Bull (2016) s01e06 Episode Script
Bedside Manner
1 How you feeling, Erica? ERICA: One blackout away from being able to have little ones, I hope.
Absolutely.
And I told your husband the same thing.
He's in the waiting room with your mom, dad.
ERICA: You are going to knock me out, right? The doctor didn't say.
NURSE: Dr.
Robeson's not one to chat.
Trust me, you'll miss the whole thing.
Julio, some help? Okay.
On three.
One, two, three.
There we go.
Let's bring in Atticus.
ERICA: Is that the robot arm? ROBESON: It's the Atticus Surgical System.
It's the best tool for the job.
Where's my music? Coming, Doctor.
Okay, Erica Povery, myomectomy.
ERICA: Hi, Dr.
Robeson.
Hi, Ms.
Povery.
NURSE: Here's your music, Doctor.
Uh, give me 100 mikes of fentanyl, then the propofol.
All right, you're gonna feel a chill come over you.
Count down from ten.
Ten, nine Good.
Ten, nine, eight (voice getting groggy): seven There's more fibroids in the uterus than we thought.
(monitor beeping steadily) Heavy bleeding from that insertion.
- I see it.
- Blood pressure's dropping fast.
- We've gotta stop this bleeding.
- I know.
She's bleeding out.
This isn't working.
(monitor alarm beeping) Dr.
Robeson, what do you want me to do? (alarm continues beeping) Dr.
Terrence Robeson.
First in his class at Harvard Med.
Now one of the top gynecological surgeons in the world.
Terry and I went to college together.
- Terry - Ooh.
DANNY: Wait, he looks like that, - and he's a surgeon? - Doesn't seem right, does it? - What'd he do? - Saved a woman's life, And now she's suing him for it.
Erica Povery.
She and her husband wanted to start a family.
But a cluster of fibroids was preventing pregnancy.
Terry was brought in to remove them.
Unfortunately, there were a larger number of fibroids than expected.
Now, heavy bleeding is not uncommon, but in Erica's case, the bleeding wouldn't stop.
The only way to keep her alive was to remove her uterus and perform an emergency hysterectomy.
So now she can't have kids? And that's why she had the surgery in the first place? Erica is claiming that the hysterectomy was avoidable, and she's suing for malpractice.
BENNY: Well, to prove malpractice, she has to show that Robeson violated a reasonable standard of care.
That means a significant violation of skill, diligence, or judgment.
Not easy to do.
BULL: Maybe not.
But there are people with skill, diligence, and judgment lining up to testify against him.
My guess is the they're gonna focus on one aspect.
That he rushed the decision to perform the hysterectomy.
Judgment.
They're gonna say that he could have used less-drastic measures to stop the bleeding.
And there's diligence.
Okay, listen, I know that it sounds bad, but I've known Terry for 16 years.
If there was another way, he would have found it.
What about the hospital? They offered a settlement.
But Terry refused.
It would have meant admitting that he made a mistake, - and he insisted he didn't make one.
- CHUNK: So if he loses, He'll be held liable for damages, which could be millions.
And he may never practice again.
For someone like Terry Brilliant, a pioneer That's all he has.
I'm assuming that the good doctor has an equally accomplished lawyer? Actually, no.
He's had some disagreements with his lawyers.
Lawyers? Plural? They sent over some pre-trial files and motions.
I could pull 'em up.
All right.
Let's see what we're up against.
BENNY: At this time, we, the plaintiffs would like to call Dr.
Terrence Robeson to the stand.
Benny's a little too excited to play Erica's attorney.
Residual nostalgia from his prosecutor days.
But don't worry, it's what we need to find the weaknesses in your old boyfriend's case.
- (inhales) - Terry.
Sharp intake of breath tells me it was no more than a year.
You're trying to be relaxed, which means it was a long time ago, but that little pulsing vein is the giveaway.
He still has a place in your heart.
It is hard not to feel continually judged by you.
Oh, well not judged.
Observed.
And you shouldn't be insulted, because I can't help it.
We were together almost a year, after college.
Still close friends.
Why didn't you tell me about him? Well, I, uh Terry's an acquired taste.
BULL: Well, let's see what we can acquire from Terry's stand-in.
BENNY: Dr.
Robeson, as simply as you can, please walk us through the surgery.
Certainly.
We began with anesthesia, a mix of fentanyl and Marcaine.
- Then once the patient had - ROBESON: Wrong.
Wh Are you insane? It's fentanyl then propofol.
Marcaine would have the inconvenient effect of giving her seizures and putting her in a coma.
Terry, you were supposed to call me when you got here.
I I know, I just wanted to see the magic happen.
We'll be sawing Marissa in half later.
You should stick around.
I'm Dr.
Jason Bull.
Oh.
You're a psychologist, though, right? So, not a real doctor.
MARISSA: W Now, this is all part of trial science.
This is where we run the mock trials with experts, like this MD.
- Yeah.
- And we present various facts in the case and track the juror's responses.
And once we hone our strategy, we bring you in.
Well, based on your so-called expert, I'd say you need to bring me in now.
We didn't want to waste your time, given your busy schedule.
But since you're here ain't nothing better than the real thing.
Okay.
Get out of there.
Like I said acquired taste.
Wow.
Dr.
Robeson, you're considered the top surgeon in your field, is that correct? And I'd kill to keep it that way.
It's a joke.
BENNY: Right.
Right, well, let's just talk about Erica's case, okay? There's a line of surgeons who will testify that you should have waited to perform a radical hysterectomy.
Yeah, I can get you a line of idiots to tell you anything.
Especially doctors who are paid to come to court - instead of the operating room.
- BENNY: Are you aware That you perform fibroid surgery in half the time as the national average? - Yes.
- So, isn't it possible that you might have Rushed through surgery to fit more in, make more money? Is it possible you were fired by the D.
A.
for incompetence? Oh.
I see you did your due diligence.
In the O.
R.
Yeah, in the O.
R.
I pioneered the use of a robotic arm called the Atticus, which allows me to perform fibroid surgery in half the time with one thousandth the number of mistakes.
CABLE: Their empathy lines are plummeting.
BENNY: I'm no surgeon, but wouldn't you call - maiming Erica a mistake? - No, because she lived.
And you're right, you're no surgeon.
You have no idea what it's like when every decision, every incision you make is the difference between life and death.
It's bloody, it's ugly, and it's nothing anyone who went to law school should be able to second guess.
So let me make this simple.
The closest thing that we have to God on Earth is a surgeon at the top of his game.
So next time you know, maybe laugh at his jokes.
Well, your friend may have saved Erica's life, but he just took his own on the stand.
We got the results back from our mock jury.
All six found Terry liable for malpractice.
Anyone surprised? He's egotistical.
Elitist.
Perfect, or so he thinks.
Holier than thou.
Our client has what we not real doctors call a god complex.
The good news is he's the best at what he does.
The bad news is - he knows it.
- My doctor can think he's a god as long as he saves my ass in the O.
R.
So our strategy is to find people who are comfortable with jerks, so long as their jerks are on their side.
Deep pragmatists.
Exactly.
Marissa, would you start building out a motivational matrix, please? I want to know which jurors are willing to bite the bullet when they stand to benefit.
Danny, let's find better facts.
Starting with the hospital and this robotic arm.
Cable, want you to deep dive this surgery, find out what the hell went wrong and why.
Chunk, get our doctor spruced up for court.
Yup.
- Benny.
- Hmm? Walk with me.
I know you enjoyed going up against Robeson in mock trial.
Yeah, you know I love going toe-to-toe.
I know.
And that's why he needs new counsel.
- Seriously? - We're up against a sympathetic young woman who wanted nothing more than to be a mother.
We need a new attorney who can balance out Robeson's uber ego with a more earthly presence.
Mm.
Well, who do you have in mind? Welcome back, Liberty.
LIBERTY: Oh, hi.
I'm excited to be here.
Oh.
Sorry, the walk's a killer.
Glad to have you back.
You remember Benny.
You kidding? Working with you guys on the Peters case Oh, that made my career.
Really? So I can't thank you enough for this opportunity to work with one of your clients again.
Wait till you meet the client.
Which one's the magic acquittal tie? Oh, no magic, just medicine for the soul.
In here, I'm the surgeon.
And you are flatlining.
See if we can pump a little life into it, huh? Unstructured jacket, earth tones for balance and strength, and a pocket square adds sophistication.
Can't imagine anyone's gonna care what I wear.
I'm gonna pretend you didn't say that.
Look, I'm a doctor.
You want to put me in a lab coat? No, but let's talk psychology.
Something called enclothed cognition.
Subtle changes in clothing affect the person's perception of you.
You went to military school.
You read my bio.
I read your posture.
Take that off.
It's too rigid.
In the O.
R.
what do you do to relax? Play music.
What kind? Hip-hop.
(hip-hop starts playing) Yeah Here we go.
We need some of that in the courtroom.
MAN: Dr.
Robeson's the man who put Atticus on the map.
He's a pioneer.
Smartest addition I've made to our surgical staff in the last ten years.
Is it because of his skill or because of Atticus? Both.
The procedures he's developed with Atticus have become the gold standard worldwide.
These arms are fitted with surgical blades, which allow for smaller incisions, less bleeding, and faster recovery time.
Which means you can squeeze in more surgeries.
- Excuse me? - Well, I read that your hospital does 30 times the number of surgeries as your closest competitor.
Everyone wants the best medical care they can receive.
Why not testify to that in court? Hospital policy is to stay out of malpractice suits.
Our employees are welcome to testify, should they choose.
But don't expect a line out the door.
He's not our most appealing doctor.
So, you wouldn't mind if I spoke to other members of your staff.
Suit yourself.
All right.
BULL: Liberty.
You ready to spin the wheel of fortune we call voir dire? With the questions you like to ask the jury, I actually enjoy spinnin' the wheel.
Doc.
Doc! (hip-hop music playing from headphone) Had you pegged as more Britpop than hip-hop.
I'm relaxing.
Let's hope dancing isn't part of his relaxation routine.
Oh, there's Erica, the plaintiff.
Wow, she looks nice.
(Bull sighs) (shouting): Are we going in? Or is standing outside part of trial science, too? Is it too late to switch sides? Hand in your phone.
Judge's orders.
Wait, what? Since when? Today.
You can have it back when you leave.
(sighs) Well, Marissa, this is where we part ways.
Looks like our judge has an aversion to technology.
Wow.
It's been a long time since you read a jury without backup! Do you miss me yet? Kidding? I love flying without a net.
See you on the other side.
What historical figure do you most admire and why? Your Honor, is this jury selection or a talk show? ABERNATHY: She has the right to ask.
No matter how stupid it sounds to us.
I assume there's some strategy behind this question.
Historical figure? I'd say Nikola Tesla.
He was a visionary and wanted to give electricity to the world.
We move to strike, Your Honor.
ROBESON: Now, why would you strike someone who cares about intellect and innovation? Because she's an idealist, and we want pragmatic jurors who will put up with you because you're the best, despite your prickly exterior.
How 'bout finding people who care about the facts? LIBERTY: Juror number three.
(chuckles) I'd go with John McEnroe.
That guy was fun to watch and played to win.
And if anyone got in his way, he'd shove that racket - right up their - Not In my courtroom, sir.
Do you see how they're leaning away from you? - It's because you're alienating them.
- Yes, well, According to you, they'll look past that.
Have you ever heard of the ass-to-awesome ratio? Because it means the bigger an ass you are, the better you'd better be.
And you're reaching that threshold.
- Counselor? - Have you ever applied that ratio - to yourself, Dr.
Bull? - Cut it.
We move to strike this juror, Your Honor.
What? (quietly): No.
No.
Liberty, no.
Your Honor, a brief recess, please? BULL: Marissa Bull, if you're calling me this soon, something happened.
(chuckles) Robeson happened.
He's managed to alienate almost every member of the jury, and we haven't even started.
Who have we got left? Well, we have two pragmatists.
The rest are giving him the cold shoulder.
So what do we do? BULL: Give me a second.
I'm gonna crack the door.
(soft chatter) Okay, juror number two, bespoke suit, Patek Philippe watch.
Flashy.
Everything about him is expensive.
Uh, 34-year-old investment banker.
His last two vacations were Vegas and (chuckles) Vegas.
High-rollers' table, I bet.
Look at him, sitting in that box like a king on a throne.
Let's talk about juror number 12.
Looks like she's itching to jump into the game.
Good guess.
She coaches the Lady Jackals, women's college basketball team.
Ooh.
Ejected from three of six games for fighting with the ref.
Pragmatists will vote for our doctor despite his attitude.
But these guys will vote for him because of his attitude.
It's funny, to save a client with a god complex, we're gonna fill the rest of the box with A jury of gods.
We've got a high-finance investor, the high-fashion designer, high-scoring coach, high-calorie food critic.
These are all uncompromising, arrogant alphas.
Let's give 'em Greek names.
Zeus, Apollo, Athena And Dionysus.
For the food critic.
The god of wine and good times.
I like Dionysus.
I forgot you minored in Greek mythology.
That's gonna come in handy.
So our jury's a bunch of jerks.
BULL: Not all of 'em.
We have two mere pragmatic mortals.
Erica needs five of six to win.
She has everyone but Zeus.
We just need the other gods to see themselves in Robeson.
We have our work cut out for us.
I will go assemble a godlike mirror jury.
I finished the deep dive on the surgery.
You're gonna want to see this.
CABLE: What I found scrubbing the hospital security footage is kind of amazing.
Dr.
Robeson didn't just save Erica's life once.
He saved it three times during this surgery.
The first time, 12 minutes in.
Erica's breathing gets hoarse.
Her face gets red.
BULL: She's having a reaction to the propofol.
But the anesthesiologist didn't catch it.
Robeson did.
He gave her a combo of Benadryl and steroids.
Then, two hours in, Erica's lost a lot of blood.
But watch the nurse.
She's totally confused, and Robeson has to come over to help her pick the right bag.
BULL: B-negative.
That could have made her sick, even killed her.
What's the finale? CABLE: The bleeding's gotten so bad they can't continue.
Robeson pulls Atticus out of the surgery, steps forward, and performs the hysterectomy by hand.
BULL: (chuckles) Wow.
CABLE: Robeson saved her life three times.
But I don't understand why these mistakes aren't in his notes.
Simple.
Robeson covered it up.
But-but why? I mean, they're not his mistakes.
They are, in a way.
Exactly.
I spoke to one of the many hospital employees Robeson, uh, rubbed the wrong way.
And it turns out he pulled strings to get these two on his team that day.
BULL: Question is, why? What else is this god hiding? BULL: So, Doc, here's the thing.
We're having some trouble with your eye for talent in the O.
R.
- Really? - Mmm.
You pulled rank to get the anesthesiologist, Dr.
Edwyn, into the O.
R.
A man whose record is average, at best.
He is, however, an excellent golfer.
And he pulled rank - to get you into his fancy country club.
- Are you suggesting I request him so I can play at a nice golf course? I'll admit, it felt like a stretch.
Until we learned that, um, Kelly Abbott, the nurse you most often requested, has been criticized for slow response time, and you had an affair with her 18 months ago.
We didn't have an affair.
Neither of us are married.
Never have been.
And this isn't worth my breath.
Yes, it is.
Terry, this is your life.
Now sit down and let us try to help you save it.
I chose my team with the same care that you chose yours.
Preparing for surgery is like preparing for battle.
There are dozens of risks.
Now, the known risks I can handle.
It's the unknown risks Those are the landmines.
Now, if I want to be successful, I need to turn those unknowns into knowns.
In the hospital, mistakes are inevitable.
That is why I use Dr.
Edwyn and Nurse Abbott Not because they won't make mistakes, but because I know what mistakes they will make.
And our records show that we are an excellent team.
You can't have flawless, so you go for predictable.
The problem is, her surgery was neither predictable nor flawless.
And their whole case hinges on the idea that you violated the standard of care.
And you're doing their work for them.
They are gonna say that you were distracted at very critical moments.
Why would I bring in people that would cause a disaster? Golf.
Sex.
I'd stick with golf, because a subpar performance is considered good.
Terry, we dig up these facts because we'd rather prepare for them here than get ambushed in court.
Do you know why I chose Nurse Abbott? She's not slow.
She's fast? She's thorough.
Records processes hundreds of surgeries from our hospital.
We're the busiest in the area.
Records got the blood type wrong.
Kelly caught it because she cross-referenced the charts with the records and saw two blood types listed.
And as a result, we were only able to save Erica's life because she had the two different blood types on hand.
And as for Dr.
Edwyn, what you can't see is how cool he is under pressure.
The only other available anesthesiologist that morning is a bag of nerves.
He drives me crazy.
Now, Edwyn handled a life-or-death circumstance without breaking a sweat.
That's also what makes him a scratch golfer.
(chuckles softly) So we know he can do that.
- (chuckles) - (sighs) He's more than just ego.
He has a mind, and it's brilliant.
Who wouldn't want to be around that? It's exciting.
Invigorating.
And, yes, it's infuriating, crazy-making.
If only you could change him Yes No.
Well If he were just a little bit more Tolerable? When I finally left him, I thought he'd actually try to win me back.
Maybe he knew he could never give you what you need.
LIBERTY: If the gods on our jury are these arrogant jerks, they're never gonna listen to anyone.
Not experts and certainly not lawyers.
That's not true.
We have an opportunity here.
We have a panel of jurors so self-absorbed that each one of them is gonna think that we're talking directly to them.
And how do we do that? Well, we start with the plaintiff's star witness, Dr.
Talbertson, senior gynecological surgeon at New York Sacred Heart.
They are relying on him to prove that Robeson violated standard of care.
And he's gonna say something like When faced with severe bleeding, the key is to promote clotting.
You give drugs, give transfusions, and, above all, give time.
And did Dr.
Robeson do all three? TALBERTSON: Two.
Drugs and transfusions.
But instead of giving it time, he rushed to the hysterectomy.
No doubt he had a surgery waiting or What do you know, you hack? What do I do? You let him vent.
The gods will love it.
But cut him off before the judge finds him in contempt.
No, ask him how long it took him to get board certified.
How many research grants does he have? Counselor.
- Terry.
- WATTS: Is it your belief That if Dr.
Robeson had exercised diligence, good judgment, and waited for clotting to take hold, Erica would still be able to have children? Yes, it is.
- We have no further questions.
- BULL: Robeson's outburst Got their attention.
Now you keep it by using tailored language, words that make each god feel that our reasoning is their reasoning.
Take Zeus, an investment banker.
He'll respond to statistical analysis.
Dr.
Talbertson, how often have any of your myomectomies resulted in an emergency hysterectomy? I've been practicing 20 years Three times, according to hospital records.
And were those three times an avoidable risk - or just bad luck? - I don't take risks in my O.
R.
Really? Let's examine that.
Now that Zeus is listening, you turn to Athena.
You'll appeal to her as a basketball coach hell-bent on winning.
LIBERTY: So you claim that Dr.
Robeson rushed to perform the emergency procedure.
Like an armchair general second-guessing another's battle plan, but when things went wrong in your O.
R.
, Doctor, how long did you wait before beginning the hysterectomy? I really couldn't say.
Three unit transfusions on average.
So do you recall the number of Dr.
Robeson's unit transfusions? I do not.
Almost four.
So Dr.
Robeson gave more time for the bleeding to stop than you did.
And Dionysus? Our food critic.
Did you rush to judgment? Did you feel the heat of the fire and panic in the kitchen? Were you guilty of malpractice? There are other factors.
There always are.
For instance, when you say that Dr.
Robeson rushed because he had another surgery waiting.
Isn't it true that the waitlist for Dr.
Robeson is months long, while yours is? It's less.
And why do you suppose that is? Could it be because the success rate for Dr.
Robeson is near perfect, while yours is To borrow your own words less? More surgeries and a higher success rate.
It seems to me that Dr.
Robeson is more of an expert than you are.
MARISSA: Liberty's cross-examination of Dr.
Talbertson couldn't have gone any better.
So Erica started out with five.
Now it's an even split Three for, three against.
And Erica needs five to win.
It's great odds.
Oh, we are not out of the woods yet.
Erica's gonna take the stand next.
You couldn't ask for a more sympathetic plaintiff.
WATTS: Ms.
Povery, when did you and your husband decide to start a family? During his last tour in Afghanistan.
When he got back for good, we started trying.
Did you ask your doctor why you were unable to conceive? She said I had uterine fibroids.
And did she recommend a surgeon? Yes.
Dr.
Robeson.
She said he was the best.
And after the surgery, how did Dr.
Robeson behave toward you? He barely acknowledged me.
Mumbled something.
A nurse had to come in later and explain what happened.
I tried calling him.
He didn't return my call.
How is that being the best? Your witness.
LIBERTY: Erica, I appreciate how hard this is for you.
Especially considering well, would you agree that the defendant, Dr.
Robeson, is kind of a jerk? Objection! She's trashing her own client.
Are you sure you want to object? Objection withdrawn.
LIBERTY: Are you aware that Winston Churchill was called a jerk? Steve Jobs, a jerk.
I guess.
LIBERTY: World-class achievers and world-class egos go hand in hand.
So thank God you can't sue someone for being a jerk.
I'm not suing him for being a jerk.
I'm suing him because he made a mistake.
And his ego is so big he can't even admit it.
My husband and I have been trying to have children for years.
This surgery was supposed to allow us to fulfill that dream.
He knew that.
Instead, he butchered me.
(exhales quietly) (voice breaking): I wanted to be a mom.
This jerk missed the point of her surgery.
- He should have tried harder.
- ZEUS: He wouldn't risk His ego by talking to his own patient.
Weak.
I wonder how much for that watch.
Something's up with Dionysus.
BENNY: Erica turned two jurors against us.
I mean, they feel she's been wronged, even if she didn't technically prove Terry violated her standard of care.
That's not the only challenge we've come across today.
Dionysus was paying more attention to Zeus' watch than paying attention to Erica's testimony.
And that is wrong on many levels.
Dionysus has a spring in his step.
Yup, the spring of a man about to step into a new Mercedes.
I tailed him all the way from the dealership.
According to his e-mails, he also just put in for a two-week vacation.
Where is he off to? Mount Olympus? St.
Barts.
His room's going for two grand a night.
St.
Barts.
I like St.
Barts.
So the son of a bitch has been bought off.
Yeah, someone else is definitely working this trial.
Well, nobody messes with my jury but me.
I found this guy Victor.
He's a contract fixer.
Danny got some photos of him.
And who is he speaking with? Alexander Greyridge, PhD, VP of the company that makes the Atticus robotic arm.
So Atticus bought the fixer, the fixer bought the juror.
Right.
Dionysus is on our side, but not under our control.
I still haven't found a digital footprint yet.
And I don't really understand why they're so desperate to get Robeson off.
I need access to the Atticus, but it's secured inside the hospital.
Remember that outfit Danny wore to the Halloween party last year? What, the nurse's outfit? Mm.
Oh.
I see what you mean.
I'll let you two take it from there.
Have fun.
(jazz playing in the background) (sighs) Whoa.
43-year-old single malt.
You have impeccable taste, sir.
Thanks.
I recognize you from court.
You're defending Robeson, right? I think we both are.
I don't know what you're talking about.
Relax.
I'm not here to expose you.
I'm here to help you.
Nicky you've been making some noise.
I've been very discreet.
Nicholas, a $200 bottle of Scotch, a plane ticket to St.
Barts, and a new Mercedes is not discreet.
You know what'll happen if you get caught? Five years.
And you would have to find your own defense attorney, because our mutual benefactor wouldn't be able to help you out.
Victor said he'd help me out.
Victor.
Maybe you don't know Victor as well as you think you do.
If you keep misbehaving, I'll go to the judge myself.
I want out.
Please? There's got to be a way.
I'll tell Victor.
Just don't show up in court.
ABERNATHY: This is ridiculous! Where is juror number four? That's it! Officer, we need a replacement for juror number four.
Please call the first alternate.
BAILIFF: Alternate juror number one? BULL: Ah, that would be Gladys, licensed sex therapist.
Looks like we're in for some mutually-gratifying deliberations.
I think we call her Aphrodite.
MARISSA: Nice work getting rid of Dionysus.
Tell me Aphrodite's had a consensual effect on our jury.
Oh, our jury loves her.
See for yourself.
Well, leave it to a sex therapist to have all the skills it takes to unite Mount Olympus.
But she has already formed an opinion of our good doctor, and it's not so therapeutic.
So, what does it take for someone with a big heart to warm to someone with a prickly ego? We are talking about me and Terry now, aren't we? Are we? Cable? Cable, let's go.
Okay.
(sighs) Hurry, Cable.
We've got a tight window to hack into Atticus.
We need a go word.
What? You know, a word that tells the other person that The coast is clear.
Something like ampicillin? Ampicillin? I don't know.
What did you use in the bureau? - We used to say, "Clear.
" - (beeping) Okay, clear.
This is incredible.
It's a near-flawless system.
10,000 self-checks a second, no history of malfunction.
Wait.
When was Erica's surgery? The 16th.
There was an update just two days before that, but they installed a patch the day after Erica's operation.
Why the hell would they do that? Uh-oh.
Cable, we have a house call.
Come on.
Come on.
(whispering): I'm on it.
(keyboard keys clicking) You're fast, Doc, but I'm faster.
(sharp beeping) Is anybody in here? Security? Hi.
This is Dr.
Lewis.
- I'm trying to get into O.
R.
room three - (whispering): Hey.
Doc.
and the keypad won't work.
Go.
DANNY: Dr.
Lewis.
Dr.
Lewis to the ER.
Dr.
Lewis, you're needed in the ER.
Clear? Ampicillin.
CABLE: Atticus's quarterly software update caused an error in one of the arm's calibrations.
It wasn't much.
Less than 100 nanometers off of what Robeson commanded.
But impossible for the human eye to detect.
It was already a bloody surgery, making it difficult to see clearly.
But when Robeson commanded Atticus to cut into one of the hard-to-reach fibroids, it nicked one of Erica's blood vessels.
Terry didn't make a mistake.
Atticus did.
BULL: And they knew it, so they patched the software and bribed Dionysus so they could buy the "not liable" verdict.
Didn't want to damage the doctor's good name.
It's their best marketing tool.
This evidence was obtained illegally.
We're gonna have to subpoena Atticus for their records.
If they're dirty enough to bribe a juror, they'll definitely cover up the patch.
Oh, yeah.
They'll try.
But if Liberty calls Dr.
Greyridge to the stand and he's the lead engineer for Atticus, then he'll assume he's there to defend Robeson.
Then we make him meet his own creation.
The Atticus Surgical System took 12 years and more than $100 million to develop.
LIBERTY: And since then, how many surgical errors have been reported? Zero.
None whatsoever.
That is impressive.
Would you be willing to put that to the test? GREYRIDGE: There's a demo mode, if you'd like LIBERTY: What about something more hands-on? Specifically, your hand on this table.
We would like to play a version of the knife game.
Only in place of the knife (mechanical whirring) WATTS: Objection.
Your Honor, we respect the court's decision to use the machine, but this is turning into a sideshow, a dangerous one.
I'm inclined to agree.
Counselor, where are we going with this? Nobody is going to get hurt.
We have calibrated the machine to this grid.
The jury deserves to see it in action.
ABERNATHY: Dr.
Greyridge? Of course.
I trust Atticus.
LIBERTY: Oh, one more thing.
In order for this to be accurate, we need to use the same version of the software that was used for Erica's surgery.
So we've had the technician roll it back.
Everybody ready? (mechanical whirring) LIBERTY: When I give the word, we will demonstrate for the jury the 100% accuracy of the Atticus Surgical System, calibrated with the same version of the software used on the day of Erica's surgery.
And Wait! Dr.
Greyridge, what's wrong? I-I don't understand.
Are you saying that even in the hands of a skilled technician, atticus could miss? He could cut the wrong thing? I I don't know.
LIBERTY: How do you not know? Was there a change in the software recently? A patch just 18 hours after Erica's surgery? I don't have to answer that.
All right, one against and four on the fence.
Zeus works with high-tech investing algorithms, so exposing the flaws in Atticus's software was enough to convince him.
But I'm at a loss how to win over the others.
I mean, the machine malfunctioned.
How could they not be swayed by that? Because this was never about the machine.
Or the surgery.
It's about what happened after.
Robeson never violated any physical standard of care.
But when he wasn't really there for Erica, he violated an emotional one.
They need to emotionally connect with him, or he's done.
And Aphrodite is the most influential juror.
So we're gonna turn her.
Here's everything we have on her.
Happily married, multiple awards in her field Weekly advice column: "Gladys Gets Intimate.
" BENNY: Mm.
Here's her latest post.
"Who is the Sexiest Man Alive? The One Who Knows He Can't Fix Everything.
" Do men really try to fix every Yes.
You do.
BULL: Aphrodite needs to hear a man say he can't fix everything, so we're putting Robeson on the stand.
Wh? You kidding me? He'll never admit to something he can't do.
It's true.
You said it yourself, Bull.
When it comes to surgery, Terry thinks he's infallible.
Nobody could make him say otherwise.
Oh, I know someone who could.
Me? (laughs) You went toe-to-toe with him and you struck a nerve.
And now, Benny, now I want you to go for his jugular.
(elevator bell chimes) Sorry.
Uh, Terry.
What? So I'm testifying after all? Do you remember when you invited me to an operating theatre to watch a man get a high-tech pacemaker surgically installed? Yeah.
You threw up.
Twice.
It wasn't until you kissed me on the walk home that I realized that was our first date.
I'm just glad I brought breath mints.
What does this have to do with me taking the stand? Listen.
That was the worst idea for a first date ever.
You knew you screwed the whole thing up.
The man who, on our second date, asked me to come with him to change his car tires, and wore corduroy shorts and a stained NASA jersey that said, "Failure Is Not An Option.
" (chuckles) Well, that was the day I fell for you.
You were just so easy to spend time with.
You made me laugh.
Likewise, believe me.
That jury has only seen Dr.
Robeson, the surgeon.
They need to see Terry the endearing.
That's the man I fell for.
That's the man they need to see.
Would you say you followed all reasonable protocols and standards? No.
I exceeded them.
But expert witnesses said that your actions fell below a reasonable standard of care.
They were wrong.
I I believe you.
But I don't think that they do.
Why do you think that is? (scoffs) You'd have to ask them.
I can't.
I'm asking you.
You cut up an innocent woman.
ROBESON: I didn't cut her up.
I performed an operation An operation she didn't ask for.
Now she can't have kids.
She couldn't have children before the surgery because of the fibroids.
So that gives you permission to mangle a young woman's body? I didn't man I saved her life.
Then why don't they believe you? ROBESON: Well, I can't force them - to believe me.
- So, so let me get this straight.
You're asking them to somehow get inside your head during the operation? I don't want them inside my head.
Wh-wh-why? Because you're such a private man? Because you're so brilliant they won't understand? No, because it's overwhelming! Do you want to know what's going on inside my head in the O.
R.
that day? Blood pressure 100/65, normal but dropping.
Watch for 70 over 45.
Heart rhythm irregular Common under anesthesia.
Incising first fibroid, tissue firmer than expected.
Adjust angle, oxygen, a bit too high, may need pulse oximeter to verify.
And that's just the first ten seconds.
That all sounds very technical.
Well, there are a dozen more decisions to be made every second after that.
Decisions that call on every ounce of my education, my expertise, my judgment.
Decisions that threaten life, alter life, save life.
Decisions that none of you are qualified to make, none of you want to make.
(murmuring in courtroom) You make a lot of friends at Harvard? I went to Harvard because I wanted to be a great surgeon, and I am.
I just can't do anything else.
This flood of information makes me excellent at what I do.
I see flaws, I diagnose them.
I attack them and I fix them.
In the O.
R.
, I know exactly what to do, whom to have on my team, when and where to cut and sew.
But outside that information fails me.
I don't know how to be around people.
How to prep a patient, to console her through a devastating loss What to say to the woman I loved.
to make her stay.
Isn't it enough that I was born to do one thing well? If you're carried into that hospital, clinging to life you may want a doctor who's kind.
Who knows just what to say to put your heart at ease.
You may want a friend.
But given that choice, how many of us would want a kind, sympathetic friend over Dr.
Robeson? He saved Erica's life.
And if, God forbid, you need it, he will save yours.
He just won't know how to talk to you after he does.
Excuse me, Erica.
You're with the defense.
I'm not supposed to talk to you.
Well, the jury's deliberating.
It's out of our hands now.
This thing with Atticus isn't.
Was there really a software glitch? I believe there was.
And if you want to go after them, I'll help you prove it.
Excuse me.
I'm really sorry for what happened.
And-and I know it's not my place, or any consolation but I was adopted.
Not a day goes by that I don't thank my parents for giving me a home.
There are a lot of ways to make a family.
BAILIFF: All rise.
ABERNATHY: Ladies and gentlemen of the jury, have you reached a verdict? We have.
We the jury find the defendant, Terrence Robeson, not liable.
- (quiet gasps) - ABERNATHY: Ladies and gentlemen, the court thanks you for your service.
Court is adjourned.
(gavel pounds) BULL: Well done, Liberty.
Oh, Dr.
Bull, thank you.
(indistinct conversation, laughter) Thank you.
So what he said on the stand I never knew.
Well, he wanted to tell you.
The god is human after all.
Love him or hate him, he has confidence enough to follow his own compass.
And he doesn't let himself get pushed around.
Neither do you.
Thanks.
You know, I realize the reasons that he and I didn't work are the reasons that you and I do.
I can spend my days with a brilliant, difficult man.
I just can't date him.
(chuckles) Well, you're better off.
(laughing): So are you Dr.
Bull.
To platonic love.
Absolutely.
And I told your husband the same thing.
He's in the waiting room with your mom, dad.
ERICA: You are going to knock me out, right? The doctor didn't say.
NURSE: Dr.
Robeson's not one to chat.
Trust me, you'll miss the whole thing.
Julio, some help? Okay.
On three.
One, two, three.
There we go.
Let's bring in Atticus.
ERICA: Is that the robot arm? ROBESON: It's the Atticus Surgical System.
It's the best tool for the job.
Where's my music? Coming, Doctor.
Okay, Erica Povery, myomectomy.
ERICA: Hi, Dr.
Robeson.
Hi, Ms.
Povery.
NURSE: Here's your music, Doctor.
Uh, give me 100 mikes of fentanyl, then the propofol.
All right, you're gonna feel a chill come over you.
Count down from ten.
Ten, nine Good.
Ten, nine, eight (voice getting groggy): seven There's more fibroids in the uterus than we thought.
(monitor beeping steadily) Heavy bleeding from that insertion.
- I see it.
- Blood pressure's dropping fast.
- We've gotta stop this bleeding.
- I know.
She's bleeding out.
This isn't working.
(monitor alarm beeping) Dr.
Robeson, what do you want me to do? (alarm continues beeping) Dr.
Terrence Robeson.
First in his class at Harvard Med.
Now one of the top gynecological surgeons in the world.
Terry and I went to college together.
- Terry - Ooh.
DANNY: Wait, he looks like that, - and he's a surgeon? - Doesn't seem right, does it? - What'd he do? - Saved a woman's life, And now she's suing him for it.
Erica Povery.
She and her husband wanted to start a family.
But a cluster of fibroids was preventing pregnancy.
Terry was brought in to remove them.
Unfortunately, there were a larger number of fibroids than expected.
Now, heavy bleeding is not uncommon, but in Erica's case, the bleeding wouldn't stop.
The only way to keep her alive was to remove her uterus and perform an emergency hysterectomy.
So now she can't have kids? And that's why she had the surgery in the first place? Erica is claiming that the hysterectomy was avoidable, and she's suing for malpractice.
BENNY: Well, to prove malpractice, she has to show that Robeson violated a reasonable standard of care.
That means a significant violation of skill, diligence, or judgment.
Not easy to do.
BULL: Maybe not.
But there are people with skill, diligence, and judgment lining up to testify against him.
My guess is the they're gonna focus on one aspect.
That he rushed the decision to perform the hysterectomy.
Judgment.
They're gonna say that he could have used less-drastic measures to stop the bleeding.
And there's diligence.
Okay, listen, I know that it sounds bad, but I've known Terry for 16 years.
If there was another way, he would have found it.
What about the hospital? They offered a settlement.
But Terry refused.
It would have meant admitting that he made a mistake, - and he insisted he didn't make one.
- CHUNK: So if he loses, He'll be held liable for damages, which could be millions.
And he may never practice again.
For someone like Terry Brilliant, a pioneer That's all he has.
I'm assuming that the good doctor has an equally accomplished lawyer? Actually, no.
He's had some disagreements with his lawyers.
Lawyers? Plural? They sent over some pre-trial files and motions.
I could pull 'em up.
All right.
Let's see what we're up against.
BENNY: At this time, we, the plaintiffs would like to call Dr.
Terrence Robeson to the stand.
Benny's a little too excited to play Erica's attorney.
Residual nostalgia from his prosecutor days.
But don't worry, it's what we need to find the weaknesses in your old boyfriend's case.
- (inhales) - Terry.
Sharp intake of breath tells me it was no more than a year.
You're trying to be relaxed, which means it was a long time ago, but that little pulsing vein is the giveaway.
He still has a place in your heart.
It is hard not to feel continually judged by you.
Oh, well not judged.
Observed.
And you shouldn't be insulted, because I can't help it.
We were together almost a year, after college.
Still close friends.
Why didn't you tell me about him? Well, I, uh Terry's an acquired taste.
BULL: Well, let's see what we can acquire from Terry's stand-in.
BENNY: Dr.
Robeson, as simply as you can, please walk us through the surgery.
Certainly.
We began with anesthesia, a mix of fentanyl and Marcaine.
- Then once the patient had - ROBESON: Wrong.
Wh Are you insane? It's fentanyl then propofol.
Marcaine would have the inconvenient effect of giving her seizures and putting her in a coma.
Terry, you were supposed to call me when you got here.
I I know, I just wanted to see the magic happen.
We'll be sawing Marissa in half later.
You should stick around.
I'm Dr.
Jason Bull.
Oh.
You're a psychologist, though, right? So, not a real doctor.
MARISSA: W Now, this is all part of trial science.
This is where we run the mock trials with experts, like this MD.
- Yeah.
- And we present various facts in the case and track the juror's responses.
And once we hone our strategy, we bring you in.
Well, based on your so-called expert, I'd say you need to bring me in now.
We didn't want to waste your time, given your busy schedule.
But since you're here ain't nothing better than the real thing.
Okay.
Get out of there.
Like I said acquired taste.
Wow.
Dr.
Robeson, you're considered the top surgeon in your field, is that correct? And I'd kill to keep it that way.
It's a joke.
BENNY: Right.
Right, well, let's just talk about Erica's case, okay? There's a line of surgeons who will testify that you should have waited to perform a radical hysterectomy.
Yeah, I can get you a line of idiots to tell you anything.
Especially doctors who are paid to come to court - instead of the operating room.
- BENNY: Are you aware That you perform fibroid surgery in half the time as the national average? - Yes.
- So, isn't it possible that you might have Rushed through surgery to fit more in, make more money? Is it possible you were fired by the D.
A.
for incompetence? Oh.
I see you did your due diligence.
In the O.
R.
Yeah, in the O.
R.
I pioneered the use of a robotic arm called the Atticus, which allows me to perform fibroid surgery in half the time with one thousandth the number of mistakes.
CABLE: Their empathy lines are plummeting.
BENNY: I'm no surgeon, but wouldn't you call - maiming Erica a mistake? - No, because she lived.
And you're right, you're no surgeon.
You have no idea what it's like when every decision, every incision you make is the difference between life and death.
It's bloody, it's ugly, and it's nothing anyone who went to law school should be able to second guess.
So let me make this simple.
The closest thing that we have to God on Earth is a surgeon at the top of his game.
So next time you know, maybe laugh at his jokes.
Well, your friend may have saved Erica's life, but he just took his own on the stand.
We got the results back from our mock jury.
All six found Terry liable for malpractice.
Anyone surprised? He's egotistical.
Elitist.
Perfect, or so he thinks.
Holier than thou.
Our client has what we not real doctors call a god complex.
The good news is he's the best at what he does.
The bad news is - he knows it.
- My doctor can think he's a god as long as he saves my ass in the O.
R.
So our strategy is to find people who are comfortable with jerks, so long as their jerks are on their side.
Deep pragmatists.
Exactly.
Marissa, would you start building out a motivational matrix, please? I want to know which jurors are willing to bite the bullet when they stand to benefit.
Danny, let's find better facts.
Starting with the hospital and this robotic arm.
Cable, want you to deep dive this surgery, find out what the hell went wrong and why.
Chunk, get our doctor spruced up for court.
Yup.
- Benny.
- Hmm? Walk with me.
I know you enjoyed going up against Robeson in mock trial.
Yeah, you know I love going toe-to-toe.
I know.
And that's why he needs new counsel.
- Seriously? - We're up against a sympathetic young woman who wanted nothing more than to be a mother.
We need a new attorney who can balance out Robeson's uber ego with a more earthly presence.
Mm.
Well, who do you have in mind? Welcome back, Liberty.
LIBERTY: Oh, hi.
I'm excited to be here.
Oh.
Sorry, the walk's a killer.
Glad to have you back.
You remember Benny.
You kidding? Working with you guys on the Peters case Oh, that made my career.
Really? So I can't thank you enough for this opportunity to work with one of your clients again.
Wait till you meet the client.
Which one's the magic acquittal tie? Oh, no magic, just medicine for the soul.
In here, I'm the surgeon.
And you are flatlining.
See if we can pump a little life into it, huh? Unstructured jacket, earth tones for balance and strength, and a pocket square adds sophistication.
Can't imagine anyone's gonna care what I wear.
I'm gonna pretend you didn't say that.
Look, I'm a doctor.
You want to put me in a lab coat? No, but let's talk psychology.
Something called enclothed cognition.
Subtle changes in clothing affect the person's perception of you.
You went to military school.
You read my bio.
I read your posture.
Take that off.
It's too rigid.
In the O.
R.
what do you do to relax? Play music.
What kind? Hip-hop.
(hip-hop starts playing) Yeah Here we go.
We need some of that in the courtroom.
MAN: Dr.
Robeson's the man who put Atticus on the map.
He's a pioneer.
Smartest addition I've made to our surgical staff in the last ten years.
Is it because of his skill or because of Atticus? Both.
The procedures he's developed with Atticus have become the gold standard worldwide.
These arms are fitted with surgical blades, which allow for smaller incisions, less bleeding, and faster recovery time.
Which means you can squeeze in more surgeries.
- Excuse me? - Well, I read that your hospital does 30 times the number of surgeries as your closest competitor.
Everyone wants the best medical care they can receive.
Why not testify to that in court? Hospital policy is to stay out of malpractice suits.
Our employees are welcome to testify, should they choose.
But don't expect a line out the door.
He's not our most appealing doctor.
So, you wouldn't mind if I spoke to other members of your staff.
Suit yourself.
All right.
BULL: Liberty.
You ready to spin the wheel of fortune we call voir dire? With the questions you like to ask the jury, I actually enjoy spinnin' the wheel.
Doc.
Doc! (hip-hop music playing from headphone) Had you pegged as more Britpop than hip-hop.
I'm relaxing.
Let's hope dancing isn't part of his relaxation routine.
Oh, there's Erica, the plaintiff.
Wow, she looks nice.
(Bull sighs) (shouting): Are we going in? Or is standing outside part of trial science, too? Is it too late to switch sides? Hand in your phone.
Judge's orders.
Wait, what? Since when? Today.
You can have it back when you leave.
(sighs) Well, Marissa, this is where we part ways.
Looks like our judge has an aversion to technology.
Wow.
It's been a long time since you read a jury without backup! Do you miss me yet? Kidding? I love flying without a net.
See you on the other side.
What historical figure do you most admire and why? Your Honor, is this jury selection or a talk show? ABERNATHY: She has the right to ask.
No matter how stupid it sounds to us.
I assume there's some strategy behind this question.
Historical figure? I'd say Nikola Tesla.
He was a visionary and wanted to give electricity to the world.
We move to strike, Your Honor.
ROBESON: Now, why would you strike someone who cares about intellect and innovation? Because she's an idealist, and we want pragmatic jurors who will put up with you because you're the best, despite your prickly exterior.
How 'bout finding people who care about the facts? LIBERTY: Juror number three.
(chuckles) I'd go with John McEnroe.
That guy was fun to watch and played to win.
And if anyone got in his way, he'd shove that racket - right up their - Not In my courtroom, sir.
Do you see how they're leaning away from you? - It's because you're alienating them.
- Yes, well, According to you, they'll look past that.
Have you ever heard of the ass-to-awesome ratio? Because it means the bigger an ass you are, the better you'd better be.
And you're reaching that threshold.
- Counselor? - Have you ever applied that ratio - to yourself, Dr.
Bull? - Cut it.
We move to strike this juror, Your Honor.
What? (quietly): No.
No.
Liberty, no.
Your Honor, a brief recess, please? BULL: Marissa Bull, if you're calling me this soon, something happened.
(chuckles) Robeson happened.
He's managed to alienate almost every member of the jury, and we haven't even started.
Who have we got left? Well, we have two pragmatists.
The rest are giving him the cold shoulder.
So what do we do? BULL: Give me a second.
I'm gonna crack the door.
(soft chatter) Okay, juror number two, bespoke suit, Patek Philippe watch.
Flashy.
Everything about him is expensive.
Uh, 34-year-old investment banker.
His last two vacations were Vegas and (chuckles) Vegas.
High-rollers' table, I bet.
Look at him, sitting in that box like a king on a throne.
Let's talk about juror number 12.
Looks like she's itching to jump into the game.
Good guess.
She coaches the Lady Jackals, women's college basketball team.
Ooh.
Ejected from three of six games for fighting with the ref.
Pragmatists will vote for our doctor despite his attitude.
But these guys will vote for him because of his attitude.
It's funny, to save a client with a god complex, we're gonna fill the rest of the box with A jury of gods.
We've got a high-finance investor, the high-fashion designer, high-scoring coach, high-calorie food critic.
These are all uncompromising, arrogant alphas.
Let's give 'em Greek names.
Zeus, Apollo, Athena And Dionysus.
For the food critic.
The god of wine and good times.
I like Dionysus.
I forgot you minored in Greek mythology.
That's gonna come in handy.
So our jury's a bunch of jerks.
BULL: Not all of 'em.
We have two mere pragmatic mortals.
Erica needs five of six to win.
She has everyone but Zeus.
We just need the other gods to see themselves in Robeson.
We have our work cut out for us.
I will go assemble a godlike mirror jury.
I finished the deep dive on the surgery.
You're gonna want to see this.
CABLE: What I found scrubbing the hospital security footage is kind of amazing.
Dr.
Robeson didn't just save Erica's life once.
He saved it three times during this surgery.
The first time, 12 minutes in.
Erica's breathing gets hoarse.
Her face gets red.
BULL: She's having a reaction to the propofol.
But the anesthesiologist didn't catch it.
Robeson did.
He gave her a combo of Benadryl and steroids.
Then, two hours in, Erica's lost a lot of blood.
But watch the nurse.
She's totally confused, and Robeson has to come over to help her pick the right bag.
BULL: B-negative.
That could have made her sick, even killed her.
What's the finale? CABLE: The bleeding's gotten so bad they can't continue.
Robeson pulls Atticus out of the surgery, steps forward, and performs the hysterectomy by hand.
BULL: (chuckles) Wow.
CABLE: Robeson saved her life three times.
But I don't understand why these mistakes aren't in his notes.
Simple.
Robeson covered it up.
But-but why? I mean, they're not his mistakes.
They are, in a way.
Exactly.
I spoke to one of the many hospital employees Robeson, uh, rubbed the wrong way.
And it turns out he pulled strings to get these two on his team that day.
BULL: Question is, why? What else is this god hiding? BULL: So, Doc, here's the thing.
We're having some trouble with your eye for talent in the O.
R.
- Really? - Mmm.
You pulled rank to get the anesthesiologist, Dr.
Edwyn, into the O.
R.
A man whose record is average, at best.
He is, however, an excellent golfer.
And he pulled rank - to get you into his fancy country club.
- Are you suggesting I request him so I can play at a nice golf course? I'll admit, it felt like a stretch.
Until we learned that, um, Kelly Abbott, the nurse you most often requested, has been criticized for slow response time, and you had an affair with her 18 months ago.
We didn't have an affair.
Neither of us are married.
Never have been.
And this isn't worth my breath.
Yes, it is.
Terry, this is your life.
Now sit down and let us try to help you save it.
I chose my team with the same care that you chose yours.
Preparing for surgery is like preparing for battle.
There are dozens of risks.
Now, the known risks I can handle.
It's the unknown risks Those are the landmines.
Now, if I want to be successful, I need to turn those unknowns into knowns.
In the hospital, mistakes are inevitable.
That is why I use Dr.
Edwyn and Nurse Abbott Not because they won't make mistakes, but because I know what mistakes they will make.
And our records show that we are an excellent team.
You can't have flawless, so you go for predictable.
The problem is, her surgery was neither predictable nor flawless.
And their whole case hinges on the idea that you violated the standard of care.
And you're doing their work for them.
They are gonna say that you were distracted at very critical moments.
Why would I bring in people that would cause a disaster? Golf.
Sex.
I'd stick with golf, because a subpar performance is considered good.
Terry, we dig up these facts because we'd rather prepare for them here than get ambushed in court.
Do you know why I chose Nurse Abbott? She's not slow.
She's fast? She's thorough.
Records processes hundreds of surgeries from our hospital.
We're the busiest in the area.
Records got the blood type wrong.
Kelly caught it because she cross-referenced the charts with the records and saw two blood types listed.
And as a result, we were only able to save Erica's life because she had the two different blood types on hand.
And as for Dr.
Edwyn, what you can't see is how cool he is under pressure.
The only other available anesthesiologist that morning is a bag of nerves.
He drives me crazy.
Now, Edwyn handled a life-or-death circumstance without breaking a sweat.
That's also what makes him a scratch golfer.
(chuckles softly) So we know he can do that.
- (chuckles) - (sighs) He's more than just ego.
He has a mind, and it's brilliant.
Who wouldn't want to be around that? It's exciting.
Invigorating.
And, yes, it's infuriating, crazy-making.
If only you could change him Yes No.
Well If he were just a little bit more Tolerable? When I finally left him, I thought he'd actually try to win me back.
Maybe he knew he could never give you what you need.
LIBERTY: If the gods on our jury are these arrogant jerks, they're never gonna listen to anyone.
Not experts and certainly not lawyers.
That's not true.
We have an opportunity here.
We have a panel of jurors so self-absorbed that each one of them is gonna think that we're talking directly to them.
And how do we do that? Well, we start with the plaintiff's star witness, Dr.
Talbertson, senior gynecological surgeon at New York Sacred Heart.
They are relying on him to prove that Robeson violated standard of care.
And he's gonna say something like When faced with severe bleeding, the key is to promote clotting.
You give drugs, give transfusions, and, above all, give time.
And did Dr.
Robeson do all three? TALBERTSON: Two.
Drugs and transfusions.
But instead of giving it time, he rushed to the hysterectomy.
No doubt he had a surgery waiting or What do you know, you hack? What do I do? You let him vent.
The gods will love it.
But cut him off before the judge finds him in contempt.
No, ask him how long it took him to get board certified.
How many research grants does he have? Counselor.
- Terry.
- WATTS: Is it your belief That if Dr.
Robeson had exercised diligence, good judgment, and waited for clotting to take hold, Erica would still be able to have children? Yes, it is.
- We have no further questions.
- BULL: Robeson's outburst Got their attention.
Now you keep it by using tailored language, words that make each god feel that our reasoning is their reasoning.
Take Zeus, an investment banker.
He'll respond to statistical analysis.
Dr.
Talbertson, how often have any of your myomectomies resulted in an emergency hysterectomy? I've been practicing 20 years Three times, according to hospital records.
And were those three times an avoidable risk - or just bad luck? - I don't take risks in my O.
R.
Really? Let's examine that.
Now that Zeus is listening, you turn to Athena.
You'll appeal to her as a basketball coach hell-bent on winning.
LIBERTY: So you claim that Dr.
Robeson rushed to perform the emergency procedure.
Like an armchair general second-guessing another's battle plan, but when things went wrong in your O.
R.
, Doctor, how long did you wait before beginning the hysterectomy? I really couldn't say.
Three unit transfusions on average.
So do you recall the number of Dr.
Robeson's unit transfusions? I do not.
Almost four.
So Dr.
Robeson gave more time for the bleeding to stop than you did.
And Dionysus? Our food critic.
Did you rush to judgment? Did you feel the heat of the fire and panic in the kitchen? Were you guilty of malpractice? There are other factors.
There always are.
For instance, when you say that Dr.
Robeson rushed because he had another surgery waiting.
Isn't it true that the waitlist for Dr.
Robeson is months long, while yours is? It's less.
And why do you suppose that is? Could it be because the success rate for Dr.
Robeson is near perfect, while yours is To borrow your own words less? More surgeries and a higher success rate.
It seems to me that Dr.
Robeson is more of an expert than you are.
MARISSA: Liberty's cross-examination of Dr.
Talbertson couldn't have gone any better.
So Erica started out with five.
Now it's an even split Three for, three against.
And Erica needs five to win.
It's great odds.
Oh, we are not out of the woods yet.
Erica's gonna take the stand next.
You couldn't ask for a more sympathetic plaintiff.
WATTS: Ms.
Povery, when did you and your husband decide to start a family? During his last tour in Afghanistan.
When he got back for good, we started trying.
Did you ask your doctor why you were unable to conceive? She said I had uterine fibroids.
And did she recommend a surgeon? Yes.
Dr.
Robeson.
She said he was the best.
And after the surgery, how did Dr.
Robeson behave toward you? He barely acknowledged me.
Mumbled something.
A nurse had to come in later and explain what happened.
I tried calling him.
He didn't return my call.
How is that being the best? Your witness.
LIBERTY: Erica, I appreciate how hard this is for you.
Especially considering well, would you agree that the defendant, Dr.
Robeson, is kind of a jerk? Objection! She's trashing her own client.
Are you sure you want to object? Objection withdrawn.
LIBERTY: Are you aware that Winston Churchill was called a jerk? Steve Jobs, a jerk.
I guess.
LIBERTY: World-class achievers and world-class egos go hand in hand.
So thank God you can't sue someone for being a jerk.
I'm not suing him for being a jerk.
I'm suing him because he made a mistake.
And his ego is so big he can't even admit it.
My husband and I have been trying to have children for years.
This surgery was supposed to allow us to fulfill that dream.
He knew that.
Instead, he butchered me.
(exhales quietly) (voice breaking): I wanted to be a mom.
This jerk missed the point of her surgery.
- He should have tried harder.
- ZEUS: He wouldn't risk His ego by talking to his own patient.
Weak.
I wonder how much for that watch.
Something's up with Dionysus.
BENNY: Erica turned two jurors against us.
I mean, they feel she's been wronged, even if she didn't technically prove Terry violated her standard of care.
That's not the only challenge we've come across today.
Dionysus was paying more attention to Zeus' watch than paying attention to Erica's testimony.
And that is wrong on many levels.
Dionysus has a spring in his step.
Yup, the spring of a man about to step into a new Mercedes.
I tailed him all the way from the dealership.
According to his e-mails, he also just put in for a two-week vacation.
Where is he off to? Mount Olympus? St.
Barts.
His room's going for two grand a night.
St.
Barts.
I like St.
Barts.
So the son of a bitch has been bought off.
Yeah, someone else is definitely working this trial.
Well, nobody messes with my jury but me.
I found this guy Victor.
He's a contract fixer.
Danny got some photos of him.
And who is he speaking with? Alexander Greyridge, PhD, VP of the company that makes the Atticus robotic arm.
So Atticus bought the fixer, the fixer bought the juror.
Right.
Dionysus is on our side, but not under our control.
I still haven't found a digital footprint yet.
And I don't really understand why they're so desperate to get Robeson off.
I need access to the Atticus, but it's secured inside the hospital.
Remember that outfit Danny wore to the Halloween party last year? What, the nurse's outfit? Mm.
Oh.
I see what you mean.
I'll let you two take it from there.
Have fun.
(jazz playing in the background) (sighs) Whoa.
43-year-old single malt.
You have impeccable taste, sir.
Thanks.
I recognize you from court.
You're defending Robeson, right? I think we both are.
I don't know what you're talking about.
Relax.
I'm not here to expose you.
I'm here to help you.
Nicky you've been making some noise.
I've been very discreet.
Nicholas, a $200 bottle of Scotch, a plane ticket to St.
Barts, and a new Mercedes is not discreet.
You know what'll happen if you get caught? Five years.
And you would have to find your own defense attorney, because our mutual benefactor wouldn't be able to help you out.
Victor said he'd help me out.
Victor.
Maybe you don't know Victor as well as you think you do.
If you keep misbehaving, I'll go to the judge myself.
I want out.
Please? There's got to be a way.
I'll tell Victor.
Just don't show up in court.
ABERNATHY: This is ridiculous! Where is juror number four? That's it! Officer, we need a replacement for juror number four.
Please call the first alternate.
BAILIFF: Alternate juror number one? BULL: Ah, that would be Gladys, licensed sex therapist.
Looks like we're in for some mutually-gratifying deliberations.
I think we call her Aphrodite.
MARISSA: Nice work getting rid of Dionysus.
Tell me Aphrodite's had a consensual effect on our jury.
Oh, our jury loves her.
See for yourself.
Well, leave it to a sex therapist to have all the skills it takes to unite Mount Olympus.
But she has already formed an opinion of our good doctor, and it's not so therapeutic.
So, what does it take for someone with a big heart to warm to someone with a prickly ego? We are talking about me and Terry now, aren't we? Are we? Cable? Cable, let's go.
Okay.
(sighs) Hurry, Cable.
We've got a tight window to hack into Atticus.
We need a go word.
What? You know, a word that tells the other person that The coast is clear.
Something like ampicillin? Ampicillin? I don't know.
What did you use in the bureau? - We used to say, "Clear.
" - (beeping) Okay, clear.
This is incredible.
It's a near-flawless system.
10,000 self-checks a second, no history of malfunction.
Wait.
When was Erica's surgery? The 16th.
There was an update just two days before that, but they installed a patch the day after Erica's operation.
Why the hell would they do that? Uh-oh.
Cable, we have a house call.
Come on.
Come on.
(whispering): I'm on it.
(keyboard keys clicking) You're fast, Doc, but I'm faster.
(sharp beeping) Is anybody in here? Security? Hi.
This is Dr.
Lewis.
- I'm trying to get into O.
R.
room three - (whispering): Hey.
Doc.
and the keypad won't work.
Go.
DANNY: Dr.
Lewis.
Dr.
Lewis to the ER.
Dr.
Lewis, you're needed in the ER.
Clear? Ampicillin.
CABLE: Atticus's quarterly software update caused an error in one of the arm's calibrations.
It wasn't much.
Less than 100 nanometers off of what Robeson commanded.
But impossible for the human eye to detect.
It was already a bloody surgery, making it difficult to see clearly.
But when Robeson commanded Atticus to cut into one of the hard-to-reach fibroids, it nicked one of Erica's blood vessels.
Terry didn't make a mistake.
Atticus did.
BULL: And they knew it, so they patched the software and bribed Dionysus so they could buy the "not liable" verdict.
Didn't want to damage the doctor's good name.
It's their best marketing tool.
This evidence was obtained illegally.
We're gonna have to subpoena Atticus for their records.
If they're dirty enough to bribe a juror, they'll definitely cover up the patch.
Oh, yeah.
They'll try.
But if Liberty calls Dr.
Greyridge to the stand and he's the lead engineer for Atticus, then he'll assume he's there to defend Robeson.
Then we make him meet his own creation.
The Atticus Surgical System took 12 years and more than $100 million to develop.
LIBERTY: And since then, how many surgical errors have been reported? Zero.
None whatsoever.
That is impressive.
Would you be willing to put that to the test? GREYRIDGE: There's a demo mode, if you'd like LIBERTY: What about something more hands-on? Specifically, your hand on this table.
We would like to play a version of the knife game.
Only in place of the knife (mechanical whirring) WATTS: Objection.
Your Honor, we respect the court's decision to use the machine, but this is turning into a sideshow, a dangerous one.
I'm inclined to agree.
Counselor, where are we going with this? Nobody is going to get hurt.
We have calibrated the machine to this grid.
The jury deserves to see it in action.
ABERNATHY: Dr.
Greyridge? Of course.
I trust Atticus.
LIBERTY: Oh, one more thing.
In order for this to be accurate, we need to use the same version of the software that was used for Erica's surgery.
So we've had the technician roll it back.
Everybody ready? (mechanical whirring) LIBERTY: When I give the word, we will demonstrate for the jury the 100% accuracy of the Atticus Surgical System, calibrated with the same version of the software used on the day of Erica's surgery.
And Wait! Dr.
Greyridge, what's wrong? I-I don't understand.
Are you saying that even in the hands of a skilled technician, atticus could miss? He could cut the wrong thing? I I don't know.
LIBERTY: How do you not know? Was there a change in the software recently? A patch just 18 hours after Erica's surgery? I don't have to answer that.
All right, one against and four on the fence.
Zeus works with high-tech investing algorithms, so exposing the flaws in Atticus's software was enough to convince him.
But I'm at a loss how to win over the others.
I mean, the machine malfunctioned.
How could they not be swayed by that? Because this was never about the machine.
Or the surgery.
It's about what happened after.
Robeson never violated any physical standard of care.
But when he wasn't really there for Erica, he violated an emotional one.
They need to emotionally connect with him, or he's done.
And Aphrodite is the most influential juror.
So we're gonna turn her.
Here's everything we have on her.
Happily married, multiple awards in her field Weekly advice column: "Gladys Gets Intimate.
" BENNY: Mm.
Here's her latest post.
"Who is the Sexiest Man Alive? The One Who Knows He Can't Fix Everything.
" Do men really try to fix every Yes.
You do.
BULL: Aphrodite needs to hear a man say he can't fix everything, so we're putting Robeson on the stand.
Wh? You kidding me? He'll never admit to something he can't do.
It's true.
You said it yourself, Bull.
When it comes to surgery, Terry thinks he's infallible.
Nobody could make him say otherwise.
Oh, I know someone who could.
Me? (laughs) You went toe-to-toe with him and you struck a nerve.
And now, Benny, now I want you to go for his jugular.
(elevator bell chimes) Sorry.
Uh, Terry.
What? So I'm testifying after all? Do you remember when you invited me to an operating theatre to watch a man get a high-tech pacemaker surgically installed? Yeah.
You threw up.
Twice.
It wasn't until you kissed me on the walk home that I realized that was our first date.
I'm just glad I brought breath mints.
What does this have to do with me taking the stand? Listen.
That was the worst idea for a first date ever.
You knew you screwed the whole thing up.
The man who, on our second date, asked me to come with him to change his car tires, and wore corduroy shorts and a stained NASA jersey that said, "Failure Is Not An Option.
" (chuckles) Well, that was the day I fell for you.
You were just so easy to spend time with.
You made me laugh.
Likewise, believe me.
That jury has only seen Dr.
Robeson, the surgeon.
They need to see Terry the endearing.
That's the man I fell for.
That's the man they need to see.
Would you say you followed all reasonable protocols and standards? No.
I exceeded them.
But expert witnesses said that your actions fell below a reasonable standard of care.
They were wrong.
I I believe you.
But I don't think that they do.
Why do you think that is? (scoffs) You'd have to ask them.
I can't.
I'm asking you.
You cut up an innocent woman.
ROBESON: I didn't cut her up.
I performed an operation An operation she didn't ask for.
Now she can't have kids.
She couldn't have children before the surgery because of the fibroids.
So that gives you permission to mangle a young woman's body? I didn't man I saved her life.
Then why don't they believe you? ROBESON: Well, I can't force them - to believe me.
- So, so let me get this straight.
You're asking them to somehow get inside your head during the operation? I don't want them inside my head.
Wh-wh-why? Because you're such a private man? Because you're so brilliant they won't understand? No, because it's overwhelming! Do you want to know what's going on inside my head in the O.
R.
that day? Blood pressure 100/65, normal but dropping.
Watch for 70 over 45.
Heart rhythm irregular Common under anesthesia.
Incising first fibroid, tissue firmer than expected.
Adjust angle, oxygen, a bit too high, may need pulse oximeter to verify.
And that's just the first ten seconds.
That all sounds very technical.
Well, there are a dozen more decisions to be made every second after that.
Decisions that call on every ounce of my education, my expertise, my judgment.
Decisions that threaten life, alter life, save life.
Decisions that none of you are qualified to make, none of you want to make.
(murmuring in courtroom) You make a lot of friends at Harvard? I went to Harvard because I wanted to be a great surgeon, and I am.
I just can't do anything else.
This flood of information makes me excellent at what I do.
I see flaws, I diagnose them.
I attack them and I fix them.
In the O.
R.
, I know exactly what to do, whom to have on my team, when and where to cut and sew.
But outside that information fails me.
I don't know how to be around people.
How to prep a patient, to console her through a devastating loss What to say to the woman I loved.
to make her stay.
Isn't it enough that I was born to do one thing well? If you're carried into that hospital, clinging to life you may want a doctor who's kind.
Who knows just what to say to put your heart at ease.
You may want a friend.
But given that choice, how many of us would want a kind, sympathetic friend over Dr.
Robeson? He saved Erica's life.
And if, God forbid, you need it, he will save yours.
He just won't know how to talk to you after he does.
Excuse me, Erica.
You're with the defense.
I'm not supposed to talk to you.
Well, the jury's deliberating.
It's out of our hands now.
This thing with Atticus isn't.
Was there really a software glitch? I believe there was.
And if you want to go after them, I'll help you prove it.
Excuse me.
I'm really sorry for what happened.
And-and I know it's not my place, or any consolation but I was adopted.
Not a day goes by that I don't thank my parents for giving me a home.
There are a lot of ways to make a family.
BAILIFF: All rise.
ABERNATHY: Ladies and gentlemen of the jury, have you reached a verdict? We have.
We the jury find the defendant, Terrence Robeson, not liable.
- (quiet gasps) - ABERNATHY: Ladies and gentlemen, the court thanks you for your service.
Court is adjourned.
(gavel pounds) BULL: Well done, Liberty.
Oh, Dr.
Bull, thank you.
(indistinct conversation, laughter) Thank you.
So what he said on the stand I never knew.
Well, he wanted to tell you.
The god is human after all.
Love him or hate him, he has confidence enough to follow his own compass.
And he doesn't let himself get pushed around.
Neither do you.
Thanks.
You know, I realize the reasons that he and I didn't work are the reasons that you and I do.
I can spend my days with a brilliant, difficult man.
I just can't date him.
(chuckles) Well, you're better off.
(laughing): So are you Dr.
Bull.
To platonic love.