
Happy Hour catering.
25 bucks a head.
346
00:17:33,920 --> 00:17:36,082
Max: You guys just
supply bartenders?
347
00:17:36,122 --> 00:17:38,216
We supply bartenders,
barmaids if you want 'em,
348
00:17:38,257 --> 00:17:40,226
ice, glasses, napkins, mixers.
349
00:17:40,259 --> 00:17:42,490
Booze? You supply, you save.
350
00:17:42,528 --> 00:17:43,860
You work the hospital job?
351
00:17:43,896 --> 00:17:47,128
I was there. Two waitresses
and Rory, another bartender.
352
00:17:47,166 --> 00:17:49,226
Remember this guy?
353
00:17:50,236 --> 00:17:51,864
Yeah, Jim.
354
00:17:51,904 --> 00:17:55,272
No, Ed. Edward Auster.
355
00:17:55,308 --> 00:17:57,402
No, no. Jim. Green.
356
00:17:58,844 --> 00:18:01,439
The bourbon?
That's what he drank.
357
00:18:01,480 --> 00:18:03,972
On the rocks. One
every five minutes.
358
00:18:05,017 --> 00:18:06,417
I can smell it.
359
00:18:06,452 --> 00:18:07,977
Somebody gave
her the wrong drugs.
360
00:18:08,020 --> 00:18:10,080
I don't know if it was
Gunga Din or Auster,
361
00:18:10,122 --> 00:18:12,557
but one of them
screwed the pooch.
362
00:18:14,126 --> 00:18:16,561
Mike, you look like
you got a problem.
363
00:18:19,098 --> 00:18:21,567
All I know about
hospitals is that my father
364
00:18:21,601 --> 00:18:22,967
is still walking today
365
00:18:23,002 --> 00:18:25,733
because he had a heart
transplant in one seven years ago.
366
00:18:28,140 --> 00:18:30,609
I'm not saying all
doctors are bad.
367
00:18:30,643 --> 00:18:33,613
99% of them are solid pros.
368
00:18:33,646 --> 00:18:37,640
It's the rotten 1%, to
quote our friend Auster,
369
00:18:37,683 --> 00:18:40,585
that make it a lottery.
You bet your life.
370
00:18:40,620 --> 00:18:43,488
Come on, Max, you ain't
exactly a fan of the profession.
371
00:18:43,522 --> 00:18:46,014
I just want them held
to the same standards
372
00:18:46,058 --> 00:18:47,720
that cops are when
somebody gets shot
373
00:18:47,760 --> 00:18:49,456
or pilots when there's a crash.
374
00:18:49,495 --> 00:18:51,088
Yeah, and that's
what bothers me.
375
00:18:51,130 --> 00:18:54,294
Listen. Say I'm out with Maggie,
376
00:18:54,333 --> 00:18:56,996
we're having dinner, I
have a few pops, okay?
377
00:18:57,036 --> 00:18:59,005
Mm-hmm, go on. I
look out the window,
378
00:18:59,038 --> 00:19:00,563
I see someone getting mugged.
379
00:19:00,606 --> 00:19:03,838
I run out, pull my service
revolver out of my sock,
380
00:19:03,876 --> 00:19:05,538
I yell, "Halt."
381
00:19:05,578 --> 00:19:08,275
Now one of the muggers
reaches into his pocket,
382
00:19:08,314 --> 00:19:10,180
takes something
out, turns around.
383
00:19:10,216 --> 00:19:12,447
Pop, I blow him away.
384
00:19:12,485 --> 00:19:15,080
Yeah, but the
something ain't a weapon.
385
00:19:15,121 --> 00:19:17,681
It's the victim's wallet.
386
00:19:17,723 --> 00:19:19,919
That is still a totally
righteous shoot.
387
00:19:19,959 --> 00:19:22,292
You know that, I know that.
388
00:19:22,328 --> 00:19:24,923
Internal affairs smells
liquor on my breath,
389
00:19:24,964 --> 00:19:26,660
they crucify me.
390
00:19:30,636 --> 00:19:32,628
I got to tell you this,
391
00:19:32,672 --> 00:19:33,935
that's how this feels to me.
392
00:19:33,973 --> 00:19:37,034
There's a difference
between a few pops
393
00:19:37,076 --> 00:19:38,601
and a bourbon
every five minutes.
394
00:19:38,644 --> 00:19:40,545
Come on, the kid's exaggerating.
395
00:19:40,579 --> 00:19:42,605
Maybe he wasn't.
396
00:19:42,648 --> 00:19:46,312
No one said Auster
looked or acted drunk.
397
00:19:46,352 --> 00:19:48,321
They smelled it on his breath.
398
00:19:50,990 --> 00:19:54,188
You know looking and
acting drunk don't mean squat.
399
00:19:56,462 --> 00:19:58,590
What are you guys talking about?
400
00:20:01,500 --> 00:20:03,867
Back when Max
and I were partners,
401
00:20:06,005 --> 00:20:08,270
I had a little bit of
a drinking problem.
402
00:20:09,475 --> 00:20:12,502
Well finally he told me
he wouldn't partner with me
403
00:20:13,512 --> 00:20:15,344
unless I went to AA.
404
00:20:17,850 --> 00:20:19,409
And?
405
00:20:19,452 --> 00:20:21,478
And I told him to mind
his own freaking business.
406
00:20:23,723 --> 00:20:26,192
I was under control, I
knew what I was doing.
407
00:20:26,225 --> 00:20:28,751
I was just a social drinker.
408
00:20:30,229 --> 00:20:32,357
He made me so damn mad,
409
00:20:32,398 --> 00:20:34,867
I went out and I had
a few social drinks.
410
00:20:37,336 --> 00:20:39,601
A couple hours later,
411
00:20:39,638 --> 00:20:42,107
I was standing in the
middle of Lexington Avenue,
412
00:20:42,141 --> 00:20:44,133
not looking or acting drunk,
413
00:20:45,377 --> 00:20:47,812
but I had my gun
pointed at a taxi driver
414
00:20:47,847 --> 00:20:50,146
because I didn't like the
way he was honking his horn.
415
00:20:53,786 --> 00:20:55,948
That night I went
to my first meeting...
416
00:20:58,157 --> 00:21:00,683
and I've been sober ever since.
417
00:21:09,268 --> 00:21:11,294
Get back to the hospital,
418
00:21:11,337 --> 00:21:14,000
and twist a few people, huh?
419
00:21:14,039 --> 00:21:17,532
I'm begging you, don't
make me torpedo my career.
420
00:21:18,844 --> 00:21:20,506
We need a second witness.
421
00:21:20,546 --> 00:21:22,014
Hmm?
422
00:21:23,015 --> 00:21:24,779
Look,
423
00:21:24,817 --> 00:21:27,343
Auster forgets more
every week than I know.
424
00:21:28,854 --> 00:21:30,880
I came to New
York because of him.
425
00:21:30,923 --> 00:21:33,051
Do you know what it means
to be able to say I studied
426
00:21:33,092 --> 00:21:34,526
under Dr. Edward Auster?
427
00:21:37,096 --> 00:21:39,964
He could destroy
the rest of my career.
428
00:21:41,066 --> 00:21:42,864
What career?
429
00:21:51,710 --> 00:21:53,201
He was drunk.
430
00:22:07,593 --> 00:22:09,892
The girl had muscle pains.
431
00:22:09,929 --> 00:22:12,421
The doctor ordered meperidine
432
00:22:12,464 --> 00:22:15,628
and the resident said
something about phenelzine.
433
00:22:15,668 --> 00:22:18,228
I-I-I don't think he even heard.
434
00:22:19,371 --> 00:22:21,636
He took the meperidine,
he injected it himself.
435
00:22:21,674 --> 00:22:23,233
What, no one tried to stop him?
436
00:22:23,275 --> 00:22:26,439
What are we going to do, wrestle
Dr. Edward Auster to the floor?
437
00:22:27,847 --> 00:22:29,543
I-I didn't even
know he was wrong.
438
00:22:29,582 --> 00:22:31,813
You know now.
439
00:22:33,152 --> 00:22:37,089
Now we have to get approval
from an Executive Assistant DA.
440
00:22:37,122 --> 00:22:39,057
Stone's the boss. What
do you want me to do?
441
00:22:39,091 --> 00:22:40,650
This case is
politically sensitive.
442
00:22:40,693 --> 00:22:43,492
It gets tougher
all the time, Mike.
443
00:22:43,529 --> 00:22:46,624
The David’s kid already
made the turn once.
444
00:22:46,665 --> 00:22:49,499
He said flat out,
"Auster was drunk."
445
00:22:49,535 --> 00:22:53,028
Stone: I want to go in with
more than a nervous resident.
446
00:22:54,406 --> 00:22:57,205
The bartender says Auster
drank like a fish at the party.
447
00:22:59,211 --> 00:23:01,578
If the resident testifies,
448
00:23:02,815 --> 00:23:04,443
there's a good chance we get
449
00:23:04,483 --> 00:23:06,952
the rest of the ER
team to follow suit.
450
00:23:08,654 --> 00:23:10,350
Pick him up.
451
00:23:11,357 --> 00:23:13,223
Dr. Demacus to CCU.
452
00:23:13,259 --> 00:23:15,626
Dr. Demacus to CCU, please.
453
00:23:16,996 --> 00:23:20,398
See we did a procedure
called balloon angioplasty.
454
00:23:20,432 --> 00:23:22,367
Woman: Oh. But the pain?
455
00:23:22,401 --> 00:23:24,495
No, no, I don't
think it'll come back.
456
00:23:24,536 --> 00:23:27,404
I'm not saying that you
could take up racquetball,
457
00:23:27,439 --> 00:23:29,271
but you will be able
to walk, climb stairs,
458
00:23:29,308 --> 00:23:30,640
and swim.
459
00:23:30,676 --> 00:23:32,235
Thank you.
460
00:23:33,345 --> 00:23:36,042
Guess we won't need our guns.
461
00:23:36,081 --> 00:23:37,879
Edward Auster...
462
00:23:41,287 --> 00:23:43,756
We have a warrant
for your arrest.
463
00:23:49,762 --> 00:23:51,924
Practicing medicine drunk.
464
00:23:51,964 --> 00:23:54,399
It's not prosecuted much.
We're going to have...
465
00:23:54,433 --> 00:23:56,077
First in his class at
Harvard Medical School.
466
00:23:56,101 --> 00:23:58,832
Residency and fellowship...
Say hello to Phillip Nevins,
467
00:23:58,871 --> 00:24:00,169
Dr. Ross' attorney.
468
00:24:01,974 --> 00:24:04,466
Author of the classic
textbook in cardiology,
469
00:24:04,510 --> 00:24:06,706
winner of the Lasker
award for medical research,
470
00:24:06,745 --> 00:24:08,407
published 175 journal articles.
471
00:24:08,447 --> 00:24:09,642
Does he walk on water?
472
00:24:09,682 --> 00:24:11,844
The trash that you
people usually prosecute
473
00:24:11,884 --> 00:24:13,785
can't murder fast enough
to kill as many people
474
00:24:13,819 --> 00:24:15,788
as Edward Auster has saved.
475
00:24:15,821 --> 00:24:19,053
Now I'm just trying to save
you from a mistaken perspective.
476
00:24:20,059 --> 00:24:21,527
Failing to perceive
477
00:24:21,560 --> 00:24:23,495
a substantial and
unjustified risk
478
00:24:23,529 --> 00:24:25,395
that might cause
Suzanne Morton's death...
479
00:24:25,431 --> 00:24:26,865
Criminally negligent homicide.
480
00:24:26,899 --> 00:24:28,731
Consciously disregarding
481
00:24:28,767 --> 00:24:30,759
that substantial
and unjustified risk...
482
00:24:30,803 --> 00:24:32,635
Manslaughter two.
483
00:24:36,008 --> 00:24:38,000
See you in court, Stone.
484
00:24:39,678 --> 00:24:41,977
Nevins is going to
flood the witness stand
485
00:24:42,014 --> 00:24:44,711
with famous doctors
swearing that Auster
486
00:24:44,750 --> 00:24:47,310
is a cross between Albert
Schweitzer and Albert Einstein.
487
00:24:47,353 --> 00:24:49,845
And we've got a father who
was a medic 25 years ago?
488
00:24:49,888 --> 00:24:51,652
Morton took on heavy odds.
489
00:24:51,690 --> 00:24:53,625
Maybe we can even them out.
490
00:24:53,659 --> 00:24:56,026
I want you to interview
people who know Auster.
491
00:24:57,896 --> 00:24:59,865
So you're the dipstick
492
00:24:59,898 --> 00:25:01,662
who's prosecuting Bud Auster.
493
00:25:01,700 --> 00:25:04,363
Is that what you call Dr. Auster
around the fishing hole?
494
00:25:04,403 --> 00:25:06,463
It's what I've called him
since the second grade.
495
00:25:07,773 --> 00:25:10,038
Some people do things,
496
00:25:10,075 --> 00:25:12,067
and others...
497
00:25:12,111 --> 00:25:13,704
What do you and Auster do?
498
00:25:13,746 --> 00:25:16,147
We catch trout in Maine.
499
00:25:16,181 --> 00:25:17,843
Last time was in June.
500
00:25:18,851 --> 00:25:20,285
We sleep in the woods,
501
00:25:20,319 --> 00:25:22,447
tell each other we're just
as young as we used to be.
502
00:25:22,488 --> 00:25:26,186
And drink. Somebody pass
a law against drunk fishing?
503
00:25:30,496 --> 00:25:32,397
I first admired America
504
00:25:32,431 --> 00:25:34,662
when I saw "Judgment
at Nuremberg."
505
00:25:34,700 --> 00:25:37,260
Everybody pays for their crimes.
506
00:25:39,505 --> 00:25:41,770
I never thought it would be me.
507
00:25:43,675 --> 00:25:47,043
There'll be no prosecution
if you testify against Auster.
508
00:25:48,247 --> 00:25:50,443
And no job.
509
00:25:50,482 --> 00:25:52,917
I got to love America,
510
00:25:52,951 --> 00:25:54,476
and leave it.
511
00:25:56,688 --> 00:25:58,987
Two or three times each month
512
00:25:59,024 --> 00:26:00,356
he calls, says he's coming.
513
00:26:00,392 --> 00:26:02,293
He's always late
because he's drunk.
514
00:26:02,327 --> 00:26:04,819
You know what they
call those rounds?
515
00:26:06,065 --> 00:26:07,533
Liver rounds.
516
00:26:08,534 --> 00:26:10,127
Everyone knew.
517
00:26:10,169 --> 00:26:13,401
Suzanne Morton
did have pneumonia.
518
00:26:13,439 --> 00:26:15,408
And Dr. Auster
did tell you to lie.
519
00:26:17,943 --> 00:26:21,141
I have flexible
hours in my training.
520
00:26:22,815 --> 00:26:25,910
Do you know how important
that is when you're raising a child?
521
00:26:25,951 --> 00:26:27,544
That's non-responsive, Doctor.
522
00:26:27,586 --> 00:26:30,454
Auster didn't act drunk.
523
00:26:30,489 --> 00:26:32,048
He never acted drunk.
524
00:26:32,091 --> 00:26:33,787
But he was drunk, wasn't he?
525
00:26:33,826 --> 00:26:36,557
He was always
drunk on liver rounds.
526
00:26:37,996 --> 00:26:39,965
Wasn't he?
527
00:26:41,366 --> 00:26:43,699
And he did tell
you to lie, didn't he?
528
00:26:52,611 --> 00:26:54,603
That poor girl.
529
00:26:54,646 --> 00:26:57,241
All she needed was some aspirin
530
00:26:57,282 --> 00:26:59,183
and an antibiotic.
531
00:27:01,220 --> 00:27:03,052
Am I going to lose my license?
532
00:27:05,457 --> 00:27:07,949
That's not my decision, Doctor.
533
00:27:07,993 --> 00:27:10,462
However I will give you immunity
534
00:27:10,496 --> 00:27:12,624
from prosecution for conspiracy
535
00:27:12,664 --> 00:27:14,132
if you testify.
536
00:27:18,003 --> 00:27:21,303
You suspect, you know,
but what are you going to do?
537
00:27:21,340 --> 00:27:23,866
Contact the medical
society? Sure.
538
00:27:23,909 --> 00:27:26,378
Intern Stephen Simonson
wishes to file a complaint
539
00:27:26,411 --> 00:27:28,971
against the leading
cardiologist in the United States?
540
00:27:31,817 --> 00:27:34,787
Look, I admitted Suzanne Morton.
541
00:27:34,820 --> 00:27:36,880
It looks like I
blew the diagnosis.
542
00:27:36,922 --> 00:27:39,323
Is that what's bothering you?
543
00:27:46,398 --> 00:27:48,629
Look,
544
00:27:48,667 --> 00:27:50,329
six months ago
545
00:27:50,369 --> 00:27:52,304
I get this guy,
he's 25 years old,
546
00:27:52,337 --> 00:27:53,537
he's basically healthy, right?
547
00:27:53,572 --> 00:27:56,872
He walks in with the
worst headache in his life.
548
00:27:56,909 --> 00:27:58,901
His neck is sore,
but that's ambiguous.
549
00:27:58,944 --> 00:28:00,674
And Auster showed up?
550
00:28:01,780 --> 00:28:03,749
He prescribes him
peridine for the headache
551
00:28:03,782 --> 00:28:05,614
without a patient work-up.
552
00:28:05,651 --> 00:28:07,244
It's the worst thing you can do.
553
00:28:07,286 --> 00:28:09,221
It masks the
symptoms of meningitis,
554
00:28:09,254 --> 00:28:10,984
which is what the guy had.
555
00:28:11,023 --> 00:28:13,185
We saved him... barely.
556
00:28:14,626 --> 00:28:17,596
Now every time I see
Auster walk into the ER,
557
00:28:17,629 --> 00:28:20,258
I want to grab whoever I'm
treating and hide them in a closet.
558
00:28:27,639 --> 00:28:29,631
Good afternoon, Dr. Simonson.
559
00:28:30,642 --> 00:28:32,076
Sir.
560
00:28:32,110 --> 00:28:33,635
Stone: That'll
be all, thank you.
561
00:28:38,050 --> 00:28:39,780
So...
562
00:28:39,818 --> 00:28:41,081
are we early?
563
00:28:41,119 --> 00:28:43,350
Stone: We got what we
needed from Dr. Simonson.
564
00:28:43,388 --> 00:28:45,755
An intern, Mr. Stone.
565
00:28:45,791 --> 00:28:48,852
Are you planning on asking
the cleaning lady to testify too?
566
00:28:49,861 --> 00:28:51,489
About the time I
threw the tissue
567
00:28:51,530 --> 00:28:53,692
into the wastepaper
basket and missed?
568
00:28:53,732 --> 00:28:56,793
Ed, please... Every
doctor in this country
569
00:28:56,835 --> 00:28:59,634
has to worry about
some shyster lawyer
570
00:28:59,671 --> 00:29:01,572
suing for malpractice.
571
00:29:01,607 --> 00:29:04,042
Now...
572
00:29:04,076 --> 00:29:06,841
we've got a prosecutor
looking over our shoulder.
573
00:29:07,846 --> 00:29:09,337
The next time I
write a prescription
574
00:29:09,381 --> 00:29:11,907
am I supposed to
ask the Supreme Court
575
00:29:11,950 --> 00:29:13,578
to vote on the dosage?
576
00:29:13,619 --> 00:29:15,611
Look, Stone, you haven't
got a chance to convict,
577
00:29:15,654 --> 00:29:18,488
but this trial alone can
stain Dr. Auster's reputation.
578
00:29:18,523 --> 00:29:21,236
Are you proposing we give him the
Nobel Peace Prize and call it even?
579
00:29:21,260 --> 00:29:22,990
No.
580
00:29:23,028 --> 00:29:24,656
Adjournment with an
eye toward dismissal.
581
00:29:24,696 --> 00:29:28,656
Because of Dr. Auster
a young woman is dead.
582
00:29:28,700 --> 00:29:30,726
A doctor, Mr. Stone,
583
00:29:30,769 --> 00:29:32,294
is not a magician.
584
00:29:32,337 --> 00:29:34,738
If you drove drunk, this would
be an open and shut case.
585
00:29:34,773 --> 00:29:36,742
When you practice
medicine, Mr. Stone,
586
00:29:36,775 --> 00:29:39,643
sometimes a patient dies.
587
00:29:39,678 --> 00:29:41,476
And when you're a
lawyer, Dr. Auster,
588
00:29:41,513 --> 00:29:43,277
some of the people you prosecute
589
00:29:43,315 --> 00:29:45,375
are convicted.
590
00:29:47,252 --> 00:29:50,188
Defendants index, 1983.
591
00:29:51,923 --> 00:29:54,119
Where are computers
when you need them?
592
00:29:54,159 --> 00:29:56,924
Here's a little job for you.
Keyboard every lawsuit
593
00:29:56,962 --> 00:29:59,193
ever filed in New York
County into a computer.
594
00:29:59,231 --> 00:30:01,666
Most malpractice
doesn't result in lawsuits.
595
00:30:01,700 --> 00:30:03,896
You got any better ideas?
596
00:30:03,935 --> 00:30:06,734
Go door to door, ask if anybody
saw Auster kill the patient?
597
00:30:06,772 --> 00:30:08,570
We're going to do that next.
598
00:30:10,475 --> 00:30:12,603
Ah. Aye.
599
00:30:12,644 --> 00:30:14,670
There, I just saved
us a lot of shoe-leather.
600
00:30:15,681 --> 00:30:17,149
"Stivic versus Auster,
601
00:30:17,182 --> 00:30:19,413
In re: the death
of Angela Stivic,
602
00:30:19,451 --> 00:30:21,317
age 11."
603
00:30:22,321 --> 00:30:24,756
When Dr. Auster's
attorney told us
604
00:30:24,790 --> 00:30:26,383
they'd offer us a settlement,
605
00:30:26,425 --> 00:30:28,621
my husband said, "Take it.
606
00:30:28,660 --> 00:30:30,094
It'll be over.
607
00:30:30,128 --> 00:30:34,122
We can stop thinking
about Angela all the time."
608
00:30:36,535 --> 00:30:38,766
We bought the apartment
609
00:30:38,804 --> 00:30:40,466
and the furniture.
610
00:30:41,540 --> 00:30:44,374
My husband sat
in the recliner once.
611
00:30:48,714 --> 00:30:50,307
I'm sorry.
612
00:30:54,720 --> 00:30:58,020
When Dr. Auster came
out of Angela's room
613
00:30:58,056 --> 00:31:00,491
to say they couldn't
stop the bleeding...
614
00:31:01,593 --> 00:31:03,425
I smelled liquor on his breath.
615
00:31:04,996 --> 00:31:06,794
Bourbon.
616
00:31:09,167 --> 00:31:11,966
All I wanted was
for Dr. Auster to say,
617
00:31:12,003 --> 00:31:14,336
"I killed Angela Stivic,
618
00:31:14,373 --> 00:31:17,935
the beautiful daughter of
George and Melanie Stivic."
619
00:31:20,412 --> 00:31:22,608
Excuse me.
620
00:31:26,084 --> 00:31:27,552
You know the difference
621
00:31:27,586 --> 00:31:29,919
between Auster
and a serial killer?
622
00:31:31,790 --> 00:31:33,622
The weapon.
623
00:31:42,367 --> 00:31:45,337
You objected to the
administration of meperidine?
624
00:31:45,370 --> 00:31:47,396
Raza: I suggested acetaminophen,
625
00:31:47,439 --> 00:31:49,908
but Dr. Auster grew angry.
626
00:31:49,941 --> 00:31:52,274
He said if I didn't like the
way the hospital was run,
627
00:31:52,310 --> 00:31:54,541
I should continue
my training elsewhere.
628
00:31:54,579 --> 00:31:56,605
Stone: Thank you, Doctor.
629
00:31:57,716 --> 00:31:59,378
Do you know how long
630
00:31:59,418 --> 00:32:01,910
Dr. Auster has been
practicing medicine, Dr. Risa?
631
00:32:01,953 --> 00:32:03,353
Raza.
632
00:32:03,388 --> 00:32:06,449
Um, I don't know.
25 years, maybe?
633
00:32:07,659 --> 00:32:10,993
And do you know where
he went to medical school?
634
00:32:11,029 --> 00:32:14,557
Harvard, I believe.
That's correct.
635
00:32:14,599 --> 00:32:16,295
How long have you been a doctor?
636
00:32:16,334 --> 00:32:17,734
Two years, sir.
637
00:32:17,769 --> 00:32:19,635
I see.
638
00:32:19,671 --> 00:32:21,936
And where did you
go to medical school?
639
00:32:23,275 --> 00:32:25,437
At the University of Peshawar.
640
00:32:27,279 --> 00:32:28,713
Thank you.
641
00:32:32,350 --> 00:32:34,876
Stone: Dr. Mills, were
you present on March 15th
642
00:32:34,920 --> 00:32:36,855
when Suzanne
Morton was admitted?
643
00:32:36,888 --> 00:32:38,516
Mills: Yes.
644
00:32:38,557 --> 00:32:40,753
And what was your
reaction when Dr. Auster
645
00:32:40,792 --> 00:32:43,261
prepared to inject Suzanne
Morton with meperidine?
646
00:32:43,295 --> 00:32:45,628
I said her chart showed
647
00:32:45,664 --> 00:32:47,656
she was taking phenelzine.
648
00:32:47,699 --> 00:32:50,965
Meperidine was contra-indicated.
649
00:32:51,002 --> 00:32:53,562
And where did you
go to medical school?
650
00:32:53,605 --> 00:32:55,233
Harvard.
651
00:32:56,641 --> 00:32:58,166
Thank you.
652
00:33:03,215 --> 00:33:05,013
Stone: So in your expert opinion
653
00:33:05,050 --> 00:33:07,349
the administration of meperidine
654
00:33:07,385 --> 00:33:09,286
in conjunction with phenelzine
655
00:33:09,321 --> 00:33:11,017
killed Suzanne Morton?
656
00:33:11,056 --> 00:33:12,615
That's correct.
657
00:33:12,657 --> 00:33:14,785
No further questions.
658
00:33:16,094 --> 00:33:18,188
But isn't it true you had to run
659
00:33:18,230 --> 00:33:20,256
a second toxicological screen
660
00:33:20,298 --> 00:33:22,563
to even find meperidine
and phenelzine
661
00:33:22,601 --> 00:33:24,092
in Suzanne Morton's body?
662
00:33:24,135 --> 00:33:26,366
That's because both drugs
663
00:33:26,404 --> 00:33:27,963
are unusual unto themselves...
664
00:33:28,006 --> 00:33:29,998
Thank you, Doctor.
And would not be found
665
00:33:30,041 --> 00:33:31,509
unless specifically requested...
666
00:33:31,543 --> 00:33:34,445
Thank you, Doctor!
Which they were.
667
00:33:34,479 --> 00:33:38,348
Isn't it possible that pneumonia
killed Suzanne Morton?
668
00:33:40,018 --> 00:33:41,816
It's possible...
669
00:33:41,853 --> 00:33:44,516
that death rays
from Mars killed her...
670
00:33:44,556 --> 00:33:46,548
but I don't think so.
671
00:33:52,397 --> 00:33:53,990
Dr. Auster must've spoken to you
672
00:33:54,032 --> 00:33:55,523
during the course of the party.
673
00:33:55,567 --> 00:33:58,731
Every five minutes.
"Fill her up."
674
00:33:58,770 --> 00:34:00,398
Nevins: Was his speech slurred?
675
00:34:00,438 --> 00:34:02,100
Not so I remember.
676
00:34:03,174 --> 00:34:04,836
Did he seem drunk in any way?
677
00:34:04,876 --> 00:34:08,438
I never saw anyone
hold his liquor better.
678
00:34:14,219 --> 00:34:16,984
Stone: During your years
of research into alcoholism,
679
00:34:17,022 --> 00:34:18,615
Dr. Walters,
680
00:34:18,657 --> 00:34:21,491
have you ever observed
people who appear to be sober
681
00:34:21,526 --> 00:34:23,427
but are, in fact, drunk?
682
00:34:23,461 --> 00:34:25,225
It happens all the time.
683
00:34:25,263 --> 00:34:27,095
It could happen to Dr. Auster?
684
00:34:27,132 --> 00:34:29,761
Objection, it could
happen to my Aunt Minnie,
685
00:34:29,801 --> 00:34:31,133
but it doesn't.
686
00:34:31,169 --> 00:34:32,728
Judge: Sustained.
687
00:34:32,771 --> 00:34:34,364
I'll rephrase the question.
688
00:34:36,274 --> 00:34:38,834
If a 55-year-old man
689
00:34:38,877 --> 00:34:41,608
weighing...
690
00:34:41,646 --> 00:34:44,013
185 pounds,
691
00:34:44,049 --> 00:34:47,451
having consumed 10 shots
of bourbon in two hours,
692
00:34:47,485 --> 00:34:50,387
appears to be stone cold sober,
693
00:34:50,422 --> 00:34:53,085
does that mean he is, in fact,
694
00:34:53,124 --> 00:34:55,286
in full possession
of his faculties?
695
00:34:55,327 --> 00:34:57,262
No.
696
00:34:58,697 --> 00:35:01,599
Now if that same 55-year-old man
697
00:35:01,633 --> 00:35:03,898
weighing 185 pounds
698
00:35:03,935 --> 00:35:05,904
has several drinks
699
00:35:05,937 --> 00:35:07,371
and he appears
to be quite sober,
700
00:35:07,405 --> 00:35:09,567
and makes a mistake,
701
00:35:09,608 --> 00:35:13,443
would that mistake necessarily
be caused by his drinking,
702
00:35:13,478 --> 00:35:15,811
or might he have made
that mistake anyway?
703
00:35:15,847 --> 00:35:18,476
Obviously that's
impossible to say.
704
00:35:19,584 --> 00:35:22,782
You'd have to be that
55-year-old man to know.
705
00:35:33,098 --> 00:35:36,262
We've got Auster drunk at
Suzanne Morton's bedside,
706
00:35:36,301 --> 00:35:38,202
prescribing the
medicine that killed her.
707
00:35:38,236 --> 00:35:39,829
Why do I feel like
we're on the ropes?
708
00:35:39,871 --> 00:35:41,549
Better go back over
every shred of evidence
709
00:35:41,573 --> 00:35:43,337
and find out what we missed.
710
00:35:43,375 --> 00:35:47,312
Because Auster's brilliant doesn't
mean he didn't do something dumb.
711
00:35:47,345 --> 00:35:49,678
And cheer up, we
got all weekend.
712
00:35:54,686 --> 00:35:56,712
Over the past five years,
713
00:35:56,755 --> 00:35:58,519
the state health
department has been notified
714
00:35:58,556 --> 00:36:00,184
of six adverse occurrences
715
00:36:00,225 --> 00:36:01,921
in the Urban Medical
Center emergency room.
716
00:36:01,960 --> 00:36:04,225
Adverse occurrences.
Nice phrase.
717
00:36:04,262 --> 00:36:08,165
There were people who died
for reasons not immediately clear.
718
00:36:08,199 --> 00:36:09,690
In all six cases
719
00:36:09,734 --> 00:36:11,396
no fault was found.
720
00:36:11,436 --> 00:36:13,371
Five of the cases
happened on nights
721
00:36:13,405 --> 00:36:15,282
Dr. Auster happened to
be in the emergency room.
722
00:36:15,306 --> 00:36:18,299
Interesting, not evidence.
723
00:36:18,343 --> 00:36:21,108
Suzanne Morton, Angela Stivic,
724
00:36:21,146 --> 00:36:23,615
a 25-year-old guy
with meningitis,
725
00:36:23,648 --> 00:36:25,742
now statistical anomalies.
726
00:36:25,784 --> 00:36:27,548
This is beyond coincidence.
727
00:36:27,585 --> 00:36:30,714
In the case of the Morton
girl, you cannot prove
728
00:36:30,755 --> 00:36:34,385
that he crossed the line
between criminal recklessness
729
00:36:34,426 --> 00:36:36,395
and unfortunate mistake.
730
00:36:36,428 --> 00:36:39,330
If he knew he was an alcoholic,
731
00:36:39,364 --> 00:36:41,890
then drinking
before going to work
732
00:36:41,933 --> 00:36:43,799
was criminally reckless.
733
00:36:45,003 --> 00:36:47,939
The crime did not take
place in the emergency room.
734
00:36:47,972 --> 00:36:50,339
It took place at
the cocktail party.
735
00:36:51,676 --> 00:36:53,770
Excellent.
736
00:36:53,812 --> 00:36:55,474
Okay, okay.
737
00:36:55,513 --> 00:36:58,642
I'm an alcoholic and I
know I'm an alcoholic.
738
00:36:58,683 --> 00:37:00,652
What do I do? Buy liquor?
739
00:37:00,685 --> 00:37:03,348
We've got charge receipts
for enough bourbon to prove...
740
00:37:03,388 --> 00:37:05,983
It proves he drank, it doesn't
prove he knew he was a drunk.
741
00:37:08,159 --> 00:37:09,787
Go to AA meetings.
742
00:37:09,828 --> 00:37:13,060
We can't canvas hundreds of AA
meetings before tomorrow afternoon,
743
00:37:13,098 --> 00:37:15,294
and there are no AA
meetings in his calendar.
744
00:37:16,968 --> 00:37:18,459
Whoa.
745
00:37:19,971 --> 00:37:21,701
What?
746
00:37:23,308 --> 00:37:25,937
Whenever he left town, he
called the office every day.
747
00:37:25,977 --> 00:37:27,605
Collect.
748
00:37:27,645 --> 00:37:29,910
Except on his last fishing trip.
749
00:37:29,948 --> 00:37:31,473
Stone: Where did you spend
750
00:37:31,516 --> 00:37:33,951
the week of June
10th, Mr. Hoffman?
751
00:37:33,985 --> 00:37:35,851
In Maine, fishing.
752
00:37:35,887 --> 00:37:38,152
Was Edward Auster with you?
753
00:37:48,833 --> 00:37:50,995
Was Edward Auster with you?
754
00:37:52,837 --> 00:37:54,396
No.
755
00:37:55,406 --> 00:37:56,840
Stone: Did he ask
you to tell people
756
00:37:56,875 --> 00:37:59,106
that he had been
with you on that trip?
757
00:38:01,112 --> 00:38:02,705
Yes.
758
00:38:02,747 --> 00:38:05,046
And why was that, Mr. Hoffman?
759
00:38:06,117 --> 00:38:08,677
He didn't want anyone
to know where he was.
760
00:38:10,054 --> 00:38:11,579
Why was that?
761
00:38:14,125 --> 00:38:15,855
He was embarrassed.
762
00:38:15,894 --> 00:38:17,522
And why was that?
763
00:38:19,964 --> 00:38:22,433
He had checked
himself into a clinic.
764
00:38:22,467 --> 00:38:24,265
Stone: What clinic?
765
00:38:24,302 --> 00:38:25,998
Hoffman: The Colson Clinic.
766
00:38:26,037 --> 00:38:29,030
What kind of clinic
is the Colson Clinic?
767
00:38:30,642 --> 00:38:32,873
Mr. Hoffman?
768
00:38:34,879 --> 00:38:37,110
It's a substance abuse clinic.
769
00:38:38,650 --> 00:38:40,312
Stone: Thank you.
770
00:38:48,560 --> 00:38:50,791
In his first group
sessions at the clinic,
771
00:38:50,829 --> 00:38:52,263
Dr. Auster told us he had
772
00:38:52,297 --> 00:38:54,459
gone through
college in three years.
773
00:38:54,499 --> 00:38:56,764
And he became Chief of Medicine
774
00:38:56,801 --> 00:38:59,498
at a major New York
hospital in only 10 years.
775
00:38:59,537 --> 00:39:01,199
Stone: Anything else?
776
00:39:01,239 --> 00:39:04,607
I believe he also mentioned
that he skipped fifth grade.
777
00:39:07,011 --> 00:39:10,277
Dr. Auster had very little
patience with our program.
778
00:39:11,983 --> 00:39:14,578
How long does your
treatment program last?
779
00:39:14,619 --> 00:39:16,315
28 days.
780
00:39:17,989 --> 00:39:19,924
How long did Dr. Auster stay?
781
00:39:19,958 --> 00:39:21,426
Six days.
782
00:39:21,459 --> 00:39:23,428
He left against our advice.
783
00:39:23,461 --> 00:39:25,987
Stone: Would you say Dr. Auster
knew he was an alcoholic
784
00:39:26,030 --> 00:39:28,261
by the time he left?
785
00:39:28,299 --> 00:39:30,734
He would never have come
in the first place if he hadn't.
786
00:39:30,768 --> 00:39:33,033
Stone: I have no
further questions.
787
00:39:33,071 --> 00:39:35,040
Are you positive?
788
00:39:39,477 --> 00:39:42,845
Now I am going to ask
you to limit your responses
789
00:39:42,881 --> 00:39:45,282
to my question to
a simple yes or no,
790
00:39:45,316 --> 00:39:48,286
so we can avoid these
subjective flights of fantasy
791
00:39:48,319 --> 00:39:50,447
that your last
statement exemplified.
792
00:39:50,488 --> 00:39:53,322
Do you understand my
request, Dr. Rasmussen?
793
00:39:53,358 --> 00:39:54,826
Yes.
794
00:39:54,859 --> 00:39:56,987
Good, thank you.
795
00:39:58,263 --> 00:40:01,290
Now, did Dr. Auster say to you,
796
00:40:01,332 --> 00:40:03,130
"I am an alcoholic"?
797
00:40:04,135 --> 00:40:05,194
No.
798
00:40:07,105 --> 00:40:09,199
In fact, didn't
Dr. Auster say to you,
799
00:40:09,240 --> 00:40:10,538
"I am not an alcoholic"?
800
00:40:10,575 --> 00:40:14,808
You must under... Yes or
no, Dr. Rasmussen, please.
801
00:40:14,846 --> 00:40:18,408
Did he say, "I am
not an alcoholic"?
802
00:40:23,855 --> 00:40:25,255
Yes.
803
00:40:28,559 --> 00:40:30,289
No more questions.
804
00:40:30,328 --> 00:40:32,763
Judge: You may
step down, Doctor.
805
00:40:34,098 --> 00:40:37,466
Stone: Did Dr. Auster
discuss his drinking with you?
806
00:40:37,502 --> 00:40:41,064
Anything that transpired
between Dr. Auster and myself
807
00:40:41,105 --> 00:40:43,370
is protected by
patient/doctor privilege.
808
00:40:43,408 --> 00:40:46,901
As well as patient and
doctor, you're friends,
809
00:40:46,945 --> 00:40:48,345
We are.
810
00:40:49,614 --> 00:40:51,742
Where did you have
lunch with him on June 7th,
811
00:40:51,783 --> 00:40:53,149
in your office?
812
00:40:53,184 --> 00:40:56,586
No, at The Four Seasons.
813
00:40:56,621 --> 00:41:00,149
Did you conduct your physical
examination of Dr. Auster there?
814
00:41:00,191 --> 00:41:02,490
Uh, no.
815
00:41:02,527 --> 00:41:05,656
Did you bill him for your time?
816
00:41:08,266 --> 00:41:11,896
No, it... it was a...
817
00:41:11,936 --> 00:41:14,030
A friendly lunch? Yes.
818
00:41:14,072 --> 00:41:16,473
So privilege is
not an issue here.
819
00:41:19,010 --> 00:41:22,970
Did you say anything during
your friendly lunch that upset him?
820
00:41:25,683 --> 00:41:27,083
Doctor?
821
00:41:28,519 --> 00:41:30,283
I... I...
822
00:41:30,321 --> 00:41:32,017
I told him
823
00:41:32,056 --> 00:41:34,218
that, um...
824
00:41:35,460 --> 00:41:38,828
if he didn't stop drinking
he'd be dead in five years.
825
00:41:46,704 --> 00:41:49,173
Thank you.
826
00:41:49,207 --> 00:41:51,199
Judge: Does the
defense wish to begin,
827
00:41:51,242 --> 00:41:53,734
or would you prefer to break
for an early lunch, Mr. Nevins?
828
00:41:53,778 --> 00:41:55,838
If it please the court,
the defense can bring
829
00:41:55,880 --> 00:41:57,280
its one witness before noon.
830
00:41:57,315 --> 00:41:58,715
Proceed.
831
00:41:58,750 --> 00:42:02,448
The defense calls
Dr. Edward Auster.
832
00:42:08,393 --> 00:42:11,522
And so the tragic
death of a six-year-old
833
00:42:11,562 --> 00:42:14,259
led to sight for one child
834
00:42:14,298 --> 00:42:16,233
and a new heart for another.
835
00:42:16,267 --> 00:42:19,169
The boy who got the heart
is now the star shortstop
836
00:42:19,203 --> 00:42:21,104
to the little league
baseball team.
837
00:42:22,106 --> 00:42:24,473
Nevins: Finally,
how many doctors
838
00:42:24,509 --> 00:42:26,341
and immediate family
members of doctors
839
00:42:26,377 --> 00:42:28,107
have you treated
in the past 10 years?
840
00:42:29,847 --> 00:42:32,840
I really have no idea.
841
00:42:32,884 --> 00:42:35,444
Well, I do. I did some research.
842
00:42:35,486 --> 00:42:37,284
Over 300.
843
00:42:37,321 --> 00:42:39,688
So it seems you're
the kind of doctor
844
00:42:39,724 --> 00:42:42,193
whose hands other
doctors put their lives in.
845
00:42:42,226 --> 00:42:45,958
I certainly hope I've
lived up to that trust.
846
00:42:45,997 --> 00:42:47,932
Oh, brother.
847
00:42:47,965 --> 00:42:49,831
Defense rests, Your Honor.
848
00:42:49,867 --> 00:42:51,495
Judge: Mr. Stone?
849
00:42:51,536 --> 00:42:53,300
The hour is almost up.
850
00:42:53,337 --> 00:42:56,307
Could you hold your
cross-examination until after lunch?
851
00:42:56,340 --> 00:42:58,969
Of course, Your Honor.
852
00:43:00,378 --> 00:43:02,813
Good job. I thank you.
853
00:43:50,094 --> 00:43:52,154
That many?
854
00:43:53,598 --> 00:43:56,158
So then you do think patients
should know as much as possible
855
00:43:56,200 --> 00:43:57,828
about the doctors
that treat them?
856
00:43:57,869 --> 00:44:00,737
Yes, of course. Where he
was trained, who trained him.
857
00:44:00,771 --> 00:44:02,433
Personal habits?
858
00:44:02,473 --> 00:44:04,704
I don't see why...
859
00:44:06,310 --> 00:44:10,008
unless it impacts on
his ability as a physician.
860
00:44:10,047 --> 00:44:12,744
Well, let's talk about that.
861
00:44:17,321 --> 00:44:19,256
Have you had a drink today?
862
00:44:19,290 --> 00:44:21,623
Objection, Your
Honor, relevancy.
863
00:44:21,659 --> 00:44:23,525
I'll allow it.
864
00:44:26,164 --> 00:44:27,860
Yes.
865
00:44:27,899 --> 00:44:30,494
Stone: More than one?
866
00:44:33,004 --> 00:44:34,734
Yes.
867
00:44:36,607 --> 00:44:38,735
How many more than one?
868
00:44:44,015 --> 00:44:45,745
I'm not sure.
869
00:44:47,018 --> 00:44:50,147
Do you recall, was it
between two and five drinks?
870
00:44:50,188 --> 00:44:52,157
I don't recall.
871
00:44:53,624 --> 00:44:55,422
Doctor, is it not a fact
872
00:44:55,459 --> 00:44:58,725
that you had six
bourbons on the rocks
873
00:44:58,763 --> 00:45:01,426
at Chance's Pub
not 45 minutes ago?
874
00:45:01,465 --> 00:45:03,331
Nevins: Objection, Your Honor.
875
00:45:03,367 --> 00:45:04,630
Judge: I'll allow it.
876
00:45:04,669 --> 00:45:06,103
Let's move on, Mr. Stone.
877
00:45:06,137 --> 00:45:08,197
Would you step into
the well, Dr. Auster?
878
00:45:08,239 --> 00:45:09,605
Objection, Your Honor,
879
00:45:09,640 --> 00:45:11,575
there's no need for
Dr. Auster to stand.
880
00:45:11,609 --> 00:45:13,544
Sidebar, please, Your Honor?
881
00:45:18,115 --> 00:45:20,482
What's going on, Mr. Stone?
882
00:45:20,518 --> 00:45:22,419
Does Dr. Auster look
drunk to you, Your Honor?
883
00:45:22,453 --> 00:45:24,012
What the hell is that
supposed to mean?
884
00:45:24,055 --> 00:45:26,991
I must be allowed to show Dr. Auster
is in the courtroom and he's drunk.
885
00:45:27,024 --> 00:45:28,686
Your Honor, I
strenuously object to this.
886
00:45:28,726 --> 00:45:30,126
Overruled.
887
00:45:30,161 --> 00:45:31,959
Proceed, Mr. Stone.
888
00:45:33,164 --> 00:45:35,724
Step into the well, Doctor.
889
00:45:41,839 --> 00:45:44,468
This is a New York City
Police Department manual.
890
00:45:44,508 --> 00:45:47,478
I'm going to administer
a standard test
891
00:45:47,511 --> 00:45:49,412
to determine whether a person
892
00:45:49,447 --> 00:45:51,313
is operating a motor vehicle
893
00:45:51,349 --> 00:45:53,181
under the influence.
894
00:45:53,217 --> 00:45:55,448
This is an outrage.
895
00:45:55,486 --> 00:45:58,183
Do as Mr. Stone
instructs you, Doctor.
896
00:46:01,792 --> 00:46:03,727
Raise your arm
897
00:46:03,761 --> 00:46:05,923
to the level of your shoulder,
898
00:46:05,963 --> 00:46:07,932
close your eyes,
899
00:46:07,965 --> 00:46:10,298
and point to your nose
with your index finger.
900
00:46:28,819 --> 00:46:31,379
Dr. Auster, did you
appeal the verdict?
901
00:46:31,422 --> 00:46:33,948
No, I'm sorry... Nevins:
Could you please leave?
902
00:46:39,163 --> 00:46:41,132
Congratulations.
903
00:46:44,502 --> 00:46:46,334
How did you know?
904
00:46:51,175 --> 00:46:53,167
My father.
905
00:46:55,012 --> 00:46:57,208
Every day at lunch.66202
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