Original subtitles

Previously on The Practice.

Has anybody seen Tara? She's with a client. She'll be out all day. I need a

typist today, Alan. I'm sure Jimmy can type.

What'd you say? Tara works for the firm, Alan, not just you.

Forgive me, but since I just brought in $750 ,000 on top of the $2 million

before that, on top of the $3 million before that... The guy is monopolizing

associates like he's a partner, which he isn't. I'm sick of this. And I'm also

sick of you making excuses for the guy. You bugged a hotel room to get illicit

private pictures. You then used those pictures to commit extortion. You have

stepped way outside the law.

I gave you my word that I'd sooner take myself down than this firm. I meant

that. Well, you're taking yourself down, and you're taking us down with you.

You're a very interesting woman, aren't you?

If you'd like to go to a nice restaurant, share a lovely bottle of

don't want that, you want to do it on a conference table because it's debate.

Get some help, and then ask me out to dinner sometime.

I don't get it, Eleanor.

I see nothing redeeming about that man.

You have to know him, Jimmy.

Listen to me, Alan. I'm tired of listening to you. You're not that

I'll keep completely out of your way. You stay the hell out of mine.

He's gone.

Eugene. When this trial is over, that man is gone.

Oh, God, help me.

Hang in there. Oh, it hurts.

You're doing great, honey. You're doing great, baby. You're doing great.

Where's the doctor?

He's in with another patient. How are we doing?

Still dilated to six centimeters.

Stable in the 140s. Please do something.

Mary, let's retest for protein.

Mary, you've only been here an hour. It takes time.

It hurts.

Well, I can start you an epidural, but I think it's a little late. Oh, my God.

Mary, Mary, I need you to stay with me. Stay with me now. Are we ready?

Let's move.

Mary, I need you to stay with me. Stay with me, Mary.

Stay with me now. Stay with me.

Mary, come on, honey. Come on, Mary. Hang in there.

Go, go. Let's go.

Stay with me.

That's what he said.

The nurse pushed me out of the room, so I waited in the hallway, praying.

Can you tell us what happened next?

The doctor finally came out.

Said my daughter was okay, but Mary didn't make it.

She died on the operating table.

Tom, when you first arrived at the hospital... She was in severe pain.

We told them.

They just put us in a room.

They didn't do any tests?

Yes, some.

But they just said it's labor pain, which Mary knew was wrong. She kept

them.

They just dismissed it.

Did your wife see a doctor during her pregnancy or receive any kind of

examination? We couldn't afford it.

I was an unemployed musician at the time. Did you have health insurance?

No. So she never knew that she had an abnormal uterus?

No. And when you arrived at the hospital, you told them that your wife

labor?

Yes. You didn't suspect that anything was wrong?

At the time, I thought it was just a painful labor.

Clearly, it was not just that.

I understand.

Thank you. I'm all done.

Except to say that we're all so, so sorry about what happened.

May I respond to that?

There's no question before you, sir. I'd like to respond to his statement that

he's sorry.

I sat through four depositions and never once did this attorney show any

remorse, contrition. Move to strike. But in front of the jury, he's suddenly

compassionate. Okay, Mr. Quillen, you've made your point.

You're angry at me?

Yes, I am.

I'm informed that after your wife died, you stopped going to church. According

to several of your friends, you're angry at God. Is that fair?

Maybe. So you're angry at the doctor, you're angry at me, even angry at God.

Given that you never got your wife any prenatal care whatsoever, when a simple

checkup perhaps could have saved her life, are you at all angry with

This feels uncomfortable.

Eugene, if you're about to fire somebody, you have to meet with a labor

It would be corporate negligence for you not to do so.

Yeah, even so.

Is this an administrative employee? No, he's an associate who acts like a

partner, which is part of the problem.

What are the grounds?

Where do I start?

He's unethical, insubordinate.

He's sexually harassed. He's even committed criminal acts.

Problem is, he's also brought in a lot of money, so he may try to claim that

he's a de facto partner.

When you say a lot of money... For the last six months, more than all the other

lawyers.

Combined.

You may have a problem.

During the course of labor, her uterus ruptured, which ultimately was the cause

of death.

She bled to death?

Yes. In your opinion, Doctor, could Dr.

Platt have prevented Mary Quillen's death?

Could have and should have.

She was in severe pain.

She wasn't dilating. A C -section was indicated, and he failed to perform one.

This death was easily preventable.

The autopsy showed that Mrs. Quillen had an abnormally small uterus, which might

have caused it to rupture. Correct.

But Dr.

Platt had no way of knowing this, did he?

Mrs. Quillen never had a prenatal exam.

Many women don't have prenatal exams.

Doctors still manage to give them adequate care. Your client didn't. I

you in the delivery room that night, Doctor?

No, but your client admits the patient was in labor for an hour. He saw her

suffering severe upper abdominal pain. He knew her contractions had stopped.

He had more than enough information to do an immediate C -section.

And failing to do so... Have you been paid by the plaintiff to give your

today?

My opinion is not for sale, counsel. It's based on the facts presented to me.

But a lot of those facts were not available to my client that night in the

were they, doctor? Perhaps not, even so. Thank you.

And though your opinions aren't for sale, how much are you being paid for

today's court appearance?

$3 ,000.

And how many times have you testified in medical malpractice? Objection. This is

irrelevant.

Your Honor?

Now what?

I don't know.

If he's okay, it could just be a delay.

If he's not, we could get a mistrial.

Which means... We might have to start all over again.

The earliest I could possibly get out is seven.

And probably close.

Where are you going at seven?

One second.

Should I come?

This is personal.

Man trouble?

Do you mind?

Tara, if it is a man, I could be of tremendous help.

In a prior life, I was Cyrano de Bergerac.

Well, I'll keep that in mind.

To whom am I talking?

This is Tara's uncle from the more disturbing branch of the family.

Have you two been kissing? Alan!

Go to the corner and sit.

I'm just trying to help.

The advice is don't tell Eleanor.

She's a partner.

She's also his friend, and she'll tell him. Now, if he takes clients to files,

then what?

So, how does this go down?

Well, as we fire him... We send out pre -written letters by registered mail to

all our clients, explaining the split, inviting them to stay with us. We also

have a locksmith on standby to change the locks. We change the passwords on

computers. All of this has to happen as we fire him, not a minute before,

because if we jump the gun, he can paint it as bad faith. As opposed to being on

the up and up.

It's a dirty business, Jimmy, but according to Labor Council, it's the

we can do it.

I need two votes.

You with me?

The good news is Judge Zeldin is okay.

The bad news is doctors have prescribed bed rest and he can't continue.

So... I'll take over.

His clerk has brought me up to speed.

Do you think that's wise?

Why isn't it? You've expended two court days already. It certainly makes sense

to keep going if possible.

Nobody's been prejudiced.

We have a little problem.

You remember we told you about the Massachusetts Charitable Immunity Act,

limiting damages in medical malpractice cases?

You said judges sometimes strike it. I did. And Judge Zeldin was one such

Judge Mantle is not. He seems to honor the cap.

So... The most money we could get here is now $20 ,000.

What I think we should do is try to settle it for that.

No.

Tom... I will not settle my wife's life for $20 ,000.

I'd rather take the moral victory of a big verdict than walk away for... Tom...

I cannot in good conscience expend thousands of dollars on expert witnesses

expend our time. I didn't get a doctor because I'm poor. Now you're saying I

don't get a lawyer. That's not fair. We have put in hundreds of hours on this

case. Then why quit now in the middle of trial?

Because as I said, this judge.

I want a verdict.

I want the jury sending these people a message.

These people in this case is an insurance company.

The only message they're equipped to receive is numerical, and they are

on this.

If you want us to keep going, we will.

What? Because he hired us, Eugene. To win a judgment that now you cannot get.

This judge is fair.

She's a partner. Billing out at $400 an hour. You bill out at $250. This case

could take a week. Pay no attention to him, Jamie. Good for you.

I feel the mean man glaring at me.

This doesn't concern you.

Oh, but it does, Eugene. I can tell her how to win.

How? I know Judge Mantle. He's a man given to compassion. And better yet,

politics. If you shock his conscience, get some media down there to shed some

light on that conscience, out of the goodness of both heart and career, he'll

probably do the right thing.

I have a reporter from WXDE.

She owes me a favor.

It's biblical, but I'm sure she'd be thrilled to compromise herself

professionally instead.

Go. Tell your story, Jamie. The cap is wrong.

The woman died having a baby, for God's sake. The man deserves more than $20

,000. Be an advocate.

Fix the problem. Go, team, go. Rah!

Tara. Jimmy.

My office, please.

I feel like coffee in a croissant, shall we?

This is confidential information.

It is a partner matter. You are not to share this information with anybody

than Jimmy and me.

Clear?

Okay.

We need to have all the computer passwords changed by Thursday noon.

The new password, which I will give you, you will not divulge to anyone.

Okay. You will also get a letter prepared by Labor Council.

Which letter you have to type on our stationery and prepare to send by

registered mail to all our clients. This too, by Thursday noon.

Okay.

This is extremely confidential.

I will trust you to respect that confidence.

Okay.

Gee, I hope she doesn't suspect anything.

Well, we can't do it without her.

We're a charity hospital.

Of course, money's a problem. But it never affects the quality of our care.

C -sections are about twice as expensive as natural childbirth. Is that

accurate? Yes, but... And who pays the additional costs?

Typically, the insurance company.

If the patient has insurance, what if she doesn't? Then the hospital would

But that's not why we encourage natural birth.

It's safer, the recovery time is shorter, and frankly, too many doctors

unnecessary C -sections.

But at St. Teresa's, women without health insurance are five times less

to have a C -section than women with insurance.

So... That's true of most charity hospitals.

That's your excuse? They all do it? We are not forcing poor women to have

dangerous births. And I take offense when you... How many women able to pay

a C -section have ever been refused one?

I'm not certain. None.

The only women refused are impoverished. Poverty has nothing to do with this.

Poverty is what killed Mary. That's a lie.

True or false, Doctor?

If Mary Quillen had the money to pay for a C -section, she would still be alive

today. False. That is false.

Most women want to give birth naturally, do they not?

Absolutely. In fact, the movement to encourage natural childbirth is very

feminist issue. Has St. Teresa's policy of reducing C -sections been reviewed by

the state's medical board? Yes, our policy has been approved as safe and

appropriate. Has your hospital or Dr.

Platt ever been disciplined by the state medical board for what happened here?

No, because as terrible as this outcome was, we did nothing wrong.

Did nothing wrong?

How many affluent women die delivering babies?

Even the ones that do, at least the hospital tries to save them.

But you know, that's not really the point. What is?

Doctors and hospitals make mistakes.

Mistakes happen.

But to shield them from liability.

I'm all for tort reform.

But to put a $20 ,000 cap on a wrongful death is just wrong.

And most states wouldn't even consider this, and Massachusetts shouldn't

John Kerry can't possibly support this.

Ted Kennedy, I know, doesn't.

I am hopeful that Judge Mantle will reject this as well.

That was a cheap shot, Ms. Stringer. I would think you'd have the integrity to

at least try this case in the courtroom.

Is that why you asked for this meeting?

To lecture me. You'll be lucky if you don't get censured by the bar, but

not why I called for the meeting.

Against my advice, the client is prepared to offer you $100 ,000, sealed,

admission.

First of all, a woman died.

$100 ,000. Is 80 more than you'd otherwise get under the cap.

Then why would the hospital offer it? The hospital didn't.

I'm making the offer.

Out of your own pocket? Yes, and I'll tell you why. Robert. No, let's just

straight. Does that violate some attorney code of conduct?

If I lose here, cap or not, my insurance carrier will drop me. They do it to

OBGYNs all the time. They will do it to me. You've said enough. You represent

the hospital and the insurance company, Brian. Nobody's really speaking for me

here. I'd like to.

I have never been found by any medical review board to have committed any

malpractice, ever.

And yet, I've been sued seven times. We're getting sued out of business.

Believe it or not, I am not in this profession for the money.

I'm a doctor.

A pretty damn good one.

My father was an OBGYN. It's all I ever wanted to be.

If you win in court, the most you can get is 20.

I'm offering you 100.

And I'm not taking it. Okay, Tom. You killed my wife. No, you contributed to

that by not ever getting prenatal care.

The offer is rejected.

Let's go.

I'm offering you every penny I have.

And it's not enough.

The offer is rejected.

Working kind of late?

Oh, no. I'm just pretending so as to impress and inspire my office mates.

Eugene's hired a labor law firm for something.

All the computer passwords are being changed.

Looks like someone's getting fired.

I'm sure it's nothing.

I'm all for tort reform.

But to put a $20 ,000 cap on a wrong... It's getting play.

I guess that's good.

You ready for the doctor?

I think so.

I gotta go hard, right?

I would.

Clearly he has a button.

If you can get him to go Howard Dean up there, that could help.

I just don't want to come off as a monster.

Jamie, we need to accomplish two goals here.

First, to get a favorable verdict, which will be tough, because between you and

me, I'm not sure this doctor committed any negligence. And second, even should

we win, the judge has to be outraged enough to strike the cap.

Now, the book on this judge is that he does rule from emotion sometimes.

So go for it.

I've got the draft letter pretty much done.

I emailed it to the labor lawyer.

He sent it back with some minor changes, but I want you to review it, too.

When do we tell Eleanor?

She's back from court at lunch. We'll tell her then, just before we tell him.

Hello, Eugene.

What? Listen, I've been having trouble getting into my computer. I was

if you could help.

Almost seems as if the password's been changed. But I'd know if there were a

password, wouldn't I?

I mean, you wouldn't change it behind my back, would you?

That's something Jimmy might do, but not... Oh, hello, Jimmy.

I didn't see you there at first.

Not surprised, though, following closely as usual, waiting for orders, hoping

for a few scraps.

Anyway, Eugene, forgive me if I seem overly concerned, but it's just

people have screwed me over in the past.

And I don't like getting screwed over.

Get him in here.

Eugene. Get him in here now.

I've delivered thousands of babies over my career.

I never lost a mother until this case.

You were monitoring her. Did you miss anything?

I don't think so.

Had she seen a doctor during her pregnancy, I would have known about her

abnormality, and I probably would have gone with a C -section sooner.

Probably would have? Natural childbirth is always preferred for the baby and the

mother. Doing C -sections without cause is bad medicine.

She wasn't in labor that long, and we had no warning she was in danger.

Predicting uterine rupture in a healthy woman who never gave birth before is

almost impossible.

This was a tragedy, but it is not one we could have avoided.

The Quillens told you they didn't have the money for prenatal care.

That had nothing to do with the treatment I gave her. My question,

you know they couldn't pay for treatment?

Yes. You also knew they didn't have insurance, correct?

Yes. So you knew that whatever treatment they got, the hospital was going to

have to eat it. I did not put that woman's life at risk to save money.

She had only been in labor an hour. It would have been inhumane to just cut her

open without cause.

Any doctor... She was screaming in pain.

She was in labor. It's painful. You weren't even there. I was there. You

weren't. How many obstetricians were on duty that night at the hospital?

Just me. The other obstetricians had quit because... Objection.

Sustained. You were the only OBGYN on duty that night. And in fact, you hadn't

slept for two nights before Mary Quillen came in. You were overseeing five other

patients. I was not overly tired.

You were exhausted and overworked. I was not. And you made a bad decision. I did

the best I could. She came in to have a baby. She's dead. And you did the

best... I didn't do anything wrong. You didn't do anything at all. I did

everything I could.

You know what, counsel?

I will tell you this. Objection. Doctor. When that judge went face down the

other day, I froze.

I wanted to run up. I'm a doctor, for God's sake, but I was too afraid of

getting sued. Did you freeze in the emergency room that night? No, I did

But many doctors might. Dr. Platt. You're the problem.

You're the problem. Dr. Platt, that is enough.

Did I go too hard? I don't think so. You had to go after him. You had no choice.

Is your closing ready?

Not exactly, but I'll work on it.

Can I please speak to you?

Doctor, you're represented by counsel.

I realize that, but my counsel has a conflict. He represents the hospital and

the insurance company.

Then you need to retain another lawyer. We can't... $200 ,000.

I would need time to refinance my house, but... I don't think our client is

going to move for two.

You people are lawyers.

You know what it's like to be held hostage by insurance carriers.

If I get any unfavorable verdict, they drop me.

Without coverage, I can't practice.

Dr. Platt, you're represented by counsel.

We cannot be having this discussion.

I'm sorry.

You need me?

Yes. Close the door, please.

Is this something sexual?

Sit.

We've decided to let you go.

Ah, go where?

You're being discharged.

Why? Well, let's call it philosophical differences.

I'd like you to leave immediately.

Is Eleanor in on this?

Eleanor doesn't know yet, but she'll be informed.

I suppose you've already managed to copy files.

I'll remind you that that's illegal, though I doubt you care.

Eugene, I don't need to copy files.

And most of the corporate clients here are mine anyway.

You brought them in, but once you did so, they became clients of the firm.

Here's a check representing two weeks' severance pay.

I've generated fees in excess of $6 million.

You've handed me a check for $15 ,000. You can keep it.

You're a very talented lawyer, Alan, but you don't fit in here.

We'll be happy to give you a good recommendation.

Now, it's time for you to go.

Eugene, is it sexual?

Goodbye, Alan.

I'm keeping checkers.

Tara?

Alan sure seemed to know this was coming.

Did you tell him?

Yes.

I'm sorry.

I owe you a lot, Eugene, and it wasn't my intent to betray you.

Really? Well, you did.

Why?

I guess I like him.

You told me he repelled you.

He so often does.

But it turns out that I consider him a friend.

Your employment here is terminated.

You'll be given two weeks severance. Your discharge is effective immediately.

Lucy? Hey.

Eleanor. How are you?

Oh, I'm good.

Good. You look amazing.

Thank you. How have you been?

How's life as a rape counselor?

Well, it's not a lot of laughs, but... God, you look wonderful.

What brings you by?

You just say hello?

Uh, no. I'm just filling in in a pinch.

Filling in?

Where's Tara?

Eleanor, can we talk to you for a second?

Sure.

Forty minutes ago, we fired Alan.

I'm sorry?

Jimmy and I agreed that on balance he was a detriment to the firm, so... Whoa,

whoa, whoa. You and Jimmy agreed?

Why wasn't I? Because you're his friend. As well as a partner with a voting...

We were trying to insulate you from a conflict. That's crap!

Why wasn't I told?

Because we feared you'd tell him, and he's still clients of files of both.

Well, it turns out Tara tipped him off, so she was fired as well.

How dare you make a unilateral decision without me? It wasn't unilateral. Jimmy

and I... I am a partner in this firm.

For you to go behind my back. You're his friend. I'm your friend.

You have a duty of honesty to me. As do you to Alan, which we couldn't risk you

honoring, not at the expense of the firm. The firm?

The firm is you, it's me, and it's Jimmy.

And Jamie and Tara.

Who you just fired. Because she betrayed us. Eugene. He had to go. I don't care

how much money he brought in. He lied. He broke all the rules. He served every

one of us. No, he did not.

The firm.

Bobby Donald turned over to us is one of integrity.

The name on this place is reputation?

It means something.

That man demeans the practice of law. He demeans this firm. He disrespected you,

Jimmy, and me. I don't care if we have to scrape for rent.

This firm will always maintain its dignity.

Character.

has to count for something, Eleanor, and if it does, that man has no place.

We need to get going.

Jamie, can you close without me there?

Um, sure.

I'm just in no emotional state to, uh... I understand.

I'm fine.

If the judge asks, I'll just tell him you're not feeling very well.

Thank you.

I better get to court.

Hmm. Seems funner than before.

Lucy, did all the letters go out? I checked. They're out.

Okay.

Thank you for, um... No problem.

Everyone says frivolous lawsuits are destroying medicine.

Insurance companies blame lawyers for driving up health costs. But you know

what?

It's a lie.

Malpractice suits are down nationally. Doctors and hospitals are making more

money than ever.

The most recent study shows that for every lawsuit filed, there are at least

acts of gross malpractice that never lead to any action.

New laws are making it harder and harder to even bring these cases.

Yet almost 100 ,000 Americans died last year because doctors and hospitals

made mistakes.

100 ,000.

Mary Quillen died because she couldn't afford a C -section.

That's worse than negligence. It's discrimination.

And it happens every day.

It's somehow become bad business to treat the poor.

And health care has become a national disgrace.

A message needs to be sent.

I don't have the power.

But you do.

This country, the richest on earth, fails to provide adequate prenatal care

poor women.

Had Mary been able to get a prenatal exam, Dr. Platt would have known that

uterus was abnormal and he likely would have ordered that C -section. But

because he didn't know, he had no basis for performing a C -section on her until

it was too late.

One reason for the state of health care in this country, by the way, a big

reason, litigation.

Your Honor. She opened the door on this.

I'll allow it.

Fear of litigation is driving health care costs into orbit.

Doctors routinely order expensive tests to cover themselves in case they get

sued. And according to Newsweek magazine, we waste 50 to 100 billion

dollars, billion, on what's called defensive medicine.

Physicians are now afraid to discuss their mistakes with each other because

candor can be used against them in court.

But you know the worst part.

Good doctors, men and women in the business of healing, like Dr. Platt, are

being driven out because they can't afford coverage.

He couldn't foresee an abnormal uterus.

This wasn't his fault.

But hey, anybody and everybody gets to sue. The problem is, win or lose, he

loses.

And so do we all.

Hey, is he here?

Oh, I've been calling him, actually. I'm trying him again now. Hello, you've

reached Alan Shore.

I'm currently with a prostitute. If you'd like to leave a message... I've

him six messages.

He's not returning.

Okay.

Listen, Tara, I'm very sorry that it... I deserve to get fired.

Eleanor, I betrayed you, Jean.

I'm willing to accept responsibility for it.

If I hear from him, I'll let you know.

Has the jury reached a verdict?

Yes, we have, Your Honor.

Question one.

Was the hospital or Dr. Platt negligent in the death of Mary Quillen?

I'll say you.

We, the jury, find Dr.

Platt and the hospital guilty of negligence.

Question two refers to damages.

Have you reached a decision on that question?

Yes, Your Honor.

We, the jury, find Dr.

Platt and the hospital...

jointly and severally liable, and order them to pay the Quillen family $3 .6

million.

Defense moves to reduce the judgment to the statutory cap of $20 ,000. Opposed.

Your Honor has the discretion to lift the cap. There is no authority for that

discretion in the legislative definition. Your Honor can rely on

judgments... Those precedents are certainly not binding, Your Honor. The

wrong, which is exactly why most states did away with the charity cap 50 years

ago.

You're right, Ms. Stringer.

The law is archaic, perhaps even immoral.

But as a judge, I'm bound to uphold it.

The verdict of $3 .6 million is vacated by statute.

The verdict is capped at $20 ,000.

Members of the jury, you're dismissed with thanks.

This matter is adjourned.

I'm sorry.

We'll appeal and we'll ask for the full judgment, but... It's okay.

You at least got a verdict.

I'm grateful for that.

Maybe it'll be heard.

Let's hope so.

I wish you well, Tom.

Thank you. And please, thank Eleanor for me.

I will.

What's new?

I'm sorry.

I didn't know.

I know you didn't.

I'm going to try to dissuade them. Eleanor, it's a place of work, nothing

It's the little things in life I find annoying.

If you could just get Tara's job back, she didn't deserve.

Hey, my friend, you and I are going to see a lot of each other.

Everything's fine, Eleanor, I promise.

I'd even go so far as to say it's all for the best, so let's see you smile.

I didn't figure you'd go so quietly.

Who said anything about going quietly?

Eleanor, I give you my word.

This is going to get very... ugly.

Not to worry.