The Good Doctor (2017) s06e16 Episode Script
The Good Lawyer
She's smart, she's tough,
so fight for you,
I've been impressed with her every time.
How many times have you been sued?
Twice, just twice.
But when you run a hospital,
it's good to know a good lawyer.
Aaron!
Janet, hi.
Oh, my gosh. Did it happen?
Did you play Pebble Beach?
I did, and it was the worst
mistake of my life.
Hello.
I am Dr. Shaun Murphy
of San Jose St. Bonaventure Hospital.
- Your client.
- Yes.
Aaron has told me a lot about you.
Congratulations on all you
Is this billable time?
It is.
But it will be paid for
by your insurance company.
And I have good news.
$300,000 that will be paid
by your malpractice insurance.
All you have to do
is sign some documents
and agree to
a six-month supervisory period.
You can still practice medicine.
It just means another doctor
would have to sign off
on all your decisions.
Excuse me.
That is not good news.
Can it be anyone?
Anyone qualified.
So Park, M-Morgan.
It could be anyone you trust.
Could be me.
I have worked very hard
to be an attending
to prove that I don't need
anyone's approval
to do what I think should be done.
Which is often different
from what Dr. Park, or Morgan,
or you think should be done.
Also it is very humiliating.
- What if he says no?
- We go to trial.
And if he loses at trial?
The money will still be paid
by the insurance company.
But the bigger issue is that a report,
and the court's decision,
will be sent to
the California Medical Board,
and they will make
a decision about whether
you have a future as a doctor.
I'll settle.
I need to go to the bathroom.
Excuse me, excuse me, excuse me.
You're Dr. Shaun Murphy,
- Miss Stewart's 10:00 a.m.?
- Yes, hello.
My name is Joni DeGroot.
Um I'm curious about cancer patients
whose exposure came from formaldehyde
in pressed wood office furniture.
Have you had a case like that?
No. Nor have I read about that.
If you have a case where
that is alleged,
- I would not be a good consultant.
- It's not for a case.
It's
Thank you. Thank you,
thank you, Dr. Murphy.
Tell Miss Stewart to review my update
on Carter v. Willis
before finalizing your NDA.
The Idaho District Court made
the stare decisis vulnerable.
Are you working on my case?
You should not be in here.
This is my office.
No one is supposed
to come into my office.
Okay.
I'm not officially on your case.
But I read the file.
It was amazing how you created
arterial clamps
out of pieces of an aluminum can.
Yes. Why is everything
covered in plastic?
They're getting ready to paint.
Oh, I thought it was because
of your obsessive-compulsive disorder.
I used to have a closet for an office.
Did you choose this
instead of sharing an office?
- It's not a closet. It's an office.
- It is very small.
Even smaller than my closet.
This is all I need.
I don't meet with clients.
And it's very private,
so I'm not disturbed
while I'm doing my research
Or your rituals.
Nice to meet you, Joni DeGroot.
You're settling your case?
Yes.
Miss Stewart and Dr. Glassman
say it is for the best.
Your settlement includes
a supervisory period?
Mm yes. Six months.
Hmm.
It doesn't seem right. Does it?
That That you should be punished
for saving a man's life?
You've overcome a lot.
To have that kind of mark
on your record
seems very humiliating.
- I see you're still in the big office.
- Ah.
The partner uprising wasn't
as bad as you feared, huh?
It's an ongoing battle.
Joni, I'm with a client.
No, she is.
Joni is my lawyer now.
She will be representing me at trial.
I have a new lawyer.
I have a new client.
How did you get the partners
to change their minds?
The client insisted that I represent him
instead of Janet Stewart.
What?
You stole your boss's client?
And what does Glassman think about this?
He said it was my decision.
Did he say that in a neutral
way or an angry way?
Angry.
He is worried about
Joni's lack of experience.
But she's smart, and because of her OCD,
she is very thorough
and understands my situation.
OCD.
You mean she's really
neat and organized?
No, that is not OCD.
She has repetitive intrusive thoughts
that cause excessive anxiety
which she manages with ritual behavior.
And when you say lack of experience?
This will be her first trial.
I get to go to court.
I get to be a real lawyer.
Which is great, very exciting,
but it's also court.
All those people the judge,
the jury, the other lawyers,
and everyone looking at you
watching while you do that.
I'm practicing exposure
to contaminants and noises.
I can adapt. I can hide it.
But that's the upside
of your current setup.
You don't have to hide it.
Because they're hiding me.
Mm.
Pockets.
Your outfits for court
will need pockets.
When you need to tap,
put your hand in there,
no one will know.
Just don't be late.
You're late.
I thought you had this worked out.
I know, I know, I know. Sorry.
The The bus stalled right
in the middle of Hastings.
Do you want me to call the VTA
and check if that's true?
No.
Sorry. It won't happen again.
The night of the accident,
you were coming from where?
I was giving Shaun a lift home.
We had grabbed dinner
together after work.
Did either of you
have alcohol with dinner?
I, uh had a beer,
and, um, Shaun didn't.
Joni, your tapping
is distracting Dr. Park.
I'm okay.
Tap three times
or bad things will happen.
Your shift that day, how long was it?
Did you or Dr. Murphy
have any difficult surgeries?
Uh, nothing unusual.
I had an appendectomy,
22-year-old patient, no issues.
Tap three times
or bad things will happen.
Shaun performed a bowel resection.
Tap three times
or bad things will happen.
Tap three times
or bad things will happen.
Joni
Tap three times
or bad things will happen.
Joni.
I'm sure you have
more questions for Dr. Park.
You and Dr. Murphy left the
restaurant around what time?
Uh, a little after 10:30 p.m.
We were on Hellyer,
coming through the wooded
section of the park
and between the rain and the turns,
I was driving pretty slowly.
Good thing
there was a car in the road.
I'm a doctor. My name is Alex Park.
- I need to examine
- Where is Bob?
I need you to hold still.
Scalp laceration.
Was there anyone else in the car?
Yes. My brother, Bob.
He was driving.
Hello?
He was thrown out.
Bob?
Bob!
I found Bob!
He is bleeding from his radial artery.
We need to move him!
I can't leave her!
Okay, Bob.
That's wrong.
What?
You didn't bring him that way.
Oh. Yes, I did.
No, you didn't.
Yes, he did.
No, he didn't. You couldn't have.
There was a log there.
Most people's brains prioritize details,
weed out what seems unimportant.
My brain doesn't.
Why does it matter what route
Shaun took out of the woods?
- The case is ab
- It matters
because if that way was blocked,
I must have taken him this way.
I would've had to angle
the spinal board,
which could've caused
neurological injury,
which could mean my neuro exam was off,
which could mean
I didn't need to amputate his hand.
This seems like a good time for a break.
Tell me about your decision
to amputate the plaintiff's hand.
His breathing became labored,
and his pulse was thready.
He had no capillary refill.
His hand was irreversibly
damaged from lack of blood flow.
It was leaking toxins
that would stop his heart
before he reached the hospital.
I need to amputate his hand.
The ambulance is two minutes away.
But ambulances
do not carry amputation kits.
There is no time.
Once I removed the hand
we traveled safely to the hospital.
That's not quite how I remember it.
The ambulance is two minutes away!
I need to amputate his hand.
There's no time.
Shaun! It could be a vasospasm!
The ambulance is here!
They'll have a calcium channel blocker
that might restore the blood flow!
Shaun, are you sure?
Interesting.
This is a disaster.
He has to settle.
You have to talk him
into accepting the settlement.
No, it doesn't change
the underlying merits
It changes the testimony.
It changes our testimony.
One of our witnesses is going to
testify that our client screwed up.
His view of the accident is
almost exactly what their expert
What are you doing?
I'll talk to Dr. Park and counsel him
No. I mean to my books.
I straightened one. Or two.
Listen to me.
Taking this case
to trial, with that client
and you as counsel, is a terrible idea.
Fix this or bad things will happen.
You cannot win a case if
the jury doesn't like you
if you make them uncomfortable.
- Fix this or bad things will happen.
- Cases are stories.
Fix this or bad things will happen.
And we write it all. Except the ending.
Fix this or bad things will happen.
Fix this or bad things will happen.
You can't control yourself in my office.
How are you gonna
control yourself in court?
Texas v. Marquez.
What?
425 Federal Digest, page 734.
Um, you're gonna have
to give me a little more
Owen Marquez was caught entering his
high school
carrying a Swiss army knife.
He was charged with being on
school property with a weapon.
But they'd set up the metal detectors
outside the front door.
The case was dismissed.
Interesting.
But different state, different court,
- different law.
- Same principle.
I don't think I can convince
a judge that that is
Let me try.
Oh, I have to go.
Stop. Stop. Stop.
I'm about to test the lactate
levels in Bob's hand.
This will prove definitively
if I was right to amputate.
No. This will tell you nothing.
Medically, it will.
Legally, morally,
this'll tell you nothing.
This test will tell me the truth.
Was that a laugh?
It was a scoff.
Why would you scoff at the truth?
What truth?
There's only one.
There's a single correct answer
to any question.
But there are a lot of questions.
You're asking, "What was
the right thing to do then,
given what you know now?"
Which is a stupid question.
I don't like to use the word "stupid."
"Desperate" then. For an answer.
But whatever that test says,
we have to share it with the other side.
If it goes the way you want,
we will definitely win your case.
If it goes the other way,
we will definitely lose your case.
But neither result will tell
you if you did the right thing,
given what you knew at the time.
So the real question here is
Do you believe in that test
more than you believe in me?
Why?
Why am I doing
what you just asked me to do?
Why do you have
so much confidence in me?
I'm a lawyer with OCD.
I work out of a closet.
I was late to the only meeting
you had with me.
Why do you trust me more than the test?
Because the test doesn't care.
That's a good answer.
Hm.
We're gonna have a motion to
dismiss tomorrow at 10:00 a.m.
Don't be late.
One, two, three.
One, two
We'll be okay.
Only if I do this right.
Now I have to start over.
One, two, three. One, two, three.
Mom will be okay.
One, two, three.
One, two, three.
Joni DeGroot for the defense,
Your Honor.
Yes, I can see your name
right here on top of your brief.
Excellent. May I say
what a privilege it is
No. No, you may not.
You are just here to argue this motion,
which is a novel argument.
Thank you, Your Honor.
It wasn't completely a compliment.
Dr. Murphy cannot be held liable
for professional misconduct
because Dr. Murphy
was not acting
in a professional capacity.
He was a Good Samaritan.
And you're taking the position
that The Good Samaritan
exception stayed in effect
even after the ambulance arrived?
Yes, because he didn't do
the amputation in the ambulance.
He was outside the ambulance.
He chose not to do the
amputation in the ambulance.
To save your client's life.
He had no time.
The ambulance was right there.
Right there? What does that mean?
Would it have been "right
there" if he was 10 feet away?
100 feet? Or a half a mile?
All interesting
questions for another case.
He was five feet away.
Outside is outside.
The statute specifies
protection if the care happens
at the scene of an emergency.
Counsel is using a technical
distinction that
Counsel is using the law.
Statutory interpretation rules
require, Your Honor,
to "give effect, if possible,
to every clause
and word of a statute,
avoiding, if it may be,
any construction which implies
that the legislature"
Two more squeaks.
Two more squeaks.
Two more squeaks. Two more squeaks.
You just stopped?
I lost my train of thought.
You said you didn't think
you could win this motion
I would've finished it.
I
I heard a squeak.
I needed two more squeaks
to complete the set.
They pulled the settlement offer.
And the partners met.
You're off the case.
- They told you
- Mm. The vote was unanimous.
You are a good researcher.
You are a database that thinks.
But you need to accept that you are not,
and you are never going to be,
a good lawyer.
No, no, no.
Joni is my lawyer.
It is my case, my choice.
And your career that's riding on this.
Joni's deficits are more significant
than you think they are.
Everybody said that about me.
Everybody was wr
Do you know why her office is a closet?
Joni has had issues
since she started here.
She was late a lot.
Her first assignment,
her first motion, she missed it.
She must have had a good reason.
She saw someone drowning.
Oh.
She was on her way to court,
driving by the bay,
and she saw something.
She stopped, called the police.
They shut down the road,
searched the water.
Joni knew she saw
a log, a wave nothing.
But her mind wouldn't let her
accept that it was nothing.
We found out this had happened
twice before.
Why didn't you fire her?
Because she threatened to sue us,
arguing that firing her
would be a violation
of the American's With Disabilities Act.
- Was it?
- I'm not sure. I don't think so.
But this brief that she wrote
most impressive thing I've ever read.
So she doesn't need an office,
because she doesn't need to meet
with clients because she does
research.
Just research.
She cannot be your trial attorney.
- I hate her.
- I don't.
She stuffed you in a closet.
Set you up to fail.
You know she's done more.
She hired me. She saved
She sent you to court on your own.
What was she expecting?
She expected me to do the job. So did I.
She could've been there
It was my idea, my argument, my case
my failure.
Why do you want to be a lawyer?
Why did you threaten to sue?
Why do you want to be there?
They're a very good firm
i-interesting files, important cases,
and it's not like I have huge options
No. I meant
why do you want to be a lawyer?
A lawyer saved our family.
Our father died in a car
accident when I was 8.
That's when my OCD started.
I was very worried
that my mother would die, too.
So you developed rituals
meant to prevent it?
Mm.
And she didn't die.
But she did drink.
Bad things happened.
A lot of people
made a lot of mistakes
our mother, some overworked
social workers,
some foster parents, a judge.
But one person
made it all right again
a lawyer.
Joni
I still want you as my lawyer.
Dr. Murphy, I made a huge mistake.
Because
I have a problem.
We all have problems.
I'll talk to Janet.
Dr. Murphy wants you as first chair.
So you're first chair.
- I'm first chair?
- You are not first chair.
I'm not first chair.
You are a figurehead.
You will sit in your first chair
and you will not say a word.
You will not stand up.
You will not object.
If you have to tap,
you will tap quietly
on your leg.
Now wish me luck.
Good luck.
In your expert opinion, when Dr. Murphy
concluded that my client's hand
was irreversibly damaged
and needed to be amputated
He was wrong.
The lack of blood flow was caused
by a temporary condition
known as vasospasm,
which can occur after a trauma
such as a car accident.
Vessels temporarily clamp down,
cutting off the flow of blood.
In this case, Mr. Patton's
ulnar artery spasmed.
And this condition is treatable?
Yes with an injection
of calcium channel blocker,
which was available
in the ambulance that night.
Hm.
Thank you.
Your witness.
Any last minute ideas?
Anything we can challenge him
on medically?
It wasn't vasospasm.
Anything we could prove?
No.
Dr. Rutenberg, are you being paid
by the Plaintiff's attorney
for your testimony today?
I am.
Then you can hardly
consider yourself unbiased, can you?
It's routine for experts to be paid.
You're being paid.
And I admit, I am biased
Excuse me, excuse me, excuse me.
Traumatic vasospasm doesn't
occur in isolated vessels,
but rather the entire
affected limb, right?
Yes, of course.
Can you visually identify
a damaged or occluded vessel
versus one in vasospasm?
Yes.
So
this one?
Occluded.
Vasospasm.
Vasospasm.
Occluded.
Not vasospasm?
- No.
- Objection, Your Honor.
Is this testimony or the MCAT?
Goes to the witness' expertise.
Oh, he's definitely an expert.
That last photo,
which did not show vasospasm,
that was a pathology image
of Mr. Patton's radial artery.
And if his radial artery
didn't vasospasm,
then according to your expert testimony,
his ulnar artery didn't either.
Is that correct?
It's possible.
But we'd only know for sure
if Dr. Murphy
had given the calcium channel blocker.
- I'm sorry.
- You're not great at taking direction,
are you?
- No, I shouldn't
- And you only still have a job
- because you threatened to sue us.
- I'm sorry!
I'm not wanted in a lot of places.
I make people feel uncomfortable.
If I let that stop me,
I wouldn't be anywhere.
At my first job,
I was the only female associate.
Tomorrow
you're first chair.
Actual first chair.
Good luck.
Nice work. This is good stuff.
- Thank you.
- The carpal tunnel research
is really interesting.
A pre-existing condition
mitigates our client's respon
I'm not gonna use that.
It could help reduce damages.
If damages are even $1,
it means Dr. Murphy was negligent,
which means his medical license
would be at risk.
We need total victory.
Okay. So what's your theory on this?
How are you going to approach
this witness?
I'm going to establish that he's a dick.
I can't do my job.
I can't even hold my niece.
Thank you.
No more questions, Your Honor.
Dr. Murphy saved your life.
Is that a question?
Not really. Seems pretty obvious.
- I meant
- I know what you meant. I'll rephrase.
What kind of person sues
a person who saved their life?
Do you sue people who buy you
Christmas presents
you don't want, or only the weird ones
you figure the jury won't like?
Objection compound and argumentative.
Sustained.
I'm the victim here.
You were driving, right?
- Yes.
- Over the speed limit?
I'm not sure.
According to police analysis
of your skid marks
Yes. A little.
you were going
at least 70 in 40 zone.
- You were ejected out the car window?
- Yes.
So you weren't wearing a seat belt?
- I'm not sure.
- It was fastened behind you.
Yes.
So all things considered,
maybe a better adjective
than "victim" would be "lucky".
Withdrawn.
Do you feel any guilt over any of this?
You're asking me if I feel guilty
about wanting to be
compensated for losing
No. I am asking you if you feel guilty
about driving recklessly,
flipping your car,
and almost killing your sister
the mother of your niece?
Yeah, a little.
Is she suing you f
Two more squeaks.
Two more squeaks.
Two more squeaks. Two more squeaks.
Counsel, do we have a problem?
Again?
Uh, one moment.
Don't win cheap.
You're better than this
I am fighting for my client.
If she can't handle a little adversity,
then she shouldn't be here.
Don't let that dick
prove people like me right.
Hey, hey, hey.
Miss Stewart,
I will hold you in contempt.
If Dr. Murphy had been a not nice person
and just driven on, you'd be dead.
And his career wouldn't
hang in the balance.
Uh, objection.
- Calls for speculation.
- Not a lot.
The objection is sustained.
Miss Stewart,
I am finding you in contempt.
That stunt just cost you $5,000.
You're lucky it's not assault.
Now, Miss DeGroot
you may continue.
- Thank you, Your Honor.
- Thank you, Your Honor.
Mr. Patton, the night of the accident
- Hey.
- I'm so sorry.
- I know that it happened again
- Shut up.
You're doing fantastic.
But you still have Murphy's testimony.
We need the jury to like him.
They need to think he did nothing wrong.
Have you given thought to how
you're gonna do that?
Yes. I have.
Did you do anything wrong
at the scene of the accident?
Objection. Leading.
Yes.
Withdrawn.
I did four things wrong.
I applied the tourniquet
at the brachial artery
instead of mid-forearm.
I laid out the clamps after
the makeshift vascular clips.
I only did two wipe downs
of the surgical field,
and I angled the spinal board
as I moved Mr. Patton
out of the woods
because a log was in the way.
Were any of those mistakes relevant?
They were to me.
But I don't believe they
affected the patient's outcome.
Given where you sit today, right now,
do you think one of the things that you
and Dr. Park did wrong
was stopping?
No. Then Mr. Patton would be dead.
And the amputation,
was that the right thing to do?
I don't know.
But I know that if I had
to do it all over again
I would stop,
I would help,
and I would amputate.
Dr. Murphy, you're different.
Tell me about yourself.
Objection. Vague and irrelevant.
Your challenges,
the obstacles you've overcome
Marginally less vague,
still completely irrelevant.
And yet, I will allow.
I have autism spectrum disorder.
I have always had
autism spectrum disorder.
I have also always wanted
to be a doctor.
Many people thought that
couldn't happen, but I saved
Hi.
I think I'm better at asking
questions than giving speeches.
Closings are tricky.
It helps to actually say the words,
not just mutter them.
Can I say them now?
You want my feedback?
If I don't like it, I'm going to tell
you, bluntly.
You know that, right?
'Cause you've been so tactful
with me up till now?
My mentor told me that
criminal law is about justice,
whereas civil law is about
one thing and one thing only
money.
You can't undo what's been done.
The best you can do
is compensate, financially.
But that's wrong.
Everything we do in this room
is about justice.
We can't change what's happened,
but maybe, just maybe,
we can change what will happen.
We can encourage people to care,
to care about strangers, to care
That's not your closing.
- It's a good closing.
- It's a very good closing.
It was your closing. A long time ago.
My mentor said that to me.
I developed it into an effective clos
Did you believe it?
About justice?
That we can change the future?
I did.
But not anymore?
Maybe if my mentor gave me advice,
I could turn it into
something effective.
You consider me a mentor?
You did inspire me.
I will give you one piece of advice.
You're not me.
Not once in this trial have you done
what I would've done.
Or what I wanted you to do.
So far, it's worked.
I see no reason to change now.
My mentor told me
My mentor told me
My mentor told me
that people don't like me.
That I make them uncomfortable.
She's right.
And people don't like my client either.
We're different.
But we're all different.
You You've worn purple
every day of this trial.
I assume because you love it.
And 'cause you want it
to be your "thing."
You've got those mutton chops.
They're great. They're fun.
They make you you.
But when we start to get
judged based on our differences,
it's not fun anymore.
And fair enough, this is a courtroom.
You are literally here
to judge my client.
But please don't judge him
based on the way that he talks,
or on how he doesn't look at you,
or on his awkward mannerisms.
Judge him
on who he is.
At every moment of his life,
he has tried to make a difference,
tried to make things a little better.
Please don't punish him for that.
Please
do what the plaintiff should've done.
Say thank you.
You are a good lawyer.
Thank you.
The jury's back.
I won, Mom.
She was brilliant.
I think you need to seriously
consider picking a new favorite child.
We gotta go, Mom.
People are buying Joni lots of drinks.
We love you.
I never doubted you.
Yeah, you did.
Because you love me.
Shaun!
Oh, Joni. Tequila, stat!
We did good, huh?
We did very well.
We need to celebrate.
We are celebrating.
This is definitely not what you
want to be doing right now.
- Don't you want to see this?
- Nope. Not my thing.
so fight for you,
I've been impressed with her every time.
How many times have you been sued?
Twice, just twice.
But when you run a hospital,
it's good to know a good lawyer.
Aaron!
Janet, hi.
Oh, my gosh. Did it happen?
Did you play Pebble Beach?
I did, and it was the worst
mistake of my life.
Hello.
I am Dr. Shaun Murphy
of San Jose St. Bonaventure Hospital.
- Your client.
- Yes.
Aaron has told me a lot about you.
Congratulations on all you
Is this billable time?
It is.
But it will be paid for
by your insurance company.
And I have good news.
$300,000 that will be paid
by your malpractice insurance.
All you have to do
is sign some documents
and agree to
a six-month supervisory period.
You can still practice medicine.
It just means another doctor
would have to sign off
on all your decisions.
Excuse me.
That is not good news.
Can it be anyone?
Anyone qualified.
So Park, M-Morgan.
It could be anyone you trust.
Could be me.
I have worked very hard
to be an attending
to prove that I don't need
anyone's approval
to do what I think should be done.
Which is often different
from what Dr. Park, or Morgan,
or you think should be done.
Also it is very humiliating.
- What if he says no?
- We go to trial.
And if he loses at trial?
The money will still be paid
by the insurance company.
But the bigger issue is that a report,
and the court's decision,
will be sent to
the California Medical Board,
and they will make
a decision about whether
you have a future as a doctor.
I'll settle.
I need to go to the bathroom.
Excuse me, excuse me, excuse me.
You're Dr. Shaun Murphy,
- Miss Stewart's 10:00 a.m.?
- Yes, hello.
My name is Joni DeGroot.
Um I'm curious about cancer patients
whose exposure came from formaldehyde
in pressed wood office furniture.
Have you had a case like that?
No. Nor have I read about that.
If you have a case where
that is alleged,
- I would not be a good consultant.
- It's not for a case.
It's
Thank you. Thank you,
thank you, Dr. Murphy.
Tell Miss Stewart to review my update
on Carter v. Willis
before finalizing your NDA.
The Idaho District Court made
the stare decisis vulnerable.
Are you working on my case?
You should not be in here.
This is my office.
No one is supposed
to come into my office.
Okay.
I'm not officially on your case.
But I read the file.
It was amazing how you created
arterial clamps
out of pieces of an aluminum can.
Yes. Why is everything
covered in plastic?
They're getting ready to paint.
Oh, I thought it was because
of your obsessive-compulsive disorder.
I used to have a closet for an office.
Did you choose this
instead of sharing an office?
- It's not a closet. It's an office.
- It is very small.
Even smaller than my closet.
This is all I need.
I don't meet with clients.
And it's very private,
so I'm not disturbed
while I'm doing my research
Or your rituals.
Nice to meet you, Joni DeGroot.
You're settling your case?
Yes.
Miss Stewart and Dr. Glassman
say it is for the best.
Your settlement includes
a supervisory period?
Mm yes. Six months.
Hmm.
It doesn't seem right. Does it?
That That you should be punished
for saving a man's life?
You've overcome a lot.
To have that kind of mark
on your record
seems very humiliating.
- I see you're still in the big office.
- Ah.
The partner uprising wasn't
as bad as you feared, huh?
It's an ongoing battle.
Joni, I'm with a client.
No, she is.
Joni is my lawyer now.
She will be representing me at trial.
I have a new lawyer.
I have a new client.
How did you get the partners
to change their minds?
The client insisted that I represent him
instead of Janet Stewart.
What?
You stole your boss's client?
And what does Glassman think about this?
He said it was my decision.
Did he say that in a neutral
way or an angry way?
Angry.
He is worried about
Joni's lack of experience.
But she's smart, and because of her OCD,
she is very thorough
and understands my situation.
OCD.
You mean she's really
neat and organized?
No, that is not OCD.
She has repetitive intrusive thoughts
that cause excessive anxiety
which she manages with ritual behavior.
And when you say lack of experience?
This will be her first trial.
I get to go to court.
I get to be a real lawyer.
Which is great, very exciting,
but it's also court.
All those people the judge,
the jury, the other lawyers,
and everyone looking at you
watching while you do that.
I'm practicing exposure
to contaminants and noises.
I can adapt. I can hide it.
But that's the upside
of your current setup.
You don't have to hide it.
Because they're hiding me.
Mm.
Pockets.
Your outfits for court
will need pockets.
When you need to tap,
put your hand in there,
no one will know.
Just don't be late.
You're late.
I thought you had this worked out.
I know, I know, I know. Sorry.
The The bus stalled right
in the middle of Hastings.
Do you want me to call the VTA
and check if that's true?
No.
Sorry. It won't happen again.
The night of the accident,
you were coming from where?
I was giving Shaun a lift home.
We had grabbed dinner
together after work.
Did either of you
have alcohol with dinner?
I, uh had a beer,
and, um, Shaun didn't.
Joni, your tapping
is distracting Dr. Park.
I'm okay.
Tap three times
or bad things will happen.
Your shift that day, how long was it?
Did you or Dr. Murphy
have any difficult surgeries?
Uh, nothing unusual.
I had an appendectomy,
22-year-old patient, no issues.
Tap three times
or bad things will happen.
Shaun performed a bowel resection.
Tap three times
or bad things will happen.
Tap three times
or bad things will happen.
Joni
Tap three times
or bad things will happen.
Joni.
I'm sure you have
more questions for Dr. Park.
You and Dr. Murphy left the
restaurant around what time?
Uh, a little after 10:30 p.m.
We were on Hellyer,
coming through the wooded
section of the park
and between the rain and the turns,
I was driving pretty slowly.
Good thing
there was a car in the road.
I'm a doctor. My name is Alex Park.
- I need to examine
- Where is Bob?
I need you to hold still.
Scalp laceration.
Was there anyone else in the car?
Yes. My brother, Bob.
He was driving.
Hello?
He was thrown out.
Bob?
Bob!
I found Bob!
He is bleeding from his radial artery.
We need to move him!
I can't leave her!
Okay, Bob.
That's wrong.
What?
You didn't bring him that way.
Oh. Yes, I did.
No, you didn't.
Yes, he did.
No, he didn't. You couldn't have.
There was a log there.
Most people's brains prioritize details,
weed out what seems unimportant.
My brain doesn't.
Why does it matter what route
Shaun took out of the woods?
- The case is ab
- It matters
because if that way was blocked,
I must have taken him this way.
I would've had to angle
the spinal board,
which could've caused
neurological injury,
which could mean my neuro exam was off,
which could mean
I didn't need to amputate his hand.
This seems like a good time for a break.
Tell me about your decision
to amputate the plaintiff's hand.
His breathing became labored,
and his pulse was thready.
He had no capillary refill.
His hand was irreversibly
damaged from lack of blood flow.
It was leaking toxins
that would stop his heart
before he reached the hospital.
I need to amputate his hand.
The ambulance is two minutes away.
But ambulances
do not carry amputation kits.
There is no time.
Once I removed the hand
we traveled safely to the hospital.
That's not quite how I remember it.
The ambulance is two minutes away!
I need to amputate his hand.
There's no time.
Shaun! It could be a vasospasm!
The ambulance is here!
They'll have a calcium channel blocker
that might restore the blood flow!
Shaun, are you sure?
Interesting.
This is a disaster.
He has to settle.
You have to talk him
into accepting the settlement.
No, it doesn't change
the underlying merits
It changes the testimony.
It changes our testimony.
One of our witnesses is going to
testify that our client screwed up.
His view of the accident is
almost exactly what their expert
What are you doing?
I'll talk to Dr. Park and counsel him
No. I mean to my books.
I straightened one. Or two.
Listen to me.
Taking this case
to trial, with that client
and you as counsel, is a terrible idea.
Fix this or bad things will happen.
You cannot win a case if
the jury doesn't like you
if you make them uncomfortable.
- Fix this or bad things will happen.
- Cases are stories.
Fix this or bad things will happen.
And we write it all. Except the ending.
Fix this or bad things will happen.
Fix this or bad things will happen.
You can't control yourself in my office.
How are you gonna
control yourself in court?
Texas v. Marquez.
What?
425 Federal Digest, page 734.
Um, you're gonna have
to give me a little more
Owen Marquez was caught entering his
high school
carrying a Swiss army knife.
He was charged with being on
school property with a weapon.
But they'd set up the metal detectors
outside the front door.
The case was dismissed.
Interesting.
But different state, different court,
- different law.
- Same principle.
I don't think I can convince
a judge that that is
Let me try.
Oh, I have to go.
Stop. Stop. Stop.
I'm about to test the lactate
levels in Bob's hand.
This will prove definitively
if I was right to amputate.
No. This will tell you nothing.
Medically, it will.
Legally, morally,
this'll tell you nothing.
This test will tell me the truth.
Was that a laugh?
It was a scoff.
Why would you scoff at the truth?
What truth?
There's only one.
There's a single correct answer
to any question.
But there are a lot of questions.
You're asking, "What was
the right thing to do then,
given what you know now?"
Which is a stupid question.
I don't like to use the word "stupid."
"Desperate" then. For an answer.
But whatever that test says,
we have to share it with the other side.
If it goes the way you want,
we will definitely win your case.
If it goes the other way,
we will definitely lose your case.
But neither result will tell
you if you did the right thing,
given what you knew at the time.
So the real question here is
Do you believe in that test
more than you believe in me?
Why?
Why am I doing
what you just asked me to do?
Why do you have
so much confidence in me?
I'm a lawyer with OCD.
I work out of a closet.
I was late to the only meeting
you had with me.
Why do you trust me more than the test?
Because the test doesn't care.
That's a good answer.
Hm.
We're gonna have a motion to
dismiss tomorrow at 10:00 a.m.
Don't be late.
One, two, three.
One, two
We'll be okay.
Only if I do this right.
Now I have to start over.
One, two, three. One, two, three.
Mom will be okay.
One, two, three.
One, two, three.
Joni DeGroot for the defense,
Your Honor.
Yes, I can see your name
right here on top of your brief.
Excellent. May I say
what a privilege it is
No. No, you may not.
You are just here to argue this motion,
which is a novel argument.
Thank you, Your Honor.
It wasn't completely a compliment.
Dr. Murphy cannot be held liable
for professional misconduct
because Dr. Murphy
was not acting
in a professional capacity.
He was a Good Samaritan.
And you're taking the position
that The Good Samaritan
exception stayed in effect
even after the ambulance arrived?
Yes, because he didn't do
the amputation in the ambulance.
He was outside the ambulance.
He chose not to do the
amputation in the ambulance.
To save your client's life.
He had no time.
The ambulance was right there.
Right there? What does that mean?
Would it have been "right
there" if he was 10 feet away?
100 feet? Or a half a mile?
All interesting
questions for another case.
He was five feet away.
Outside is outside.
The statute specifies
protection if the care happens
at the scene of an emergency.
Counsel is using a technical
distinction that
Counsel is using the law.
Statutory interpretation rules
require, Your Honor,
to "give effect, if possible,
to every clause
and word of a statute,
avoiding, if it may be,
any construction which implies
that the legislature"
Two more squeaks.
Two more squeaks.
Two more squeaks. Two more squeaks.
You just stopped?
I lost my train of thought.
You said you didn't think
you could win this motion
I would've finished it.
I
I heard a squeak.
I needed two more squeaks
to complete the set.
They pulled the settlement offer.
And the partners met.
You're off the case.
- They told you
- Mm. The vote was unanimous.
You are a good researcher.
You are a database that thinks.
But you need to accept that you are not,
and you are never going to be,
a good lawyer.
No, no, no.
Joni is my lawyer.
It is my case, my choice.
And your career that's riding on this.
Joni's deficits are more significant
than you think they are.
Everybody said that about me.
Everybody was wr
Do you know why her office is a closet?
Joni has had issues
since she started here.
She was late a lot.
Her first assignment,
her first motion, she missed it.
She must have had a good reason.
She saw someone drowning.
Oh.
She was on her way to court,
driving by the bay,
and she saw something.
She stopped, called the police.
They shut down the road,
searched the water.
Joni knew she saw
a log, a wave nothing.
But her mind wouldn't let her
accept that it was nothing.
We found out this had happened
twice before.
Why didn't you fire her?
Because she threatened to sue us,
arguing that firing her
would be a violation
of the American's With Disabilities Act.
- Was it?
- I'm not sure. I don't think so.
But this brief that she wrote
most impressive thing I've ever read.
So she doesn't need an office,
because she doesn't need to meet
with clients because she does
research.
Just research.
She cannot be your trial attorney.
- I hate her.
- I don't.
She stuffed you in a closet.
Set you up to fail.
You know she's done more.
She hired me. She saved
She sent you to court on your own.
What was she expecting?
She expected me to do the job. So did I.
She could've been there
It was my idea, my argument, my case
my failure.
Why do you want to be a lawyer?
Why did you threaten to sue?
Why do you want to be there?
They're a very good firm
i-interesting files, important cases,
and it's not like I have huge options
No. I meant
why do you want to be a lawyer?
A lawyer saved our family.
Our father died in a car
accident when I was 8.
That's when my OCD started.
I was very worried
that my mother would die, too.
So you developed rituals
meant to prevent it?
Mm.
And she didn't die.
But she did drink.
Bad things happened.
A lot of people
made a lot of mistakes
our mother, some overworked
social workers,
some foster parents, a judge.
But one person
made it all right again
a lawyer.
Joni
I still want you as my lawyer.
Dr. Murphy, I made a huge mistake.
Because
I have a problem.
We all have problems.
I'll talk to Janet.
Dr. Murphy wants you as first chair.
So you're first chair.
- I'm first chair?
- You are not first chair.
I'm not first chair.
You are a figurehead.
You will sit in your first chair
and you will not say a word.
You will not stand up.
You will not object.
If you have to tap,
you will tap quietly
on your leg.
Now wish me luck.
Good luck.
In your expert opinion, when Dr. Murphy
concluded that my client's hand
was irreversibly damaged
and needed to be amputated
He was wrong.
The lack of blood flow was caused
by a temporary condition
known as vasospasm,
which can occur after a trauma
such as a car accident.
Vessels temporarily clamp down,
cutting off the flow of blood.
In this case, Mr. Patton's
ulnar artery spasmed.
And this condition is treatable?
Yes with an injection
of calcium channel blocker,
which was available
in the ambulance that night.
Hm.
Thank you.
Your witness.
Any last minute ideas?
Anything we can challenge him
on medically?
It wasn't vasospasm.
Anything we could prove?
No.
Dr. Rutenberg, are you being paid
by the Plaintiff's attorney
for your testimony today?
I am.
Then you can hardly
consider yourself unbiased, can you?
It's routine for experts to be paid.
You're being paid.
And I admit, I am biased
Excuse me, excuse me, excuse me.
Traumatic vasospasm doesn't
occur in isolated vessels,
but rather the entire
affected limb, right?
Yes, of course.
Can you visually identify
a damaged or occluded vessel
versus one in vasospasm?
Yes.
So
this one?
Occluded.
Vasospasm.
Vasospasm.
Occluded.
Not vasospasm?
- No.
- Objection, Your Honor.
Is this testimony or the MCAT?
Goes to the witness' expertise.
Oh, he's definitely an expert.
That last photo,
which did not show vasospasm,
that was a pathology image
of Mr. Patton's radial artery.
And if his radial artery
didn't vasospasm,
then according to your expert testimony,
his ulnar artery didn't either.
Is that correct?
It's possible.
But we'd only know for sure
if Dr. Murphy
had given the calcium channel blocker.
- I'm sorry.
- You're not great at taking direction,
are you?
- No, I shouldn't
- And you only still have a job
- because you threatened to sue us.
- I'm sorry!
I'm not wanted in a lot of places.
I make people feel uncomfortable.
If I let that stop me,
I wouldn't be anywhere.
At my first job,
I was the only female associate.
Tomorrow
you're first chair.
Actual first chair.
Good luck.
Nice work. This is good stuff.
- Thank you.
- The carpal tunnel research
is really interesting.
A pre-existing condition
mitigates our client's respon
I'm not gonna use that.
It could help reduce damages.
If damages are even $1,
it means Dr. Murphy was negligent,
which means his medical license
would be at risk.
We need total victory.
Okay. So what's your theory on this?
How are you going to approach
this witness?
I'm going to establish that he's a dick.
I can't do my job.
I can't even hold my niece.
Thank you.
No more questions, Your Honor.
Dr. Murphy saved your life.
Is that a question?
Not really. Seems pretty obvious.
- I meant
- I know what you meant. I'll rephrase.
What kind of person sues
a person who saved their life?
Do you sue people who buy you
Christmas presents
you don't want, or only the weird ones
you figure the jury won't like?
Objection compound and argumentative.
Sustained.
I'm the victim here.
You were driving, right?
- Yes.
- Over the speed limit?
I'm not sure.
According to police analysis
of your skid marks
Yes. A little.
you were going
at least 70 in 40 zone.
- You were ejected out the car window?
- Yes.
So you weren't wearing a seat belt?
- I'm not sure.
- It was fastened behind you.
Yes.
So all things considered,
maybe a better adjective
than "victim" would be "lucky".
Withdrawn.
Do you feel any guilt over any of this?
You're asking me if I feel guilty
about wanting to be
compensated for losing
No. I am asking you if you feel guilty
about driving recklessly,
flipping your car,
and almost killing your sister
the mother of your niece?
Yeah, a little.
Is she suing you f
Two more squeaks.
Two more squeaks.
Two more squeaks. Two more squeaks.
Counsel, do we have a problem?
Again?
Uh, one moment.
Don't win cheap.
You're better than this
I am fighting for my client.
If she can't handle a little adversity,
then she shouldn't be here.
Don't let that dick
prove people like me right.
Hey, hey, hey.
Miss Stewart,
I will hold you in contempt.
If Dr. Murphy had been a not nice person
and just driven on, you'd be dead.
And his career wouldn't
hang in the balance.
Uh, objection.
- Calls for speculation.
- Not a lot.
The objection is sustained.
Miss Stewart,
I am finding you in contempt.
That stunt just cost you $5,000.
You're lucky it's not assault.
Now, Miss DeGroot
you may continue.
- Thank you, Your Honor.
- Thank you, Your Honor.
Mr. Patton, the night of the accident
- Hey.
- I'm so sorry.
- I know that it happened again
- Shut up.
You're doing fantastic.
But you still have Murphy's testimony.
We need the jury to like him.
They need to think he did nothing wrong.
Have you given thought to how
you're gonna do that?
Yes. I have.
Did you do anything wrong
at the scene of the accident?
Objection. Leading.
Yes.
Withdrawn.
I did four things wrong.
I applied the tourniquet
at the brachial artery
instead of mid-forearm.
I laid out the clamps after
the makeshift vascular clips.
I only did two wipe downs
of the surgical field,
and I angled the spinal board
as I moved Mr. Patton
out of the woods
because a log was in the way.
Were any of those mistakes relevant?
They were to me.
But I don't believe they
affected the patient's outcome.
Given where you sit today, right now,
do you think one of the things that you
and Dr. Park did wrong
was stopping?
No. Then Mr. Patton would be dead.
And the amputation,
was that the right thing to do?
I don't know.
But I know that if I had
to do it all over again
I would stop,
I would help,
and I would amputate.
Dr. Murphy, you're different.
Tell me about yourself.
Objection. Vague and irrelevant.
Your challenges,
the obstacles you've overcome
Marginally less vague,
still completely irrelevant.
And yet, I will allow.
I have autism spectrum disorder.
I have always had
autism spectrum disorder.
I have also always wanted
to be a doctor.
Many people thought that
couldn't happen, but I saved
Hi.
I think I'm better at asking
questions than giving speeches.
Closings are tricky.
It helps to actually say the words,
not just mutter them.
Can I say them now?
You want my feedback?
If I don't like it, I'm going to tell
you, bluntly.
You know that, right?
'Cause you've been so tactful
with me up till now?
My mentor told me that
criminal law is about justice,
whereas civil law is about
one thing and one thing only
money.
You can't undo what's been done.
The best you can do
is compensate, financially.
But that's wrong.
Everything we do in this room
is about justice.
We can't change what's happened,
but maybe, just maybe,
we can change what will happen.
We can encourage people to care,
to care about strangers, to care
That's not your closing.
- It's a good closing.
- It's a very good closing.
It was your closing. A long time ago.
My mentor said that to me.
I developed it into an effective clos
Did you believe it?
About justice?
That we can change the future?
I did.
But not anymore?
Maybe if my mentor gave me advice,
I could turn it into
something effective.
You consider me a mentor?
You did inspire me.
I will give you one piece of advice.
You're not me.
Not once in this trial have you done
what I would've done.
Or what I wanted you to do.
So far, it's worked.
I see no reason to change now.
My mentor told me
My mentor told me
My mentor told me
that people don't like me.
That I make them uncomfortable.
She's right.
And people don't like my client either.
We're different.
But we're all different.
You You've worn purple
every day of this trial.
I assume because you love it.
And 'cause you want it
to be your "thing."
You've got those mutton chops.
They're great. They're fun.
They make you you.
But when we start to get
judged based on our differences,
it's not fun anymore.
And fair enough, this is a courtroom.
You are literally here
to judge my client.
But please don't judge him
based on the way that he talks,
or on how he doesn't look at you,
or on his awkward mannerisms.
Judge him
on who he is.
At every moment of his life,
he has tried to make a difference,
tried to make things a little better.
Please don't punish him for that.
Please
do what the plaintiff should've done.
Say thank you.
You are a good lawyer.
Thank you.
The jury's back.
I won, Mom.
She was brilliant.
I think you need to seriously
consider picking a new favorite child.
We gotta go, Mom.
People are buying Joni lots of drinks.
We love you.
I never doubted you.
Yeah, you did.
Because you love me.
Shaun!
Oh, Joni. Tequila, stat!
We did good, huh?
We did very well.
We need to celebrate.
We are celebrating.
This is definitely not what you
want to be doing right now.
- Don't you want to see this?
- Nope. Not my thing.