The Practice (1997–2004): Season 8, Episode 16 - In Good Conscience - full transcript
WILSON:
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?
YOUNG: 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.
YOUNG: 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 wine,
but you don't want that.
You want to do it
on a conference table,
because it's debased.
Get some help,
and then ask me out
to dinner some time.
I don't get it, Ellenor.
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 interesting.
I'll keep completely
out of your way.
You stay the hell
out of mine.
He's gone.
Eugene.
YOUNG:
When this trial is over,
that man is gone.
WOMAN: Analyzing therapy.
MARY: (moaning) Oh.
Oh, God, help me!
Just hang in there.
Oh, it hurts!
You're doing great, honey.
You're doing great, baby.
It hurts.
It hurts.
TOM: You're doing great.
Where's the doctor?
He's in with another patient.
He'll be right here--
MARY: Please get him!
How're we doing?
MARY: Oh, God.
WOMAN: Still dilated
to six centimeters.
Fetal heart rate?
WOMAN: Stable in the 140s.
MARY: Please do something!
ROBERT: Mary--
let's retest for proteins.
Mary, you've only
been here an hour.
It takes time.
It hurts.
ROBERT: Well, I can start you
on epidural,
but I think it's
a little late for that.
Wait. The fetal heart
rate's dropped.
(Mary screams)
TOM: Oh, my God!
WOMAN: Looks like an abruption!
ROBERT: Get her on her side!
We need two (indistinct) now!
TOM: Mary!
WOMAN: She's crashing--
Get her to the OR, now!
Mary? Mary, I need you--
WOMAN: Okay. We're disconnected.
ROBERT: to stay with me.
Stay with me now.
Are we ready? Let's move.
WOMAN: That's it. Let's roll!
ROBERT: Mary, I need you
to stay with me.
WOMAN: A little (indistinct)--
Stay with me, Mary.
Stay with me now.
Stay with me.
WOMAN: Come on, honey.
Come on, Mary, hang in there.
Go, go.
Let's go.
Move! Move!
TOM: "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.
He said my daughter was okay,
but Mary didn't make it.
She died
on the operating table.
STRINGER:
Tom, when you first arrived
at the hospital--
TOM: She was in severe pain.
We told them.
They just put us in a room.
They didn't do any tests?
TOM: Yes. Some.
But they just said
it's labor pains,
which Mary knew was wrong.
She kept telling them.
They just dismissed it.
SEABURY: Did your wife
see a doctor
during her pregnancy
or receive any kind
of prenatal examination?
TOM: we couldn't afford it.
I was an unemployed musician
at the time and I--
SEABURY:
Did you have health insurance?
No.
SEABURY: So she never knew
that she had an abnormal uterus?
No.
And when you arrived
at the hospital,
you told them that your wife
was in labor?
Yes.
SEABURY: And 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.
SEABURY: 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?
(scoffs) The--there's
no question before you, sir.
TOM: 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.
TOM: --but in front of the jury,
he's suddenly compassionate.
ZELDIN: Okay, Mr. Quillen.
You've made your point.
You're angry at me.
Yes, I am.
SEABURY: 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.
SEABURY: 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 yourself?
(music playing)
This feels uncomfortable.
LAWYER: Eugene,
if you're about
to fire somebody,
you have to meet
with a labor lawyer.
It would be corporate negligence
for you not to do so.
Yeah.
Even so.
LAWYER: Is this an
administrative employee, or--
YOUNG: No. He's an associate,
who acts like a partner,
which is part of the problem.
What are the grounds?
Well, where do I start?
Um, he's unethical,
insubordinate,
he sexually harasses,
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.
KOBATCH:
During the course of labor,
her uterus ruptured,
which ultimately
was the cause of death.
She bled to death.
Yes.
FRUTT:
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.
SEABURY: The autopsy
showed that Mrs. Quillen
had an abnormally small uterus,
which might have
caused it to rupture.
Correct.
SEABURY: 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 managed
to give them adequate care.
Your client didn't.
I see.
Were you in the delivery room
that night, doctor?
KOBATCH:
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--
SEABURY: Have you been paid
by the plaintiff
to give your opinion today?
My opinion
is not for sale, counsel.
It's based on the facts
presented to me.
SEABURY: But a lot of those
facts were not available
to my client
that night in the ER,
were they, doctor?
Perhaps not.
Even so--
SEABURY: Thank you.
And though your opinions
aren't for sale,
how much are you being paid
for today's court appearance?
$3,000.
SEABURY: And how many times
have you testified
in medical malpractice?
FRUTT: Objection!
This is irrelevant.
Your Honor?
(music playing)
MAN: Grab the door.
(indistinct chatter)
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.
(sighs) The earliest I could
possibly get out is 7:00.
And then probably close--
Where are you going at 7:00?
One second.
Should I come?
(whispers) This is personal.
Man trouble?
Do you mind?
SHORE: 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.
Stop it!
Have you two been kissing?
Alan!
Go to the corner and sit.
I'm just trying to help.
The advice is,
"Don't tell Ellenor".
BERLUTI: She's a partner.
YOUNG: She's also his friend,
and she'll tell him.
Now, if he takes clients
or files, then what?
(sighs)
So how does this go down?
YOUNG: Well, as we fire him,
we send out prewritten 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 the 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 counsel,
it's the only way we can do it.
I need two votes.
You with me?
(door opens)
Well, 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?
MANTLE: Why isn't it?
You've expended
two court days already,
it certainly make sense
to keep going if possible.
Nobody's been prejudiced.
FRUTT:
We have a little problem.
(door closes)
You remember we told you
about the Massachusetts
Charitable Immunity Act,
limiting damages
in medical malpractice cases?
You said judges
sometimes strike it.
FRUTT: I did.
And Judge Zeldin
was one such judge.
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--
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--
FRUTT: Tom,
I cannot in good
conscience expend
thousands of dollars
on expert witnesses,
and expend our time--
I didn't get a doctor
because I'm poor.
Now you're saying
I don't get a lawyer.
FRUTT: That's not fair.
We have put in hundreds
of hours on this case.
TOM: Then why quit now,
in the middle of trial?
FRUTT: Because as I said,
this judge--
TOM: I want a verdict.
I want the jury sending
these people a message.
FRUTT: "These people"
in this case
is an insurance company.
The only message
they're equipped
to receive is numerical,
and they are immune on this.
If you want us
to keep going,
we will.
Why?
STRINGER: Because he hired us,
Eugene, to--
To win a judgment
that now you cannot get.
This judge is fair, and--
YOUNG: Look, she's a partner
billing out at $400 an hour.
You bill out at $250.
This case could take a week.
SHORE: Pay no attention
to him, Jamie.
Good for you.
I feel the mean man
glaring at me.
This doesn't concern you.
SHORE:
Oh, but it does, Eugene.
I can tell her how to win.
How?
SHORE: 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,
in my office, please.
I feel like coffee
and a croissant, shall we?
(door closes)
(Eugene clears throat)
This is confidential
information.
It is a partner matter.
You are not to share
this information
with anybody
other 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.
YOUNG: You will also get
a letter prepared
by labor counsel,
which letter you are to type
on our stationary,
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.
That's all.
(door opens)
(sarcastically) Gee, I hope
she doesn't suspect anything.
Well, we can't do it
without her.
MILLER:
We are a charity hospital.
Of course money's a problem.
But it never affects
the quality of our care.
STRINGER:
C-sections are about twice
as expensive
as natural childbirth.
Is that accurate?
Yes, but--
STRINGER: And who pays
the additional costs?
Typically,
the insurance company.
STRINGER: If the patient
has insurance.
What if she doesn't?
Then the hospital would pay.
But that's not why
we encourage natural birth.
It's safer,
the recovery time is shorter,
and frankly,
too many doctors
perform unnecessary c-sections.
But at Saint Theresa's,
women without health insurance
are five times less likely
to have a c-section
than women with insurance, so--
That's true
of most charity hospitals.
STRINGER: That's your excuse?
They all do it?
MILLER:
We are not forcing poor women
to have dangerous births.
And I take offense with you--
STRINGER: How many women able
to pay for a c-section
have ever been refused one?
I'm not certain.
STRINGER: None!
The only women refused
are impoverished.
Poverty has nothing
to do with this.
Poverty is what killed Mary.
That's a lie!
SEABURY: Objection.
Argumentative.
MANTLE: Sustained.
STRINGER:
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!
SEABURY: Most women want
to give birth naturally,
do they not?
Absolutely.
In fact, the movement
to encourage natural childbirth
is very much
a feminist issue.
SEABURY: Has Saint Theresa's
policy of reducing c-sections
been reviewed
by the State Medical Board?
MILLER: 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 am all for tort reform.
But to put a $20,000 cap
on a wrongful death
is just wrong.
I mean, most states
wouldn't even consider this,
and Massachusetts
shouldn't either.
John Kerry can't possibly
support this.
Ted Kennedy,
I know doesn't.
I am hopeful that Judge Mantle
will reject this as well.
SEABURY: That was a cheap shot,
Ms. Stringer.
I would think
you'd have the integrity
to at least try this case
in a courtroom.
Is that why you asked
for this meeting?
To lecture me?
SEABURY: You'll be lucky
if you don't get censured
by the bar,
but that's not why
I called for the meeting.
Against my advice,
the client is prepared
to offer you
a hundred thousand dollars,
sealed.
No admission.
First of all,
a woman died.
$100,000--
SEABURY: Is 80 more than
you'd otherwise get
under the cap.
Then why would
the hospital offer it?
ROBERT: The hospital didn't.
I'm making the offer.
Out of your own pocket?
ROBERT: Yes.
And I'll tell you why.
Robert--
No, let's just deal 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 OB-GYNs
all the time.
They will do it to me.
You've said enough.
ROBERT:
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.
Bob--
We are getting sued
out of business,
and...
(sighs)
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 OB-GYN.
It's all I ever wanted to be.
If you win in court,
the most you can get is 20.
I'm offering you a hundred.
And I'm not taking it.
FRUTT: Okay, Tom, I--
You killed my wife.
ROBERT:
No, you contributed to that--
(shouting indistinctly)
Hey!
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?
SHORE: Oh, no.
I'm just pretending
so as to impress
and inspire my office mates.
(music playing)
Eugene's hired a labor
law firm for something.
All the computer passwords
are being changed.
It looks like someone's
getting fired.
I'm sure it's nothing.
Tara?
Thank you.
(music playing)
I'm all for tort reform,
but to put a $20,000 cap
on a wrongful death...
It's getting played.
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.
Uh, I emailed it
to the labor lawyer,
he sent it back
with some minor changes,
but I want you
to review it, too.
(beep)
When do we tell Ellenor?
She's back from the court
at lunch.
We'll tell her then,
just before we tell him.
Hello, Eugene!
What the--
SHORE (over laptop): Listen,
I've been having trouble
getting into my computer.
I was wondering
if you could help.
Almost seems as if
the password's been changed.
But I'd know if there were
a new 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.
I'm 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, well, it's just
people have screwed me over
in the past.
And I don't like
getting screwed over.
WOMAN (over TV):
You've been a bad bad cowboy.
MAN (over TV): Oh--
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?
ROBERT: I don't think so.
Had she seen a doctor
during her pregnancy,
I would have known about her
uterine abnormality,
and I probably would have gone
with a c-section sooner.
Probably would have?
ROBERT: 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.
STRINGER:
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, doctor,
did you know they couldn't pay
for treatment?
Yes.
STRINGER: You also knew
they didn't have insurance,
correct?
ROBERT: Yes.
STRINGER: So you knew
that whatever
treatment they got,
the hospital was gonna
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.
STRINGER:
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 OB-GYN
on duty that night.
And in fact, you hadn't slept
for two nights
before Mary Quillen came in.
You were overseeing--
I was not overly tired.
I was no busier than usual.
--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!
But 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, so--
Did you freeze in the
emergency room that night?
No! I did not.
But many doctors might.
MANTLE: 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.
May 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--
Two hundred thousand.
I would need time
to refinance my house but--
I don't think our client
is gonna 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 Ellenor in on this?
Ellenor 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.
Hmm.
I've generated fees
an 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.
(door closes)
Alan Shore 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.
(music playing)
FRUTT: Lucy?
Hey!
Hey, Ellenor.
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're just saying hello?
Uh, nope. I'm just
filling in in a pinch.
Filling in?
Where's Tara?
Ellenor,
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?
YOUNG: Because we feared
you'd tell him,
and he'd steal clients,
or files, or 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--
FRUTT: 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!
YOUNG: 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 Donnell
turned over to us
is one of integrity.
The name on this place,
its reputation,
it means something.
That man
demeans the practice of law.
He demeaned 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, Ellenor,
and if it does,
that man has no place.
(music playing)
STRINGER:
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.
Uh, I'm fine.
Uh, 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.
YOUNG: Lucy, did all
the letters go out?
I checked. They're out.
YOUNG: Okay.
Uh, thank you for, uh.
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 10 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.
One hundred thousand.
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
to poor women.
Had Mary been able
to get a prenatal exam,
Dr. Platt would have known
that her 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.
SEABURY: 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.
(doorbell rings)
Hey.
Is he here?
Oh, I've been calling him,
actually.
I'm trying him again now.
SHORE (over recording): Hello,
you've reached Alan Shore.
I'm currently
with a prostitute.
If you'd like to leave
a message--
I have left him
six messages.
He's not returning.
Okay.
Listen, Tara,
I'm very sorry that it--
I deserved to get fired,
Ellenor.
I betrayed Eugene.
I'm willing to accept
responsibility for it.
If I hear from him,
I'll let you know.
Okay. Thanks.
(music playing)
Has the jury
reached a verdict?
Yes, we have,
Your Honor.
MANTLE: Question one,
was the hospital
or Dr. Platt negligent
in the death
of Mary Quillen?
How say you?
FOREPERSON: We, the jury,
find Dr. Platt and the hospital
guilty of negligence.
MANTLE: Question two
refers to damages.
Have you reached a decision
on that question?
FOREPERSON: 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.
SEABURY: Defense moves
to reduce the judgment
to the statutory cap
of $20,000.
Opposed. Your Honor has
the discretion to lift the cap.
SEABURY: There is no authority
for that discretion
in the legislative
definition--
Your Honor can rely on
precedent or judgements--
Those precedents are certainly
not binding, Your Honor..
The law is wrong!
Which is exactly why
most states
did away with the
charity caps 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
Ellenor for me.
I will.
(music playing)
(indistinct chatter)
What's new?
I'm sorry.
I didn't know.
I know you didn't.
I'm gonna try
to dissuade them.
Ellenor
it's a place of work,
nothing more.
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,
Ellenor,
I promise.
I'd even go so far as to say
it's all for the best, so...
let's see a smile.
(scoffs)
I didn't figure
you'd go so quietly.
Who said anything about
going quietly?
Ellenor,
I give you my word
this is going to get very...
ugly.
Not to worry.
(music playing)
(music playing)
WOMAN: You stinker!
(music playing)
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?
YOUNG: 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.
YOUNG: 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 wine,
but you don't want that.
You want to do it
on a conference table,
because it's debased.
Get some help,
and then ask me out
to dinner some time.
I don't get it, Ellenor.
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 interesting.
I'll keep completely
out of your way.
You stay the hell
out of mine.
He's gone.
Eugene.
YOUNG:
When this trial is over,
that man is gone.
WOMAN: Analyzing therapy.
MARY: (moaning) Oh.
Oh, God, help me!
Just hang in there.
Oh, it hurts!
You're doing great, honey.
You're doing great, baby.
It hurts.
It hurts.
TOM: You're doing great.
Where's the doctor?
He's in with another patient.
He'll be right here--
MARY: Please get him!
How're we doing?
MARY: Oh, God.
WOMAN: Still dilated
to six centimeters.
Fetal heart rate?
WOMAN: Stable in the 140s.
MARY: Please do something!
ROBERT: Mary--
let's retest for proteins.
Mary, you've only
been here an hour.
It takes time.
It hurts.
ROBERT: Well, I can start you
on epidural,
but I think it's
a little late for that.
Wait. The fetal heart
rate's dropped.
(Mary screams)
TOM: Oh, my God!
WOMAN: Looks like an abruption!
ROBERT: Get her on her side!
We need two (indistinct) now!
TOM: Mary!
WOMAN: She's crashing--
Get her to the OR, now!
Mary? Mary, I need you--
WOMAN: Okay. We're disconnected.
ROBERT: to stay with me.
Stay with me now.
Are we ready? Let's move.
WOMAN: That's it. Let's roll!
ROBERT: Mary, I need you
to stay with me.
WOMAN: A little (indistinct)--
Stay with me, Mary.
Stay with me now.
Stay with me.
WOMAN: Come on, honey.
Come on, Mary, hang in there.
Go, go.
Let's go.
Move! Move!
TOM: "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.
He said my daughter was okay,
but Mary didn't make it.
She died
on the operating table.
STRINGER:
Tom, when you first arrived
at the hospital--
TOM: She was in severe pain.
We told them.
They just put us in a room.
They didn't do any tests?
TOM: Yes. Some.
But they just said
it's labor pains,
which Mary knew was wrong.
She kept telling them.
They just dismissed it.
SEABURY: Did your wife
see a doctor
during her pregnancy
or receive any kind
of prenatal examination?
TOM: we couldn't afford it.
I was an unemployed musician
at the time and I--
SEABURY:
Did you have health insurance?
No.
SEABURY: So she never knew
that she had an abnormal uterus?
No.
And when you arrived
at the hospital,
you told them that your wife
was in labor?
Yes.
SEABURY: And 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.
SEABURY: 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?
(scoffs) The--there's
no question before you, sir.
TOM: 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.
TOM: --but in front of the jury,
he's suddenly compassionate.
ZELDIN: Okay, Mr. Quillen.
You've made your point.
You're angry at me.
Yes, I am.
SEABURY: 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.
SEABURY: 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 yourself?
(music playing)
This feels uncomfortable.
LAWYER: Eugene,
if you're about
to fire somebody,
you have to meet
with a labor lawyer.
It would be corporate negligence
for you not to do so.
Yeah.
Even so.
LAWYER: Is this an
administrative employee, or--
YOUNG: No. He's an associate,
who acts like a partner,
which is part of the problem.
What are the grounds?
Well, where do I start?
Um, he's unethical,
insubordinate,
he sexually harasses,
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.
KOBATCH:
During the course of labor,
her uterus ruptured,
which ultimately
was the cause of death.
She bled to death.
Yes.
FRUTT:
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.
SEABURY: The autopsy
showed that Mrs. Quillen
had an abnormally small uterus,
which might have
caused it to rupture.
Correct.
SEABURY: 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 managed
to give them adequate care.
Your client didn't.
I see.
Were you in the delivery room
that night, doctor?
KOBATCH:
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--
SEABURY: Have you been paid
by the plaintiff
to give your opinion today?
My opinion
is not for sale, counsel.
It's based on the facts
presented to me.
SEABURY: But a lot of those
facts were not available
to my client
that night in the ER,
were they, doctor?
Perhaps not.
Even so--
SEABURY: Thank you.
And though your opinions
aren't for sale,
how much are you being paid
for today's court appearance?
$3,000.
SEABURY: And how many times
have you testified
in medical malpractice?
FRUTT: Objection!
This is irrelevant.
Your Honor?
(music playing)
MAN: Grab the door.
(indistinct chatter)
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.
(sighs) The earliest I could
possibly get out is 7:00.
And then probably close--
Where are you going at 7:00?
One second.
Should I come?
(whispers) This is personal.
Man trouble?
Do you mind?
SHORE: 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.
Stop it!
Have you two been kissing?
Alan!
Go to the corner and sit.
I'm just trying to help.
The advice is,
"Don't tell Ellenor".
BERLUTI: She's a partner.
YOUNG: She's also his friend,
and she'll tell him.
Now, if he takes clients
or files, then what?
(sighs)
So how does this go down?
YOUNG: Well, as we fire him,
we send out prewritten 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 the 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 counsel,
it's the only way we can do it.
I need two votes.
You with me?
(door opens)
Well, 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?
MANTLE: Why isn't it?
You've expended
two court days already,
it certainly make sense
to keep going if possible.
Nobody's been prejudiced.
FRUTT:
We have a little problem.
(door closes)
You remember we told you
about the Massachusetts
Charitable Immunity Act,
limiting damages
in medical malpractice cases?
You said judges
sometimes strike it.
FRUTT: I did.
And Judge Zeldin
was one such judge.
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--
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--
FRUTT: Tom,
I cannot in good
conscience expend
thousands of dollars
on expert witnesses,
and expend our time--
I didn't get a doctor
because I'm poor.
Now you're saying
I don't get a lawyer.
FRUTT: That's not fair.
We have put in hundreds
of hours on this case.
TOM: Then why quit now,
in the middle of trial?
FRUTT: Because as I said,
this judge--
TOM: I want a verdict.
I want the jury sending
these people a message.
FRUTT: "These people"
in this case
is an insurance company.
The only message
they're equipped
to receive is numerical,
and they are immune on this.
If you want us
to keep going,
we will.
Why?
STRINGER: Because he hired us,
Eugene, to--
To win a judgment
that now you cannot get.
This judge is fair, and--
YOUNG: Look, she's a partner
billing out at $400 an hour.
You bill out at $250.
This case could take a week.
SHORE: Pay no attention
to him, Jamie.
Good for you.
I feel the mean man
glaring at me.
This doesn't concern you.
SHORE:
Oh, but it does, Eugene.
I can tell her how to win.
How?
SHORE: 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,
in my office, please.
I feel like coffee
and a croissant, shall we?
(door closes)
(Eugene clears throat)
This is confidential
information.
It is a partner matter.
You are not to share
this information
with anybody
other 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.
YOUNG: You will also get
a letter prepared
by labor counsel,
which letter you are to type
on our stationary,
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.
That's all.
(door opens)
(sarcastically) Gee, I hope
she doesn't suspect anything.
Well, we can't do it
without her.
MILLER:
We are a charity hospital.
Of course money's a problem.
But it never affects
the quality of our care.
STRINGER:
C-sections are about twice
as expensive
as natural childbirth.
Is that accurate?
Yes, but--
STRINGER: And who pays
the additional costs?
Typically,
the insurance company.
STRINGER: If the patient
has insurance.
What if she doesn't?
Then the hospital would pay.
But that's not why
we encourage natural birth.
It's safer,
the recovery time is shorter,
and frankly,
too many doctors
perform unnecessary c-sections.
But at Saint Theresa's,
women without health insurance
are five times less likely
to have a c-section
than women with insurance, so--
That's true
of most charity hospitals.
STRINGER: That's your excuse?
They all do it?
MILLER:
We are not forcing poor women
to have dangerous births.
And I take offense with you--
STRINGER: How many women able
to pay for a c-section
have ever been refused one?
I'm not certain.
STRINGER: None!
The only women refused
are impoverished.
Poverty has nothing
to do with this.
Poverty is what killed Mary.
That's a lie!
SEABURY: Objection.
Argumentative.
MANTLE: Sustained.
STRINGER:
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!
SEABURY: Most women want
to give birth naturally,
do they not?
Absolutely.
In fact, the movement
to encourage natural childbirth
is very much
a feminist issue.
SEABURY: Has Saint Theresa's
policy of reducing c-sections
been reviewed
by the State Medical Board?
MILLER: 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 am all for tort reform.
But to put a $20,000 cap
on a wrongful death
is just wrong.
I mean, most states
wouldn't even consider this,
and Massachusetts
shouldn't either.
John Kerry can't possibly
support this.
Ted Kennedy,
I know doesn't.
I am hopeful that Judge Mantle
will reject this as well.
SEABURY: That was a cheap shot,
Ms. Stringer.
I would think
you'd have the integrity
to at least try this case
in a courtroom.
Is that why you asked
for this meeting?
To lecture me?
SEABURY: You'll be lucky
if you don't get censured
by the bar,
but that's not why
I called for the meeting.
Against my advice,
the client is prepared
to offer you
a hundred thousand dollars,
sealed.
No admission.
First of all,
a woman died.
$100,000--
SEABURY: Is 80 more than
you'd otherwise get
under the cap.
Then why would
the hospital offer it?
ROBERT: The hospital didn't.
I'm making the offer.
Out of your own pocket?
ROBERT: Yes.
And I'll tell you why.
Robert--
No, let's just deal 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 OB-GYNs
all the time.
They will do it to me.
You've said enough.
ROBERT:
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.
Bob--
We are getting sued
out of business,
and...
(sighs)
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 OB-GYN.
It's all I ever wanted to be.
If you win in court,
the most you can get is 20.
I'm offering you a hundred.
And I'm not taking it.
FRUTT: Okay, Tom, I--
You killed my wife.
ROBERT:
No, you contributed to that--
(shouting indistinctly)
Hey!
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?
SHORE: Oh, no.
I'm just pretending
so as to impress
and inspire my office mates.
(music playing)
Eugene's hired a labor
law firm for something.
All the computer passwords
are being changed.
It looks like someone's
getting fired.
I'm sure it's nothing.
Tara?
Thank you.
(music playing)
I'm all for tort reform,
but to put a $20,000 cap
on a wrongful death...
It's getting played.
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.
Uh, I emailed it
to the labor lawyer,
he sent it back
with some minor changes,
but I want you
to review it, too.
(beep)
When do we tell Ellenor?
She's back from the court
at lunch.
We'll tell her then,
just before we tell him.
Hello, Eugene!
What the--
SHORE (over laptop): Listen,
I've been having trouble
getting into my computer.
I was wondering
if you could help.
Almost seems as if
the password's been changed.
But I'd know if there were
a new 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.
I'm 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, well, it's just
people have screwed me over
in the past.
And I don't like
getting screwed over.
WOMAN (over TV):
You've been a bad bad cowboy.
MAN (over TV): Oh--
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?
ROBERT: I don't think so.
Had she seen a doctor
during her pregnancy,
I would have known about her
uterine abnormality,
and I probably would have gone
with a c-section sooner.
Probably would have?
ROBERT: 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.
STRINGER:
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, doctor,
did you know they couldn't pay
for treatment?
Yes.
STRINGER: You also knew
they didn't have insurance,
correct?
ROBERT: Yes.
STRINGER: So you knew
that whatever
treatment they got,
the hospital was gonna
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.
STRINGER:
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 OB-GYN
on duty that night.
And in fact, you hadn't slept
for two nights
before Mary Quillen came in.
You were overseeing--
I was not overly tired.
I was no busier than usual.
--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!
But 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, so--
Did you freeze in the
emergency room that night?
No! I did not.
But many doctors might.
MANTLE: 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.
May 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--
Two hundred thousand.
I would need time
to refinance my house but--
I don't think our client
is gonna 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 Ellenor in on this?
Ellenor 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.
Hmm.
I've generated fees
an 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.
(door closes)
Alan Shore 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.
(music playing)
FRUTT: Lucy?
Hey!
Hey, Ellenor.
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're just saying hello?
Uh, nope. I'm just
filling in in a pinch.
Filling in?
Where's Tara?
Ellenor,
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?
YOUNG: Because we feared
you'd tell him,
and he'd steal clients,
or files, or 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--
FRUTT: 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!
YOUNG: 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 Donnell
turned over to us
is one of integrity.
The name on this place,
its reputation,
it means something.
That man
demeans the practice of law.
He demeaned 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, Ellenor,
and if it does,
that man has no place.
(music playing)
STRINGER:
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.
Uh, I'm fine.
Uh, 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.
YOUNG: Lucy, did all
the letters go out?
I checked. They're out.
YOUNG: Okay.
Uh, thank you for, uh.
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 10 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.
One hundred thousand.
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
to poor women.
Had Mary been able
to get a prenatal exam,
Dr. Platt would have known
that her 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.
SEABURY: 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.
(doorbell rings)
Hey.
Is he here?
Oh, I've been calling him,
actually.
I'm trying him again now.
SHORE (over recording): Hello,
you've reached Alan Shore.
I'm currently
with a prostitute.
If you'd like to leave
a message--
I have left him
six messages.
He's not returning.
Okay.
Listen, Tara,
I'm very sorry that it--
I deserved to get fired,
Ellenor.
I betrayed Eugene.
I'm willing to accept
responsibility for it.
If I hear from him,
I'll let you know.
Okay. Thanks.
(music playing)
Has the jury
reached a verdict?
Yes, we have,
Your Honor.
MANTLE: Question one,
was the hospital
or Dr. Platt negligent
in the death
of Mary Quillen?
How say you?
FOREPERSON: We, the jury,
find Dr. Platt and the hospital
guilty of negligence.
MANTLE: Question two
refers to damages.
Have you reached a decision
on that question?
FOREPERSON: 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.
SEABURY: Defense moves
to reduce the judgment
to the statutory cap
of $20,000.
Opposed. Your Honor has
the discretion to lift the cap.
SEABURY: There is no authority
for that discretion
in the legislative
definition--
Your Honor can rely on
precedent or judgements--
Those precedents are certainly
not binding, Your Honor..
The law is wrong!
Which is exactly why
most states
did away with the
charity caps 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
Ellenor for me.
I will.
(music playing)
(indistinct chatter)
What's new?
I'm sorry.
I didn't know.
I know you didn't.
I'm gonna try
to dissuade them.
Ellenor
it's a place of work,
nothing more.
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,
Ellenor,
I promise.
I'd even go so far as to say
it's all for the best, so...
let's see a smile.
(scoffs)
I didn't figure
you'd go so quietly.
Who said anything about
going quietly?
Ellenor,
I give you my word
this is going to get very...
ugly.
Not to worry.
(music playing)
(music playing)
WOMAN: You stinker!
(music playing)