hard did you try?”
“I asked. She said no. I accepted her decision but I wasn’t happy. I will always have to wonder about this case.”
“Wonder what.”
“Every time a doctor loses a patient, especially a young one like Mr. Wallberg, you replay it over and over in your mind. I suspect I will for a long time, but I have to bring it under control for I have many other patients that need my concentration. It’s something you learn early in your career, and if you don’t learn it, then your efficiency will be reduced and that’s unfair to your other patients.”
Barbutti sat silent for a few minutes looking through his papers. Looking up, he said, “I think, doctor, we can end this deposition now. I invite any of the other attorneys present to ask questions of the deposed.”
Betty Wu said, “Dr. Harris, how did you get to the hospital with Mr. Wallberg?”
“I called my wife to let her know what was happening and had her call an ambulance while I did my best to relieve the patient’s distress.”
“And you rode in the ambulance with the patient. Is that not so, doctor?”
“Yes.”
“Thank you doctor.”
Paul Stuart, Sanjay Madhava’s attorney asked, “Tell me doctor, have you been doing surgery since the Wallberg case?”
“Yes many times.”
“Have you worked with Dr. Sanjay Madhava?”
“Yes several times.”
“How is your relationship?”
“Good.”
“Does he show any animosity toward you?”
“Not that I am aware of. Immediately after Mr. Wallberg died, Dr. Madhava arranged not to scrub in with me for a while but since then we have worked together without a problem on a number of cases.”
“And you bear no animosity to Dr. Madhava?”
“None whatsoever.”
“Thank you, doctor,”
CHAPTER 10
Following the deposition Betty Wu and Cliff Harris went back to her office to discuss what had been learned from the deposition. “You did well, Cliff. Now you see the strategy of the plaintiff’s lawyer. Raise all kinds of absurd possibilities in the hope that the jurors will become confused as to what the actual medical situation was and whether you provided proper care. Unfortunately, jurors are seldom well versed in medical matters and a malpractice trial is often reduced to a seminar on what the practice of medicine really is. The reality is that the side that feels it has the weaker case will try to confuse the jury and I am not excusing defense attorneys from using that tactic. In this office, where there is clear negligence, we strive for an out-of-court settlement. Most of the time we are successful but if the plaintiff’s attorney insists on an unreasonable amount of money, we have to go to trial and hope the jury’s award is based more on the facts of the case rather than on sympathy alone. In this particular instance I believe you have a strong case and I’m optimistic you’ll prevail.”
Cliff said, “It was kind of an interesting experience. I might have enjoyed it more if I weren’t the target. I just wish Mrs. Wallberg had allowed the autopsy. I’m sure my diagnosis would have been vindicated.”
“I was thinking of that myself, and I’m going to suggest a strategy that has some risks.”
“What’s that?”
“I’m going to suggest to you that we file a motion to have the body exhumed.”
“Really. Can you do that?”
“Yes. If the court feels the information obtained from an autopsy is essential to resolving an important issue, it can be ordered. What do you think?”
Cliff said, “What risks would there be.”
“It’s possible there might be something in the autopsy that would help the other side.”
“What could that be?” Cliff asked.
“I have no idea.” Betty Wu responded. “Maybe there was some surgical error that you missed when you went in the second time. There was a lot of blood and you admitted that it was difficult to ascertain exactly what was causing the bleeding.”
Cliff shook his head, “When I closed him up the first time everything was perfect. I am confident there was no mishap.”
Betty said, “Are you willing to take the chance that an autopsy might turn up something that would hurt our case?”
“Let’s go for it,” Cliff said. “After all, that’s what I wanted as soon as he died. However, I think the wife will fight it. She was opposed to the idea then and I don’t see why her feelings would be any different now.”
“Well, we’ll see. Let’s file the motion and let the court decide.”
“When do you think you’ll be able to file?” Cliff asked.
“As soon as I can prepare the papers.”
“Please keep me posted,” Cliff said and departed after a few more observations were exchanged about the deposition.
**********
When Barbutti received the court filing to exhume the body of Victor Wallberg for the purpose of having an autopsy performed he informed Mrs. Wallberg who shrieked, “They can’t do that. My husband didn’t want it. They have to be fought.”
“Yes, I agree Mrs. Wallberg. We have every intention of opposing it. Your husband should rest in piece.”
“Why are they doing this?” she asked.
“It’s quite simple and I don’t blame them. If they can prove your husband had a severe DIC then Dr. Harris will be proven correct and there goes much of our case.”
There was no answer from Mrs. Wallberg.
“Mrs. Wallberg?”
“Yes? I’m just thinking. Mr. Barbutti, it’s all in your hands. I just can’t bear the thought of Victor being dug up and his body sliced apart. I want you to do whatever is necessary to prevent that.”
“I’ll do all that I can, Mrs. Wallberg,” Barbutti promised fervently.
He did just that and vigorously fought the motion for the exhumation, stressing that the wife insisted her husband told her he never wanted to be autopsied, and that the dead man’s wishes should be respected.
Betty Wu fought as vigorously for the autopsy stating that although her client met the standard of care in this case, the plaintiff was
