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Then what good would it do to ruin the reputation of two men, to help a girl whose life's not going to be changed in the least? You know what CODE BLUE means?
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'Code Blue'...
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It's a common medical term.
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Please sit down. I told your wife. I'm sorry that we have to meet out here. I've got a case coming in two days in the Superior Court and my office is a mess of papers.
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... that's all right.
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I was telling your wife, we have a very good case here.
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...the Archdiocese called up, they said who was our attorney, 'cause the case is coming to trial...
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I doubt we'll have to go to trial ...
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... we told them we didn't want it to come out this way.
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I completely understand ...
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We just ...
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What is this going to cost?
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It's completely done on a contingency basis. That means whatever the settlement is I retain onethird ...that is, of course, the usual arrangement ...
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You said you're gonna call me up. You didn't call me up. Who do you think you are? Who do you think you are...?
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Hold on a second.
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I'm going to have you disbarred. I'm going to have your ticket. You know what you did? Do you know what you did?
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It's all right, Mickey.
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You ruined my life, Mister...Me and my wife...and I am going to ruin yours... You don't have to go out there to see that girl. We been going four years. Four years...my wife's been crying herself to sleep what they, what, what they did to her sister.
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I swear to you I wouldn't have turned the offer down unless I thought that I could win the case...
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What you thought!? What you thought...I'm a workingman, I'm trying to get my wife out of town, we hired you, we're paying you, I got to find out from the other side they offered two hundred...
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I'm going to win this case...Mist...Mr. Doneghy...I'm going to the Jury with a solid case, a famous doctor as an expert witness, and I'm going to win eight hundred thousand dollars.
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You guys, you guys, you're all the same. The Doctors at the hospital, you...it's 'What I'm going to do for you'; but you screw up it's `We did the best that we could. I'm dreadfully sorry...' And people like me live with your mistakes the rest of our lives.
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If I could accept the offer right now, I would. They took it back.
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I understand. I went to the Bar Association. They tell me you're going to be disbarred.
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You are aware of the penalties for perjury...?
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It's a crime.
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Yes. It is a crime. A serious crime.
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I wouldn't do it.
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You would not...?
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No.
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In fact, you've just taken an oath that you would not commit perjury. You've just sworn to that. Isn't that right?
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Yes.
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Just now...
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Yes.
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...sworn before God you would tell the truth?
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Yes.
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Now. I'd like to ask you something: four years ago, when you were working as a nurse, are you aware that Drs. Towler and Marx based their treatment of Deborah Ann Kaye on this chart that you signed . . . ?
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I . . ..
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And wasn't that an oath...? These are your initials here: K.C. When you signed this chart you took an oath. No less important than that which you took today. Isn't that right? Isn't that right...?
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I...yes.
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Then, please, which is correct? You've sworn today the patient ate one hour ago. Four years ago you swore she ate nine hours ago? Which is the lie. When were you lying?
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I...
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You know these doctors could have settled out of court. They wanted a trial. They wanted to clear their names.
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They lied.
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`They lied.' Indeed! When did they lie? And do you know what a lie is?
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I do. Yes.
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You swore on this form that the patient ate nine hours ago.
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That's not my handwriting.
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You've just said you signed it.
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Yes, I, yes, I signed it, yes. But I, I didn't write that figure.
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You didn't write that figure. And how is it that you remember that so clearly after four years?
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Because I kept a copy. I have it right here.
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...what in the world would induce you to make a photocopy of some obscure record and hold it fouryears? This is a...why? Why would you do that?
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I thought I would need it.
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And why, please tell us, would you think that?
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After, after the operation, when that poor girl, she went in a coma. Dr. Towler called me in. He told me he had five difficult deliveries in a row and he was tired, and he never looked at the admittance form. And he told me to change the form. He told me to change the one to a nine. Or else, or else, he said... He said he'd fire me. He said I'd never work again....Who were these men...? Who were these men...? I wanted to be a nurse...
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Your Honor, Bishop Brophy and the Archdiocese have offered plaintiff two hundred and ten thousand dollars.
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Huh!
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My doctors didn't want a settlement at any price. They wanted this cleared up in court. They want their vindication. I agree with them. But for today the offer stands. Before we begin the publicity of a trial. For today only. When I walk out that door the offer is withdrawn. As long as you understand that. It's got to be that way.
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Mr. Concannon...?
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Nothing further, your Honor.
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Mr. Galvin, rebuttal?
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Objection! This is ri...expect us to accept a photocopy, we have the original right...
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I'll rule on that presently. Proceed.
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No further questions.
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You may step down.
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Thank you, your Honor. We object to the copy of the admissions form as incompetemt and essentially hearsay evidence and cite McGee versus State of Indiana, U.S. 131 point 2 and 216 through 25 of the Uniform Code: 'The admission of a duplicate document in preference to an existing original must presuppose the possibility of alteration and so must be disallowed.' And, your Honor, having given the Plaintiff the leeway we would like your ruling on this issue now: we object to the admission of the Xerox form.
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...one moment, Mr. Concannon...
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The document is disallowed, the jury will be advised not to consider the testimony of Kathy Costello regarding the Xerox form. It's unsubstantiated and we can't accept a copy in preference to the original...
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Thank you, your Honor. Further: Ms. Costello is a rebuttal witness. As a `Surprise Witness' she may only serve to rebut direct testimony. As her only evidentiary rebuttal was the admitting form, which has been disallowed I request that her entire testimony be disallowed and the jury advised that they must totally disregard her appearance here.
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I'm going to uphold that.
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Dr. Thompson, just so the Jury knows, you never treated Deborah Ann Kaye. Is that correct?
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That is correct. I was engaged to render an opinion.
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Engaged to render an opinion. For a price. Is that correct? You're being paid to be here today?
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Just as you are, Sir...
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Are you boardcertified in anesthesiology, Doctor?
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No, I am not. It's quite common in New York State...
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...I'm sure it is, but this is Massachusetts, Doctor. Certified in Internal Medicine?
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No.
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Neurology?
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No.
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Orthopedics?
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I'm just an M.D.
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Do you know Dr. Robert Towler...?
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I know of him.
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How is that?
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Through, through his book.
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What book is that?
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Meth...Methodology and Technique...
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...of Anesthesiology?
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`Methodology and Techniques of Anesthesiology.' Yes.
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How old are you?
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I am seventyfour years old.
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Uhhuh. Still practice a lot of medicine?
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I'm on the staff of...
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Yes, we've heard that. Doctor: you testify quite a bit against other physicians? Isn't that right? You, you're available for that? When you're paid to be there?
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Sir. Yes. When a thing is wrong...as in this case, I am available. I am seventyfour years old, I am not boardcertified. I have been practicing medicine for fortysix years and I know when an injustice has been done.
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Do you, indeed. I'll bet you do. Fine. Fine. We'll save the court the time. We will admit the Doctor as an `expert witness,' fine.
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I did.
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Objection.
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