Bleed Out (2018) - full transcript

Test.

Test.

Mike End:
Who is the doctor in charge

- of the patient's care?
- I don't know.

Steve Burrows:
If someone would've told me
10 years ago

I'd be strapping on a spy pen
and going undercover...

( guard speaking )

Ooh.

( man speaking over phone )

...only to stumble into

a medical-industrial complex
so dangerous...



( Dr. Mark Bauer speaking )

- Could you define "awareness"?
- ...that it puts the lives

of every single one of us
at risk...

Insurance companies
take control of these cases,

and it becomes
all about money.

Steve:
I'd have said they were nuts.

This is the future of medicine.

This is the call
from my sister, June 2009.

- ( turns on tape )
- And...

this is the call
that started it all.

( Beth Burrows speaking )

- Hi!
- Steve: When my mom,

Judie Burrows,

a 69-year-old,
wildly independent,



globe-trotting
retired school teacher

from Milwaukee, Wisconsin,
went into the hospital

for a routine partial
hip replacement,

it was the beginning
of a decade-long journey

that would change
our family's lives forever.

( siren wailing )

Steve:
Mom was rushed to Aurora West
Allis Medical Center

where she was operated on
by her surgeon,

and family friend,
Dr. Mark Bauer.

Cindy Payne, RN:
We trusted Dr. Bauer.

Dr. Bauer had done
both of her total knees

and had taken good care of her.

Steve:
He stabilized her broken hip,

sent her to rehab,
and then she went home.

- Cindy: You OK?
- Judie: Mm-hmm.

- Is your back hurting?
- A little bit.

Cindy:
Judie came home, and things
did not go well.

She was in so much pain,

she wasn't getting around well,

she had the walker way longer
than she should.

Just walk through here.

Cindy:
But Judie continued
to go to physical therapy,

all these things
Dr. Bauer wanted her to do,

but time went on,
she was still struggling,

and one day, five months later,

she fell.

( siren wailing )

Cindy Knueppel:
The emergency room doctor said,

"Well, Judie,

I can't find anything wrong,
nothing broken,

so we're gonna send you home."

And that's when I said,
"No, you're not.

You have to find out
why she's in pain.

Get her admitted,
because this is not right."

Steve:
They admitted Mom
to the hospital,

where she laid there
on painkillers for eight days

with no plan of care.

I called every day
to the doctor.

"What's going on?
What are you gonna do?

She is in crazy-ass pain."

I flew in from my home in L.A.

and demanded some answers.

After another round of x-rays,

it's determined that Mom's hip
was, in fact, broken.

We later found out
that Dr. Bauer had concluded
by the middle of the summer

that her first hip surgery
was failing.

All of a sudden there was
this sort of rush to surgery.

But she was on this drug
called Plavix--
that's a blood-thinner--

and medically, you're supposed
to be off Plavix

for seven days prior to
any type of elective surgery,

or the blood
does not coagulate.

I remember Dr. Bauer saying,

"I've never had a problem
with Plavix. Never had
a problem with Plavix."

Cindy:
The nurse was concerned,

she made him write in the chart
"I'm aware of the Plavix."

Judie was very upset
and scared to death.

She said, "I'm gonna bleed,
I'm gonna bleed."

Steve:
Dr. Bauer cuts her open...

and she starts
to bleed like crazy.

The second hip surgery
involves a second incision.

So now Mom is losing
even more blood.

Cindy:
Three hours came and went.

Four hours.

Steve:
The surgery went six hours.

Mom lost approximately
half the blood in her body.

Cindy:
She was moved to ICU,

but we found out
there was no doctor

on the floor that night--
at all.

They have something called

"electronic ICU."

There's a camera in the room,

and there are doctors
stationed in a room
at the airport,

and they look at the patients
by way of this camera

to determine

what kind of care
needs to be given.

Well, within an hour,

Judie's blood pressure
plummeted.

Steve:
Mom's blood pressure
later dropped to 50/30.

Fifty over thirty means
"Holy shit."

Mom was losing oxygen
to her brain...

and we were told that camera
watching my mom

may never have been on.

Patient care manager
of the ICU told us,

"We don't like to invade
the privacy of the patient."

Is that completely fucked up,
or is that just me?

Cindy:
It was first day post-op,
and Judie

wasn't responsive at all.

Steve:
I was told that the reason
was because

she was very foggy and groggy
from anesthesia.

And I kept saying,
"Come on, now."

Another day passed,
so I blow a gasket.

The doctor of the intensive
care unit during the day,

she said, "Well, have you
seen a difference?"

I said, "Yeah. Yesterday
she looked like shit.

Today she looks like
she's dying."

The neurologist comes in,

he looks in her eyes,
he turns and he goes,

"Your mom is in a coma.

She's in a vegetative state.

We hope she wakes up,
but she might not."

And that's how
this whole thing started.

( music playing )

( siren wailing )

( heart monitor flatlining )

Male Reporter:
Medical errors kill too many
patients in the U.S.

Two hundred and fifty-thousand
people die each year...

Steve:
I've been immersing myself

in the world of medical error,

and I'm shocked to learn
how often these mistakes occur.

An Arlington man
is suing doctors

who he claims removed
the wrong kidney...

Female Reporter:
Doctors performed
a brain operation

on the wrong patient.

My husband went in
for dental implants,

and he came out in a body bag.

Martin Makary, M.D., M.P.H.:
We spend a lot of money
on heart disease--

research, education.

We spend a lot of money on
cancer research and education.

We have not even began
to recognize

the country's third-leading
cause of death:

medical care gone wrong.

We have not captured it
traditionally

in our national health
statistics.

You cannot even list it
as a cause of death.

It's been a silent epidemic.

It lives in
the conversations of doctors,

and nursing lounges.

People are dying
from bad communication,

from diagnostic errors,

from poorly coordinated care.

Today in America

we have a very complex
and sloppy system.

We promote high-volume
medical care--

doing more stuff.

It used to be that we doctors

would go to the patient's
bedside when they needed us.

Now there's an entire industry
behind us

as we're at the bedside,

creating more cracks and gaps
for patients to get harmed.

( chimes ringing )

Dr. Ted Payne:
We knew something was wrong,

because a hip operation
doesn't take six hours.

Steve:
Uncle Ted, my mom's brother,

is a doctor,
and his wife, my Aunt Cindy,

is a retired nurse.

Dr. Bauer signed the chart
saying, "I know she's on Plavix,

but I'm gonna operate
on her anyway..."

Steve:
He was furious, and wanted
to grill Dr. Bauer

about the massive blood loss
in surgery.

Ted said, "We need to see
what's going on,"

and so Dr. Bauer said, "Yeah,
yeah, let me get the chart."

He said, "Look at
the anesthesia notes.

They're impeccable."

Steve:
"They're impeccable." They kept
saying, "They're impeccable.

The surgery went good."

In my view,

the anesthesia notes
are too impeccable.

All the blood pressures
and the pulses,

it was just as even and normal
as can be.

So I think that was falsified.

- Steve: You think
they changed the records?
- I think they falsified it.

- Yes.
- Steve: Ted tells me,

"You need to become
power of attorney right now,

get the medical records
before they change 'em,

and get a medical malpractice
attorney now.

We're gonna sue."

( music playing )

Steve:
For 20 years
I was a comedy guy in L.A.

making a fool of myself
for a living.

♪ Over the top with
California Raisins! ♪

Who's gonna buy
chocolate yogurt?

- I wrote, directed...
- Action!

and performed in theater,
commercials,

- TV shows...
- What's your name?

- David Richardson.
- Get out. You're fired.

...and movies,
including my first feature,

"Chump Change."

( music playing )

...The Colonel's gonna
make your movie!

Steve:
Comedy was my life.

I follow
my Uncle Ted's advice

and pursue a lawsuit against
West Allis Medical Center.

West Allis is owned
by Aurora Health Care,

the largest system
in Wisconsin.

It has 15 hospitals,
150 clinics,

and 32,000 employees.

Aurora is huge.

Step one: I need a lawyer.

This is my working file.

- Hey, it's Steve.
- I called the people
that I knew in Milwaukee...

Call me when you get in
on Monday morning.

My sister was in law school,

her professors
gave recommendations.

I find Lynn Laufenberg.

Lynn Laufenberg:
These cases are very expensive
and very risky,

and most of them are lost.

Steve: OK.

Steve:
Every year in Wisconsin

27,000 patients
are either injured or die

due to medical negligence.

In a recent year,
only 84 lawsuits were filed.

Twenty-two went to trial,

and only three won
for the patients.

Laufenberg:
I don't proceed with any case

until I have an expert,
that I trust, who tells me

that there's been a violation
of the standard of care.

Steve:
These experts,
these are doctors.

Yes. Who charge substantially
for their time.

How much money?

Probably talking
$20,000 to $30,000

per expert.

- Cash.
- Cash.

The second thing,

the medical profession

and the medical
insurance interests

create obstacles
to recoveries.

And the thing that
discourages lawyers

from taking cases the most
are limits on recovery.

I ask the Congress to pass
medical liability reform
this year.

Steve:
Lynn says the maximum award
in Wisconsin

is $750,000.

Wisconsin is one of 35 states
with these caps.

This is a tort reform law
that discourages people

from filing so-called
frivolous lawsuits.

We're a litigious society,

everybody's suin',
it seems like.

There are too many lawsuits
filed against doctors

and hospitals without merit.

Steve:
So after attorney fees
and other expenses,

we can win and still owe money.

These cases are almost like
criminal cases in a sense,

because the word "malpractice"
is thrown around.

Nobody wants to hang that
on a doctor.

Let's get x-ray in here,
portable C spine,

CBC type and cross,
six units.

Laufenberg:
Doctors, typically,

the code for them are "heroes."

No pulse.

Amanda, adrenaline.
Bag him!

- Live, damn it, live!
- I'm getting a pulse.

Laufenberg:
They're always due
to saving lives.

The Horta is badly wounded.
It may die.

- It won't die.
- Can you help it?

Helped it?
I cured it.

Laufenberg:
It's really hard
to hold a hero responsible.

This is like climbing
Mr. Everest

- Sure.
- without Sherpas or something.

- Sure. "Prove it."
- Right.

If you can win it
in front of a jury,

hey, it's yours.

But 90% of the time,
it ain't gonna happen.

Steve:
I understand why
a lot of families can't go on.

I understand why a lot of people
can't fight it,

and they just have to, like,
sort of accept it.

I can't do it.

I'm my mom's son,
I love my mom.

I'm just trying
to give my mom a voice

because she can't defend
herself.

She can't stand up for herself.

Hopefully, Lynn will find
an expert doctor he trusts

to take our case.

We worked very hard to...

I fill Cindy in
on the meeting with Lynn

and the uphill battle
we're in for.

I tell her the lawyer needs us
to start filming

mom's pain and suffering
for the record,

and eventually for a jury.

Then we get a call.

After nearly two weeks
in a coma, Mom wakes up!

Holy hell.

Oh, shit!

Whoo!

But she is in a vicious cycle
of uncontrollable pain.

( Judie whimpering )

Her brain and body
are so badly damaged,

it takes months for Mom to
relearn how to do everything.

Beth:
Mom? Can I help you?

Steve:
How to talk...

( grunts )

...eat...

- Judie, open your eyes.
- Where is it goin'?

Look at the potatoes.
There you go.

Where's it goin'?
Where's it goin'?

- Feel it?
- ...walk...

Start standing.
Start standing,
Judie.

Woman:
Stand up.
Up we go! Up, up, up!

Try to put your heel down,
Judie.

Look at you,
you're standing!
Yay! Ta-da!

...think.

Steve:
Do you know your name?

- Judie Burrows.
- That's right.

- Do you know who I am?
- Yeah.

- Who am I?
- My son.

Yes.

All:
♪ See the blazing Yule
before us ♪

♪ Fa la la la la,
la la la la... ♪

Steve:
Mom is diagnosed
with severe

cognitive and physical
disabilities

due to loss of oxygen
to the brain.

( whimpering )

Her prognosis?

Unknown.

- Here we go.
- ...two, three.

Then Aurora
and the insurance company

kick her out of the hospital.

Then they bill her for it.

Then they send her
to collections.

And then they send her a survey
askin', "How'd we do?"

So now we're scramblin'
for a place for Mom to live.

So we take her to a rehab.

The rehab guy says Medicare
will pay for 100 days.

Well, 100 days pass
in a blink,

and now it's brutally clear:

Mom's financially responsible
for her care.

And to take care of Mom,
it's gonna cost

$6,000 a month-- cash.

Remain calm. Remain calm.

Thus begins my twice-a-month
commute across the country,

managing affairs between
my mom's house in Wisconsin

and mine in L.A.

This is like pages and pages
and pages and pages of costs.

Thousand dollars now.

I just keep going.

This was the mail
from yesterday.

$421,000.

It's like a chess game.

And all roads lead
to the insurance company.

Woman:
How may I help you?

I got a bill for
almost $15,000,

and I'm calling to find out
what that's about.

Margo Burrows:
Steve is literally

consumed by this
much of the time--
most of the time.

Woman:
Let me go ahead and look
and see what's been happening.

- OK?
- Yeah.

Margo:
He has spent more time
in Milwaukee

then he's spent
here in our home.

It was a pre-approval approval,

then a denial, then an approval,
then a denial,

and then they paid it,

but now they want their money
back from you guys,

and that's why you want
your money back from us.

Right. That's exactly
where we're at.

- Nothing's changed.
- ( scoffs )

We'd get calls at 7:00 a.m.
sometimes

from her doctor's office,
her dentist's office, therapist.

Woman:
Hi, Steve,

I'm calling from
Dr. Mostenick's office.

This is just in, like,
the last week. I wanted to--

Woman 2:
Hi. Thanks for
getting back to me.

I called Medicare directly,
just to kind of...

Woman 3:
...State Fair Hearing
has been filed

by you on behalf
of your mother...

Woman 4:
Hi, Mr. Burrows,
it's Julia Schmelzer

getting back to you
from Medistar.

( blows horn )
Ohh. Sad.

Woman 5:
Steve, you're a lawyer,
am I correct?

No, I'm-- I'm the furthest thing
from a lawyer.

- I'm a comedy director.
- OK.

Margo:
Steve would not have been able

to keep this lawsuit going

and keep his mother alive
without doing it 100%.

And he doesn't see much... else
outside of... this.

I'm a little obsessed about it.

Maybe even not a little bit.

I may be losing my mind.

It's possible.

( musical saw
creating eerie sounds )

( eerie sounds continue )

I'm having trouble
with my vibrato.

Steve:
Finally, some hope.

Super Lawyer Lynn
takes our case!

Laufenberg:
Human beings make errors.

The medical profession,
just like the rest of us,

needs to be accountable
for the errors that occur.

Steve:
Lynn Laufenberg
was very impressed

with the fact that
not only we have a good case,

that this case is being
supported by medical people--

my uncle the doctor,
my aunt the nurse.

The fact that Ted was the guy
that started this legal fire,

we have medical people
who actually understand
what happened.

Lynn secures our first expert--

Dr. James Leo.

Dr. Leo thinks, looking just
at the medical records,

no one was in charge,

that my mom was literally
just sailing on her own
into oblivion.

He gave a scathing opinion
of Mom's care--

that the deadly
low blood pressures in the ICU,

coupled with Aurora
having no bedside doctor
in the ICU,

was a direct cause
of Mom's brain damage
and subsequent injuries.

And that this was clearly below
the medical standard of care.

Hi, this is Chris from the eICU.
How are you?

I'm just making my rounds...

Steve:
I'm sure there's a time
and a place for telemedicine,

but in the intensive care unit?

And this eICU thing

is spreadin' like wildfire.

Female Reporter:
Tele-ICU's e-care doctors

remotely monitor the patients

when the hospital's
ICU doctors are not working.

This is the future of medicine.

Steve:
It's currently
at over 500 hospitals

in over 50 health care systems

covering 3.5 million
critical care patients
all across America.

Female Reporter:
The telemedicine system
is particularly comforting

overnight and on weekends
when there is less staff.

Dr. John Laprie:
I sleep a lot better at night
knowing somebody is there,

they're watching after
my patients.

It's at at time where I can't
physically be present
in the hospital.

Steve:
And if you're a really lucky
critical care patient,

you might even get
a telecare ICU robot.

Man:
Sarah, it looks like
you've had a stroke.

We're transferring you
to our Neuroscience Institute.

Can you smile for me?

Very good.

Man:
Get your feet behind you.

Judie: OK.

Cindy:
Judie is still at Harmony,

a community-based
residential facility.

They take
really good care of her,

and if she needs help,
she has it in a second.

Judie:
I can't even begin to get up.

Nurse:
Grab onto the edge of the bed.

Beth:
Mom has made
amazing improvements

from being in a coma
to where she is now.

But she needs help physically.

Steve:
What are these contraptions?

These are my boots
that are supposed
to help me walk.

- Can you put 'em on
by yourself?
- No.

Steve:
Mom's legs don't work

because of her coma and loss
of oxygen to her brain.

From the waist down,
she's suffering from
spastic paraplegia.

Her feet are sort of frozen
on her tippy-toes,

so she's at a risk to fall
at all times.

Man:
Slowly.

Beth:
Her ability to understand

what her true abilities are
is a bit clouded.

Steve:
So this is how you
put on your pants,

- you lean against the wall?
- Mm-hmm.

That doesn't look too safe.

- You're gonna fall!
- Oh, no, no.

No. I mean, I'm careful.

Beth:
She can hold a conversation,

but she needs support
and reminders.

Judie:
Maybe I just better go.

- Steve: Mom.
- Yeah?

Are you OK? You seem
a little confused.

What day do you
think it is?

( Judies sighs )

OK, well,
it's Sunday night, Mom.

We need to be goin'
to bed here soon.

Margo:
Judie is so dependent on Steve.

She has become
like Steve's child,

in a way, and he's having
to take care of her.

And it breaks his heart.

( film projector starting )

Steve:
I often think back
to Mom's early days.

She was fiercely independent,

a free spirit.

( music playing )

In a family of doctors,

Mom was a rebel.

Two years after
my sister was born,

our parents divorced.

For a long time, Mom struggled.

Then a friend took her
on a road trip--

to Turkey!

( music playing )

Mom loved everything
about Turkey,

including a Turk named Ramazan.

She went back to see him,
and Turkey,

nearly every summer
for 20 years.

After teaching special ed
for three decades,

Mom retired.

And then came
Mom's first grandson.

- A punching balloon, Mama!
- ( cheering )

Punching balloon!

( whoopee cushion sound )

( laughter )

Judie:
One, two, three.

All:
Happy Fourth of July!

( laughter )

( monitor beeping )

Beth:
We're very proud of Grandma.

Thumbs up for Grandma!
Whoo-hoo!

I'm tired of this bed.
I'm tired of this place.

I just want to come home...

and be surrounded by my--
by my personal things.

Benjamin:
By your things
that you know.

Judie: Yeah.

Steve:
What Mom doesn't understand

is that because of her
cognitive and physical injuries

the only way she can come home

is with 24/7 live-in care.

I don't agree with them.
They're wrong. ( crying )

Steve:
So you really think
you can just go home

and you wouldn't need
any help?

I really do.

And what happens when you fall
and break your hip?

I'm not gonna fall.

What happens when you
get in trouble at the house?

I don't know.
I'll work it out.

The number one thing for me
is that you are safe.

Woman:
Welcome to Home Helpers.

You've come to the right place.

Both:
♪ I once was lost ♪

Who doesn't want
to stay at home?

I like it better at home.

Narrator:
What does Home Care cost?

Ten to fifteen thousand dollars
a month

if your parent needs
round-the-clock care.

Steve:
Holy hell.

If we bring Mom home,

it will cost double
what we're paying at Harmony.

How does anyone afford this?

If we take her home
and we spend all her money,

we got no backup plan,
we got nowhere to go.

Mom's home,
5590 Engel Lane,

has always been hope.

She's been living to go home.

So what do we do?

Do we go for home,
which is hope but not safe,

or do we go for safe,
which is not home,

which shows no hope?

Ted:
Every time I ask

about Judie coming home,

I'm told another excuse that

- she can't afford it...
- Steve: Ted, I don't think
there's anyone in this room

that doesn't want her
to come home.

We're not trying to say,
"We don't want Mom home."

This is the laundry list
of costs.

The person in the house.

We've got meds, food--

for not just Mom,
but for the other person--

we've got therapy,
we've got Depends,

we have transportation, car,

house insurance,
car insurance,

health insurance,
all of your utilities,

taxes-- state, federal, local.

These are our costs.
This is reality.

But getting her home
and back to normal...

Beth:
Mom has limited resources.

Mom worked her whole life,
busted her butt as a teacher--

- I thought I saved
enough money for--
- Beth: You saved enough money.

Margo:
If this hadn't happened,
you would have been great.

Beth:
She saved everything she could

for her retirement--

not for her to have to pay

an incredible amount of money
for her care.

She is gonna need help for
a significant period of time.

And if we run
her resources dry,

I don't know where
she's gonna go.

- You understand?
- Ted: Sure I understand.

Of course I understand.

I just want you
to be protected.

- I know.
- And I want you to live
your best life.

- Your best life.
- I know. I know.

- No matter what that is.
- I know.

This is the most stressful thing

I think we've ever been through,
I've ever been through.

I personally can't stand it,
you know.

Steve:
We're doing
the very best we can.

Your daughter lives in India.
We live in California.

You guys live in Ohio.

Frankly, I'd like
to salute us as well.

We're doing pretty
friggin' good! Look at her!

I looked you right in the eyes,
and you were dyin'. OK?

Yeah. I know. I know.

Keep fighting.

The lawsuit moves forward.

From the super lawyer
of the State of Wisconsin,

Lynn Laufenberg,
who thinks we have a great case.

I've been livin'
for the lawsuit.

Ted:
It's David versus Goliath.

But there's no doubt in my mind

that there was negligence,
and it makes me sick.

Steve:
I'm gonna continue
to fight in the lawsuit.

It's the only way we can afford
to bring Mom home.

We're doin' OK.

For a family of misfits,
we're OK.

Judie:
Family of misfits?

We're not pretty,
but we're effective.

( Judie laughing )

Laufenberg ( on phone ):
And the lawyer, if they lose
90% of these cases,

you're not gonna be in business
very long

because the statistics
will catch up to you.

Steve: Yeah.

Holy shit.

Our super lawyer just quit.

And not just our case,
but at least for now,

all medical malpractice cases.

Laufenberg:
When you lose five
out of six of these cases,

you begin to question
your own abilities.

You wonder if it's something
you're doing wrong.

Just mentally and emotionally
it wears you down.

You say, "Why am I doing this?"

Nobody wants to play cards

- with a stacked deck.
- Right. ( sighs )

I wish you the best.

Steve:
It wasn't easy,
but luckily,

we found another super lawyer.

Steve:
Seems like you guys
are going extinct.

Mike End:
That's true.
Just keeps getting worse.

The legislature
has been very active

in trying to make things
more difficult for patients

and easier for doctors
to defend the cases.

Steve:
Mike End says there's
an iron curtain of laws

that have been quietly passed
in Wisconsin

that make it nearly impossible

to hold doctors and hospitals

accountable
for their mistakes.

Like the law that says
doctors don't have to testify

against doctors
even if they see wrongdoing.

End:
The patient's
treating doctor

has an absolute pass

as far as giving testimony
that might help the patient.

It's a so-called privilege

that the treating doctors
take advantage of.

Doctors just don't want
to rat on another doctor.

Steve:
Or the law that states

if you don't have a spouse
or any minor kids

and a doctor or a hospital
kills you,

you have no rights.

For your mother's case,
if she had died that night

there would be
absolutely no case
that could be brought.

Steve:
Or the law that says
the doctor can admit his guilt

and say he's sorry, but it
can't be used against him.

End:
We've had a number of cases
where the doctor

at deposition said,

"It's all my fault,"

yet the insurance company
for the doctor said,

"We're not gonna settle,"

knowing that they win
90% of the time.

Steve: Wow.

Wisconsin just mirrors

what has been happening
nationally.

Steve:
All roads lead back
to the insurance companies.

Their whole plan is to...

drag this shit out
as long as they can.

Steve:
How long
does it take

from the day that somebody
calls your office

to the day that they have
their day in court?

It's probably three years

from when you file the lawsuit
until you get to trial.

So it's a long process.

- ( audience clapping )
- Man: Thank you.
Thank you very much.

( recorded music playing )

♪ Maybe I didn't treat you ♪

♪ Quite as good
as I should have ♪

♪ Maybe I didn't love you ♪

♪ Quite as often as I could... ♪

Steve:
Though few and far between,

Mom does have good days.

Oh! ( laughing )

♪ Happy birthday,
happy birthday... ♪

Oh! That's so funny.

That's the funniest-looking card
I ever did see.

Cindy:
You catch her on a good day,

she seems completely fine.

Unless you catch her
on a bad day.

Steve:
Why are you
sitting in the dark, Mom?

Judie:
Because I like to.

Have a couple
little donuts?

I'm sorry,
I don't feel like it.

Well,
that's a first.

I'm at a point
I don't even care.

- I just don't.
- No one's quitting.

You took a major hit, Mom.

We didn't know
were you gonna wake up.

You'd be on a ventilator
somewhere, right?

- Judie: Probably be better off.
- Steve: No.

I'm not much good
to anybody anymore.

( crying ) And I'm never
gonna drive again.

I just have that feeling.

- And I don't know--
- Kneuppel: That's a tough one.

If I can't drive again,
then there's no point in living.

Kneuppel:
This is not how
she envisioned her life.

I would hate to see Judie
just sitting here,

isolated, depressed,
and a physical mess.

I want more for her out of life
than that.

( Judie on speaker )

Steve:
Are you absolutely convinced

you could drive safely
right now?

Steve:
How do you tell
your brain-injured mom

she'll never drive again?

My strategy is to let her
find out for herself.

If she's up, I'll be shocked.

Mom, it's 11:20.

Why are you not up?

I'm ready.

Let's go. Chop chop.

Steve, you like
to grill me.

We can find
an empty parking lot.

There's not gonna be
a lot of people there,

just in case things go--
who knows?

- It's gonna be OK.
- I'm not worried.

I'm a little worried.

( laughs )
Oh, you're a little worried.

Just, you know.
This is just an experiment.

- It's not official.
- I am a very good driver.

- I taught you to drive.
- You did.

- OK. We'll put you in the car
and then we'll--
- ( clanks )

Look at you.
You're already crashing
into your walker.

Steve:
This is gonna go well.

You remember all the things
you have to do to drive?

- Mm-hmm.
- You know, brake, accelerator,

brake, accelerator.

- Reaction.
- Oh, Steve, come on.

- Mom, I'm not kidding.
- I'm not gonna fail on this.

All right, we're just gonna
have a little fun here, right?

- Judie: Mm-hmm.
- Steve: No big deal.

I think I'm gonna be OK.

This may be the stupidest thing
I've ever done in my life.

All right.
Let's start the car.

- What are you doin'?
- I'm trying to--

( both laugh )

I don't know how
to start the car.

( both laughing )

We're off to a good start.

I'm gonna try it.

- ( engine starts )
- All right.

I want you to practice
going from your foot to
the brake, foot to the brake.

- OK.
- Where are your hands?

They're on your leg.
They're not on
the steering wheel.

I can do both
at the same time.

( both laugh )

All right, now we're in drive.
We're gonna go really slow.

- OK.
- OK.

( engine revs )

All right, all right,
all right. All right.

Brake it. Brake it.
Brake it. Brake it.

All right, I'll put it
in drive again.

Now why don't you
just do a loop?

Go ahead. Nice and easy.
Very slow. Very slow.

- OK.
- All right.

- Whoa. Not so fast. All right.
- I want to go.

- Mom, here comes a car.
- ( horn honks )

You're going right
for the green car.
That's not--

Mom, Mom, Mom. Mom.

Brake. Brake.

You gotta be cool.

- I am cool.
- OK.

Let's park this puppy.

( emergency brake engages )

Well, what do you think?

Yeah.

I think I could do it.

Um, OK.
Should we go to lunch?

- Yeah.
- All right.

Want me to drive?

( both laugh )

Steve:
Mom's judgement is way off.

We meet with
a neurocognitive doctor

to find out
what the hell is going on.

There's like 30
to 40 different tests,

testing reaction time
or sequencing.

The trail making test,

the Stroop color word
task test,

the Wisconsin card sort test,
the above-average range test,

animal naming test,
semantics categories test,

verbal fluency,
verbal retrieval.

Twelve hours
of testing later...

Mom is diagnosed
with permanent brain damage

affecting her memory,
judgement, and reasoning.

Worse, because of
her brain damage,

Mom doesn't even know
she has brain damage.

He says she has
the cognitive abilities

of like an eight-year-old.

The only good thing about
this devastating report

is that is strengthens
our legal case.

( music playing )

Man:
Look at Raoul

bouncing up and down!

Steve:
Back in show biz...

Man:
Oh, my! Plastic Cup
takes a nasty spill!

Steve:
...I was nearly fired from
one of the few directing jobs

I was even able to pursue

because of being on the phone
all the time

dealing with my mom's care.

( music playing )

On top of that,

I get dumped by all my agents

here in the States
and overseas.

- Come on!
- My agents dumped me
without telling me.

They say I've been
gone too long

and that brain damage
ain't funny,

and funny is money,
so no funny, no money,

so there goes my livelihood,

not to mention
my health insurance.

Holy crap.

Cindy:
It's a slippery slope
right now.

And...

Steve's just doing
his very best.

He's been working on
three scripts

in the last few years,

but because of Judie's injury,

he has not been able to...
to work on those.

Margo:
What has happened to Judie

has very much affected
how Steve reacts

to the world around him.

His sense of humor
is still there,

but he fears the loss of it.

And I think it's a valid fear,

because that's how he's always
made his living

and that's how he's always
perceived himself.

- I'll call again
about the insurance.
- OK.

Margo:
This has impacted us
financially,

because without my job,
we couldn't be doing--

Steve couldn't be doing
what he's doing.

My parents had left us
a little money,

so all that
we've had to utilize,

which we didn't want to do ever,

but we've had to
because this has

taken over our lives.

I love you.

( cheering )

Crowd:
Go, Scott, go! Go, Scott, go!

I want to tell every worker,

every family, and every business

that you have an ally
in the governor's office.

Wisconsin is open for business.

Steve:
What the governor really means
by big business is tax cuts,

which translates into
less money for health care.

End:
The legislature in Wisconsin

it not a legislature
that's friendly

to the citizens of Wisconsin,
or to people injured.

Female Reporter:
Families of those killed

by people
they believe were negligent

are pleading
not to pass a bill
to reform civil lawsuits.

The bill lowers the standard
for negligent activity

by nursing home workers
and even drunk drivers.

To allow a bill like this
to go through

kind of wiping out
that accountability
is ludicrous.

Female Reporter:
Lawmakers are arguing
changing the law

will make the environment
better for business.

Dr. Makary:
Politicians talk about

how to fix the broken
health care system,

but they're not really
talking about fixing it,

they're talking about
how to finance

the broken health care system,

how to pay for health care
differently.

Steve:
The business lobby says
it will create jobs.

Man:
This is not a jobs bill.

It's an abomination,

what they've done
to protect wrongdoers.

Nursing homes
are being populated

by people who are being
discharged from hospitals.

It's not just elderly people.

So when someone says,

"We should limit damages
because all these people
are old anyway

and they'll be dead
in 10 years,"
that is not true.

We need to stop talking about
how to finance health care
differently

and start talking about
how to fix the root problem.

Steve:
It starts to become very clear

this isn't just Aurora
we're fighting,

it's the whole system that
protects the business

of corporate medicine.

Hey.

- Judie: How are you?
- I'm all right.

So those cognitive tests,

there are areas that
your brain suffered damage.

There are connections there
that are broken.

So I have permanent
problems with the brain,

is that what you're saying?

That's what he has said.

Permanent cognitive brain
damage with your judgement.

I don't see that
I have any problems.

These are medical facts.
I'm not making this up.

Well, that messes us up
for me going home.

But why are you so insistent

that I cannot handle this
on my own?

I'm supposed to do
what's in your best interest.

And I know that you going home
is not in your best interest.

I don't know if I'd do it
or not, but I might.

What are you talking about?

I'm talking about,
you know,

figuring out a way
to end my life then,

because I don't want to spend
the rest of my life
in a place like this.

This is not living.

I mean, I just subsist
from one day to the next.

But you won't let me go home.

Mom, you don't necessarily
understand.

Going home,
it's gonna be rough on you.

Even if we tried it out?

( music playing )

- Cindy: Judy's here!
- Hi!

Steve:
We agree to bring Mom home
for a round of tests--

a run-through of what a typical
day at home might be like.

Cindy:
Let's say you're
just sitting up.

What are some of the things
that you would need...

Maybe I can run
to the bathroom.

No, you will not be using
this bathroom.

I know. It's too narrow
and I can't get the walker in.

Steve:
Next up,
the downstairs bathroom.

I hold on here-- here...

and I'm up in a flash.

- You've changed your Depends.
- Yes.

And you have your clothes on
for the day.

I'm ready to go to a party.

- Coffee?
- Oh, yeah.

Steve:
I like how you're
balancing yourself

on your forehead there, Mom.

I can do this.

Cirque du Soleil.

Now I'm coming over to the sink.

What's in the way?

Look down.

Oh! I didn't see that.

( exhales ) Oh...

Judie:
Obviously you're thinking
I cannot go home.

You think that this house
is safe for you right now?

It's OK!

How are we gonna manage you
at home?

We all live
very far away.

Kneuppel:
If for some reason
you take a fall,

are you prepared for that?

Seriously, do you
really understand
what that would mean?

Judie:
I do understand.

What would it mean if you fell?

It would mean
problems for me, yes.

And that really means Steve.
I don't know if you know that
or not.

I know that. I know it.

You can't call Steve
if there's a problem.

Oh, I won't call Steve.

You can be sure.
I won't call him.

I will not call you. Ever.

- ( all talking )
- No, no, no.

I won't be calling you
with problems.

Well, but that's all
there's gonna be!

- ( sighs )
- What you're gonna do is,

you're gonna put yourself
at risk. And Mike End told me,

"No matter what,
keep her healthy.
Keep her going."

'Cause you're gonna have
to testify for yourself.

Well, I'm sure--
Are they gonna allow me

because I have the brain damage?

Because you keep saying
that I have damage.
Damage, damage, damage.

You know what? I wish you
showed half the anger
toward Dr. Bauer

that you show toward me!

- I know. Well--
- I didn't do anything to you!

You can be mean to me
all you want.

But you know what?
Do me a favor.

If you could just show me
a little courtesy

and get a little bit angry
every once in a while

about the guys
who actually took you down.

- That's true.
- 'Cause it wasn't us!

I just-- I don't care.
I've had it.

I don't want to
talk about any of this anymore.

- Well, we have to.
- I don't want to.

Wherever you want
to put me is fine.

Don't leave it up to me
because God knows,

do I know anything in my head?
No. No, no.

"Your brain, your brain is off.
Your foot is off.

Oh, my God! How can you
take care of yourself?!"

How do you know that
I can't take care of myself

unless I actually do it?

And if I fall,
or if I fail at it,

then so be it. It's my life.

I wish I hadn't lived.

I should've just died.
It would have been
much better.

- It would have been
so much easier.
- I know.

"Oh, too bad.
She died at 71." Oh, God.

Steve:
I cannot believe
I yelled at my mother.

I'm starting to lose it.

We need Mom's day in court
to happen. Now.

But our lawyer hasn't even
filed the lawsuit yet.

We can't even smell our trial
at this point.

And while we wait,
Mom goes broke.

Literally paying for the
injuries inflicted upon her,

Mom's 50-year life savings
is gone in less than three.

Her excellent credit?
Obliterated.

So now she's on Medicaid
and Medicare.

Turns out the management
at the facility

where Mom just spent
her life savings at

doesn't seem to like people
on Medicaid.

So they try to move Mom
into a single room

with another Medicaid patient,

a 99-year-old blind woman
named Mary.

Or we can pay
the $700 private room fee,

actions the lawyer
we were forced to hire

says may be contrary
to federal Medicaid law,

as we simultaneously
try to protect Mom's home,

because the only way we can
afford to care for Mom at home

is to sell Mom's home!

But then there's no home!

And because I get Mom's mail,

the State of California thinks
Mom lives in California

and demands Mom start paying
California taxes.

So now I gotta prove
Mom lives in Wisconsin,

which is not so easy
when even Wisconsin thinks
she lives in California.

And without even trying,
I'm having to deal with
an endless nightmare

of insurance shenanigans,
financial skullduggery,

bureaucratic bullshit.

And because everyone
at her facility

is so much older than she is,

Mom is refusing
to leave her room

because every time she makes
friends with someone,

they die.

We are drowning
in a tsunami of shit.

I really need help.

So I call my Uncle Ted.

( phone ringing )

Ted:
Hi, Steve, how are you?

I'm OK, how are you?

You want to talk to Cindy?

No, I actually am calling
to talk to you.

- Oh.
- I want to pick your brain

on all things medical,
financial, legal, et cetera.

I'm more than happy
to come to Dayton to--

I don't think that's necessary,
Steve. Really.

How would it not be productive
for her brother and her son

to sit down
and talk about her issues?

( sighs ) I just can't answer
that question.

You know, Ted,
you were the one that told me
to become power of attorney,

you were the one that told me
to get the medical records,

you were the one that told me
to get an attorney.

I did exactly what
you asked me to do.

Oh, I didn't ask you to do it,
it was a suggestion.

No, you said, "We will sue."

You told me to get
the medical records that day

because you told me that
they would change the records,

and you told me
to get an attorney.

Yeah. I would tell you
the same thing today.

I haven't changed my opinion
on that at all.

So you don't--
you don't want--

Do you not want to help Mom?

Ted, I'm begging you
to help my Mom.

Everybody who loves Mom
has been involved in this thing.

Everybody.

OK, that's your opinion.
That's your opinion.

So you are certainly
entitled to it.

So this is not about Mom,
this is about me.

I'm just telling you
I'm not interested

in talking to you about this.

That's what I'm telling you.

I'm gonna go, Steve.

( phone hangs up )

( phone beeping )

( sighs )

Steve:
Sounds like Ted's out.

Which is unfortunate,
because we need Ted
for the lawsuit.

The hardest thing
through this whole thing is,

I'm up for the fight
with the insurance companies

and the corporations
and the doctors
and the hospitals.

I'm up for that fight.

If we have a team, I feel like
we can do anything.

But the team...
it's shaky.

Margo:
Steve's had betrayals
at every turn

from people he trusted.

People who he counted on.

( music playing )

Test.

- Test.
- Steve: For Christmas,

my sister got me a spy pen.

If I could just get some truth,

it could really help my mom
and our case.

I'm gonna start
where it all began--

with Mom's surgeon,
Dr. Mark Bauer.

( line out ringing )

Dr. Bauer:
Hello?

Hello, is this Dr. Bauer?

Yes.

Hey, this is Steve Burrows.

Yes, hi. Been a long time.

- How are you?
- I'm fine, thanks.

I'm comin' to town next week,

and I was wondering
if maybe I could borrow you

for 10, 15 minutes.

Next week will be really busy.

I've got an awful lot
of surgeries,

- but I can find some time.
- Great.

I'll call you on Monday
when I land.

Talk to you then.

( phone hangs up )

Charge up the spy pen.

Spy pen, check.

Steve:
It soon becomes very clear

I have no idea
what the hell I'm doing.

Does it look like
I'm pointing up,

or is it pretty straight
right now?

- Beth: It's pretty--
- Dan-O: Straight.

Testing, testing,
one, two, three.

Steve:
Dan-O's shooting me,
I am shooting Dan-O.

Dan-O:
Test. Test.

Steve:
If I can pull this off,
at least this time,

I'll have Dr. Bauer
on the record.

Hey, Dr. Bauer.
How ya doin'?

Hey, you like Chinese?
Have a seat.

Yeah. I wanna--
Yeah, it's good to see you.

Oh. How ya doin', Dr. Bauer?
You like that?

( Margo speaking )

- ( laughs ) I just cut myself.
- ( laughs )

Steve:
I'm meeting Dr. Bauer
at 3:30 at Panera Bread.

It's 3:00.

If the person that
he's operating on now

had the same kind of luck
my mom had,

we're not gonna see Bauer
for another seven hours.

I hope he doesn't cancel.

Steve:
My cameraman Dan-O

will sit in a booth
across the way

with his own spy pen.

Dr. Bauer was a good guy.

We were friendly.
We were pals.

I know he cared about Mom.

I think he still
cares about Mom.

I like this spot right here.

I'm sure he has a lawyer,
and I'm sure

his insurance company's
told him to shut up.

- Dan-O: Let's get outta here.
- Go.

( chatter )

Steve:
Hey. How's it goin'?

( Dr. Bauer speaking )

Steve:
So yeah, uh, I appreciate you
meeting with me.

I don't know. Do you know
what's going on with Mom?
Have you--

'Cause people ask me,
I mean, constantly,

what happened to her?

And the only thing
I can come up with

based on just the records,

is that she didn't get
enough blood.

Yeah.

( sighs )

Right.

Did she just
fall through the cracks?
I mean, could it have been--

eICU.

Yeah.

If you were in my shoes
right now, what would be--

Yeah.

Do you think they'll ever
tell the truth?

Dr. Makary:
We have a Bermuda Triangle of

a lack of accountability
in health care.

There'll be a fair amount
of harm

with very little recourse
in the system to address it.

Steve:
What happens to medical care
if there's no accountability?

I'm sure Dr. Bauer didn't want
the end result of my mom's hip
surgery to be brain damage.

But if it happens
and he knows that,
whether it's his fault or not,

there's no
repercussions to his record
or he's not gonna pay a cent,

why would anything change?

I take Dr. Bauer's advice

and go talk to Aurora.

Steve:
Hospital administration,
is that down...?

- To the left.
- Thank you.

Steve:
Specifically
the head of risk management.

Steve:
How are you?

A woman who hasn't
gotten back to me
in a year and a half.

Steve:
I appreciate your time.

( Steve continues )

Right.

I have, yeah. Yeah.

Now Aurora is pointing
the finger at Dr. Bauer.

And now they're blaming Mom!

♪ Celebrate good times,
come on! ♪

♪ Celebrate ♪

♪ Celebrate good times,
come on! ♪

- ( answering machine beeps )
- ( Beth speaking )

Beth:
Who am I?

Nurse:
She's got allergies?

Uh, um--

Mom sat in a hospital all day
with stroke-like symptoms.

Beth:
This is your daughter,
and your son is on the phone.

- Steve is on the phone.
- OK.

- Steve, say hi to Mom.
- I'm here, Mom.

- Can you hear me?
- Uh-huh.

- Can you hear me?
- Yeah. Thanks.

Steve:
Aurora St. Luke's did not
treat her for a stroke

while she's having a stroke.

Beth:
She's just having such a hard
time responding to anything.

They treated her for a seizure.

My sister sent video of my mom
during this stroke

to my Aunt Cindy.

She said
it's definitely a stroke.

I call the hospital,

the hospital says
they'll do further testing.

This morning they call me
and they tell me

my mom had a stroke.

With permanent brain damage.

( speaking nonsensically )

Attendant: Hi!

It's nice
to have you back!

Well, I-- I'm-- I'm--

I--

Steve:
One of Mom's therapists
taught me a little secret.

She might not ever
talk well again,

but Mom might
be able to sing.

Steve and Judie:
♪ Doe a deer,
a female deer ♪

♪ Ray, a drop of golden sun ♪

♪ Me, my name I call myself ♪

( Steve speaking )

Judie:
Oh, yeah! Ha ha ha!

( laughs )

Steve:
Complications
from her brain injuries

have put Mom in the hospital

18 times
in the last two years,

forcing the doctors to insert
a catheter in Mom's stomach.

Steve:
What's the problem here?

She'll now be strapped
to a bag

- for the rest of her life,
- Hold this up.

with tubes that need
to be changed every month.

We'll need your arms out
just a little bit.

- Orderly: Whoa. He-ey!
- Steve: What's happenin'
today, Margo?

Uh, catheter came out.

Totally out.

Dr. Makary:
In health care,
the same mistakes

happen again and again

as if we're not learning
from our mistakes.

Dr. Makary:
We throw good money after bad,

and the premiums
go up every year,

and the problems in health care
continue to be endemic.

In aviation,
when there's a crash,

things will change
for the pilot community

with a through investigation

so that it doesn't
happen again.

But in health care,
there has not been

this systemic, planned protocol

for us to formally learn
from each other.

- First name?
- Steve: Meanwhile,

despite me being Mom's
activated power of attorney
since her coma,

not to mention
her being incompetent,

Aurora keeps having Mom
sign her informed consents...

over and over...

and over.

Steve:
You didn't know my mother,

you didn't know her name,
you don't know my name,

you don't know that I was
an activated power of attorney.

Steve:
All right,
thank you very much.

- OK. Bye-bye.
- Bye-bye.

( phone beeps, thuds )

Steve:
I never did hear back
from Aurora.

It's been over four years
and counting.

Mom continues to sign
her informed consents.

- Steve: 740?
- Margo: 740.

- This is it.
- Good.

Steve:
After four long years
since her coma,

depositions in my mom's case
finally begin.

- All right.
- Let's do it.

But first, a recap.

After walking on a failing hip
surgery for months,

Mom falls again.

She lay in pain for eight days
with no plan of care.

She's suddenly rushed
into hip surgery

while still on Plavix.

Mom loses over half
the blood in her body.

She's taken to the ICU,
where her blood pressures

drop repeatedly
to deadly levels.

The bedside ICU doctors
were replaced that night

by a camera doctor,

but we were told that camera
may never have been on.

The Aurora ICU didn't even
notice Mom was in a coma

and had suffered
irreversible brain damage.

Steve:
How you feel right now, Mama?

Oh-- Oh-- OK. OK.

Steve:
The size of this table
is just--

I wonder how long it is.

After 30 depositions
over two years,

and $100,000 cash
in legal costs,

no one denies
the brain damage happened,

but no one takes
any responsibility for it.

Weirdly, Mom's not the only one
now with memory loss.

I don't remember.

I don't remember
all the specifics.

Generally, I do.

My-- My recall, I--
I cannot recall the phone call.

I don't recall
when this incident occurred.

I don't have a precise...

recall of that.

I don't recall today, no.
I don't.

Steve:
And then the blame game.

I had no idea at the time

how low hematocrit was,
or hemoglobin.

I had no idea. I wasn't--

I figured
he's takin' care of that.

He responded to me

that he had operated on
patients on Plavix before.

That he was aware of this,

and that he felt
it was safe to proceed.

I would only go forward
if he cleared her.

It is not my role
to tell Dr. Bauer

whether or not
he should do the surgery.

If he had not cleared her,
I would not have gone forward.

I wouldn't have done
the surgery.

Steve:
I've been trying
for six years

to find out who was in charge
of my mom's care.

Who was in charge
of Mrs. Burrows' care

in the ICU that night?

Steve:
But it seems like
when we get close

to finding out
what really happened...

Man 1:
Object. That's repetitious

and it's got
a legal conclusion.

Let me just object
to this point...

( repeated objections,
all worded the same )

I think in all fairness
to Emily,

I think we have to
stop the deposition.

Steve:
In his deposition,
Dr. Bauer testified

that he operated right away
because Mom had been in
so much pain,

would need the surgery anyway,
and had been cleared by
her primary care doctor.

She had been on Plavix
for her first hip surgery
with no problems,

and if patients like her
lose blood, he said it's
replaced with transfusions.

He also said that her bleeding
could have resulted from
the length of the surgery

and bone injuries
from her failing hip.

End:
Can you tell me
what your memory is

of Judith Burrows,

as a patient
and as a human being?

( clears throat )

I actually looked forward
to her visits.

She was fun. She would come
in her Turkish dancing outfit.

She'd come in
with her friend Nora.

She'd come in all--
and she was a wonderful person.

( voice breaking )
I really enjoyed
taking care of her.

( clears throat )
She became someone in our office

that people looked forward
to seeing.

End:
Can you tell me
what you told

Mrs. Burrows'
family members

about how she ended up
in this state?

Steve and I had
several conversations.

But I don't think I ever
came to the conclusion

that any one singular event
or one person

was responsible
for the outcome.

( Dr. Bauer speaking )

But I never told anyone
in that family

that one person
or one set of doctors

was ultimately responsible
for the outcome.

Steve:
The only person with Mom
in the intensive care unit

that night was Emily,
the nurse.

In her deposition, Emily
testified that she reported
Mom's clinical status

to the eICU several times
throughout that first night

and received treatment orders,
which she followed.

Her notes show
Mom's blood pressures
fell below 50.

But five days later,
Emily told my Aunt Cindy and I

the blood pressures
never went below 90.

Two hours after
that conversation,

Emily went into the system

and according to
Aurora's own records,

changed
those records.

We don't know exactly
what she changed,

but we do know Emily
went in at least three times

and modified
at least six things.

( computer sounds )

End:
Do you know why
you modified it?

- No.
- Do you know when
you modified it?

No.

Do you know if there's any way
to figure out

when you modified it?

No.

- You don't know?
- No.

Steve:
And when Aurora finally had

an actual ICU doctor
show up in the ICU,

it was Dr. Darmstadter,

a physician who didn't seem
to realize

just how much trouble
my unresponsive mom was in

for two days,
let alone notice the fact

she had fallen into a coma.

End:
Do you have any note

that indicates her level
of awareness?

Could you define "awareness"?

End:
Were you able
to communicate at all

with Mrs. Burrows on the 19th?

No.

Was that something
that concerned you?

( sighs )

No.

( camera clicking )

Steve:
The defense takes our family
depositions as well.

- Woman: Raise your
right hand, please.
- Yes.

Do you solemnly swear
to tell the truth,

the whole truth,
and nothing but the truth,

- so help you God?
- I do.

Steve:
Things go great for us,

until my Uncle Ted's
deposition,

where suddenly Ted appears to
change his story, repeatedly.

About knowing Mom
was on Plavix,

and about knowing Mom
was going to have surgery.

One statement
is particularly devastating.

Steve:
You told me
to get the medical records

because they would change
the records,

and you told me
to get an attorney.

Ted:
I would tell you
the same thing today.

I haven't changed my opinion
on that at all.

Steve:
Because my uncle, a doctor,

is no longer credible
as a witness,

Mike End drops Ted
from the lawsuit he initiated.

We decide as a family
to not tell Mom.

Aurora says
their electronic ICU

offers an unprecedented
level of care

for Aurora's sickest patients.

But it does not replace
the physicians at the bedside.

But as my mom found out
the hard way,

there may not even be
a physician at the bedside--

a fact Aurora never told us.

End:
Was there a doctor
in the ICU that night?

I don't recall seeing one.

Nurse Emily:
The physician,

whether it be
Dr. Bauer or Dr. Lillie,

they're the ones
that make that call

whether that patient needs
an intensive care physician.

It's up to the nurse
or perhaps a doctor

to make a decision who to call,
under what circumstances.

It was my best assessment
at that time

that care was being transferred
to Emily the ICU nurse.

Steve:
In fact,

the only doctor
who had anything to do
with my mom that night

was the one out by the airport.

End:
Do you know whether

a physician was working

in the ICU at West Allis
Hospital that night?

I would not know that.

Who is the doctor in charge
of that patient's care?

- I-- I don't know.
- Man: Objection.

Steve:
So the camera doctor that
replaced the bedside doctor

doesn't even know
she replaced
the bedside doctor,

the same bedside doctor
Aurora said their system
doesn't replace.

End:
Your role as the eICU doctor

was to provide
the best care that you could.

I disagree. I'm not
the person providing the care.

Do you have any estimate
as to how many patients

you were providing care to
that night?

It could be anywhere
from 125 to 150,

is my best guesstimate.

The average daily census
was somewhere around 160.

Steve:
That's one eICU doctor

covering multiple
bedside ICU doctors

who may or may not be there,

while also covering
160 critical care patients

at 18 Aurora ICUs.

At least the camera's on,
right?

No, it's not on all the time.

End:
Is the camera usually on?

No, the camera's usually off.

Steve:
Holy crap,
the cameras aren't on?

Are there rules for this?

Dr. Scoon:
The ICU does not have

a formal written policy
about eICU.

I don't think we had felt a need
for a policy.

Steve:
Forget who's in charge
of Mom's care--

who's in charge of health care?

End:
Is there a benefit

for a patient to have

a doctor present

to see and evaluate
the patient

versus a doctor not present?

And I'm talking about
Mrs. Burrows.

Man:
I'm gonna object.
That's overbroad

and vague as to
circumstances.

( End speaking )

- ( chuckles ) No.
- You don't?

No.

Dr. Makary:
If there's the general attitude

that "I did my job, and that's
just somebody else's role

to fix this part,"

that's when the care
is very dangerous.

And that's the problem
with corporate medicine.

Medicine needs to be personal.

The problem needs
to be addressed

with a whole new approach

designing safe systems
in hospitals

and making the care
patient-centered

so it's not focused
on the business model

but instead on
the patient outcome.

Steve:
I wonder about the hospitals

that are actually
getting this right.

Steve:
On our way to the Mayo Clinic.

Charles M. Harper, Jr., M.D.:
This is the reading room.

But originally, they had all
of their staff meetings here

of the physicians and scientists
of Mayo Clinic.

Look at out there.
That's the whole campus?

Dr. Harper:
Yeah, that's looking over
downtown Rochester.

These are the founding fathers.

Their father was
the initial surgeon.

Here at Mayo, we focus
on clinical integration,

so it's integrating
everything around
the needs of the patient.

That's our number one goal,

is to "Do no harm."

The essence, really,
of everything is teamwork.

If a team is looking
at an issue,

you're much less likely
to make mistakes.

We also make sure

that the primary person
who's responsible

for that patient's journey
through Mayo

has the time they need
to spend with that patient

to really understand
what the key issues are.

And if someone has
an adverse event,

we are open and transparent
with patients

and their families
about what happened.

Accountability and transparency
are very important--
sharing information.

You have to understand
all of the factors
that went into that event.

Maybe we're making 'em work
too many hours.

Maybe we're not giving 'em
the systems to support it.

We can't keep
going down the path
that we've gone before.

We have change
the conversation,

shift the focus,

from financial incentives
to quality outcomes

for the benefit of
an individual patient.

- Doctor.
- Great to see you.

Steve:
Remember those
anesthesia records?

Dr. Bauer and Dr. Hoyme
both kept telling me
the very same thing.

"The records are impeccable."

( Dr. Bauer speaking )

Remember what my Uncle Ted said
all those years ago?

Ted:
All the blood pressures
and the pulses,

I think that was falsified.

Steve:
The fact is,

after a year
of expert witness depositions,

multiple esteemed doctors
on both sides agree

on two things: Mom suffered
massive loss of blood

in a routine hip surgery,
and because of that,

Dr. Hoyme's handwritten
anesthesia notes

make no medical sense.

Dr. Kenneth Candido:
The blood pressure
and heart rate

appear to be extremely
inconsistent with somebody

in severe hemorrhagic shock.

It'd be surprising that
a person would lose

that much blood and yet have

their vital signs remain stable
to the degree

that's evident on
Dr. Hoyme's records.

I did not see the normal
physiologic variations

that you typically see

when somebody has
a blood count that low.

Mrs. Burrows exited
the operating room

at approximately 2200 hours
on the 18th of November

with artificially elevated
vital signs.

Steve:
Our expert, Dr. Leo,

in his testimony,

agreed that the totality

of Dr. Hoyme's
anesthesia record

is a virtual
medical impossibility.

Then there's the mysterious
Dr. Smullens.

Why did two ICU doctors
tell our family

that a Dr. Smullens
was Mom's anesthesiologist?

And why did Dr. Bauer tell us

Dr. Smullens was in surgery
helping Dr. Hoyme

for two to three hours?

End:
Do you know a Dr. Smullens?

- Yes, I do.
- Who's he?

He is an anesthesiologist
in my, uh, group

at West Allis Memorial.

Was he ever in
the operating room

for this operation
for Mrs. Burrows?

Not that I recall.

Steve:
Why does Bauer remember
that a second anesthesiologist

was in surgery
for two to three hours,

but Hoyme doesn't recall?

And why do Hoyme's
impeccable records

seem to reflect a virtual
medical impossibility?

- ( chatter )
- Man: How'd it go?

Steve:
Aurora and the defense

try to have Mom's case
completely thrown out.

We have some surprising news.

It's good.

But the judge rules
in our favor,

and a trial is set
for June 2016,

seven years after Mom's
hip surgery coma.

( Judie speaking
indistinctly over phone )

I will see you--
I might see you next week, Mama.

Steve:
That's your judge.

- ( Judie laughing )
- Your judge...

...your attorney,
and your son.

( laughing )

And you're finally
gonna get your day in court.
What do you think about that?

I think it's--
it's--

r-r-r-r-remarkable.

Steve:
In a cruel twist,

Mom falls while trying
to pick out what to wear
for her big day,

leaving her unable
to attend her own trial.

Steve:
My mom falls down
and breaks her arm,

breaks her pelvis,
and can't talk.

She can't talk!

And then,
in the lead-up to our trial,

our attorney decides
the best way to win

is to focus on the hospital,

the ICU nurse,

and the eICU camera doctor,

dropping from the case
the surgeon,

the anesthesiologist,

the primary,
and the intensivist.

Steve:
Seven years
we've waited for this.

Fighting for my mother.
She's lost everything.

Steve:
If you could have whatever
you wanted, what would it be?

My little house in Greendale.

We're gonna work toward that,
aren't we?

And my car.

That's what
we're working toward,
right now.

Steve:
As plaintiffs, we have
the burden of proof

to show that Aurora
and their doctors

were a cause of
Mom's brain damage

and that they were negligent.

Even without Bauer and Hoyme,

the deadly low blood pressures,

no doctor in the ICU,

and the eICU cameras
not being on

should do the trick.

Mike End opens up with a video
of Mom's pain and suffering

over the years
that leaves the jury,

and even the court reporter,
in tears.

It also helps that Dr. Leo
hits a home run on the stand,

concluding Mom's
permanent brain damage
happened in the doctorless ICU.

The defense spends
a great deal of time arguing

that Mom's
pre-existing conditions

were largely responsible
for her brain damage

while simultaneously
saying her brain damage
wasn't that bad.

Then they went on
to tell the jury

about this wonderful new
cutting-edge eICU system

for the intensive care unit.

They even shot a video
just for the trial

starring Mom's
actual camera doctor
out by the airport

to show how
truly great it is.

So now we're gonna do
an actual demonstration...

Steve:
In a particularly
nice touch of absurdity,

the part of my mom in a coma

is played by
one of the trial attorneys
for Aurora.

( fanfare plays )

Dr. Ellis:
I can maneuver the camera

in various directions.

It's somewhat limited...

and the camera, actually
I can go right into

and look at I.V. poles,
I can look at oxygen.

I'm gonna camera into the I.V.
that we have--

sorry--
the bedside here.

( mouse clicking )

You would tell me what it is
that you're concerned about

with your patient...

( mouse clicking )

...and I could go right in

and I could look at things
such as

the bag of fluids...

...are hanging.

As you can see,

it's a bit... slow.

Steve:
Ironically, no one at trial
could testify

that Mom's camera
was ever even on.

( whistling )

Things really seem
to be going our way,

when suddenly,

after arguing
Mom was in a coma

when she came out
of Dr. Bauer's surgery,

lead counsel for Aurora
tries bringing up

Dr. Hoyme's questionable
anesthesia record

to get Nurse Emily
and Aurora Health Care
off the hook.

He tries using some of
our most damning evidence
against us.

After telling the jury
to leave the courtroom,

even the judge admits,
given the amount of blood loss,

we're all questioning
what the blood pressures were
during surgery.

But because Bauer and Hoyme
are no longer defendants,

the judge states
it would now be like
chasing a wild goose

for a jury to find out
if there's a mysterious
second anesthesiologist,

why would Hoyme lie about it,

why did Bauer cry on video,

and if they're responsible,
why aren't they here?

As the case goes to the jury,
it strikes me that,

because of a total lack
of accountability
on anyone's part,

Mom has become
a cottage industry

for over 150 doctors,
seven hospitals,

50 health care providers,
10 law firms,

to name a few.

Judie Burrows and her injuries
are big business.

And when Mom lost
every penny she ever saved,

Medicaid kicked in,

meaning that every single
American taxpayer

is now paying for
the unaccountability
of what happened to my mom,

not to mention
all the other patients

who have been injured or died

due to the third-leading
cause of death in America.

Something has to change
so this doesn't keep
happening to people.

Maybe it starts
with this jury.

( quiet chatter )

Steve:
The jury has a verdict.

Uh, the problem is,
they've actually
only been deliberating

for an hour and 22 minutes.

( music playing )

Steve:
Years ago,
one of the defense attorneys

asked me under oath

if I had any intention
of using the litigation

of what happened to my mom
to make a documentary.

I told them there was no film
at that time,

but that it was a possibility.

There was an objection
by all parties.

Clearly, they didn't want
these proceedings exposed.

They did want me
to let them know

if we ever decided
to make a movie.

Aurora and company,
just lettin' ya know--

we made a movie.

( music playing )

( music playing )