1 00:00:11,446 --> 00:00:12,925 NEWSMAN [over radio]: And at least eight dead 2 00:00:12,969 --> 00:00:14,492 at the We Are All from Somewhere Else... 3 00:00:14,536 --> 00:00:16,146 Can we go any faster?I'm doing my best, ma'am. 4 00:00:16,190 --> 00:00:19,280 ...after a gunman opened fire with an automatic weapon. 5 00:00:19,323 --> 00:00:22,152 In addition to the dead, we're receiving reports 6 00:00:22,196 --> 00:00:24,502 of as many as 200 people injured. 7 00:00:24,546 --> 00:00:26,069 Okay, hang on a second! Hang on. 8 00:00:26,113 --> 00:00:29,116 Rapid track! Trauma Bay Four! 9 00:00:29,159 --> 00:00:33,076 Walking wounded needs to be escorted to Station One! 10 00:00:33,120 --> 00:00:34,425 Dr. Kinsey! 11 00:00:34,469 --> 00:00:35,774 I got here as fast as I could. 12 00:00:35,818 --> 00:00:38,125 Dr. Park could really use you in Bay One. 13 00:00:38,168 --> 00:00:40,301 PARK: Kinsey, you made it! 14 00:00:40,344 --> 00:00:41,650 I'm taking this one up to the OR. 15 00:00:41,693 --> 00:00:42,607 I need you to jump on 16 00:00:42,651 --> 00:00:43,956 this fellow behind me. 17 00:00:44,000 --> 00:00:45,828 What do we have?Ryan Watkins. 18 00:00:45,871 --> 00:00:49,049 Male, lower abdominal gunshot wound. 19 00:00:49,092 --> 00:00:50,311 Next OR should open in ten minutes. 20 00:00:50,354 --> 00:00:51,834 Get started on him as soon as you can. 21 00:00:51,877 --> 00:00:52,878 Will do. 22 00:00:55,707 --> 00:00:58,145 Oh, man, not a lot left to put back together. 23 00:00:58,188 --> 00:00:59,320 Like a river. 24 00:00:59,363 --> 00:01:00,756 How is his pulse? 25 00:01:00,799 --> 00:01:02,845 Last I checked, thready. Barely there. 26 00:01:02,888 --> 00:01:05,456 [woman gasping]Dr. Kinsey? We're losing this patient. 27 00:01:06,501 --> 00:01:07,937 Her oxygen is in the toilet. 28 00:01:07,980 --> 00:01:08,981 She's not getting any air. 29 00:01:10,461 --> 00:01:12,115 Looks like a pneumothorax. 30 00:01:13,769 --> 00:01:15,423 Oh, no. Sounds like she's got blood in her lungs. 31 00:01:15,466 --> 00:01:17,251 Potential hemopneumo. How long has she been like this? 32 00:01:17,294 --> 00:01:18,426 How long has she not been breathing? 33 00:01:18,469 --> 00:01:20,080 I called you the moment I noticed. 34 00:01:20,123 --> 00:01:21,081 Just got a text. The OR is ready. 35 00:01:21,124 --> 00:01:22,647 We got to get going on this guy 36 00:01:22,691 --> 00:01:24,084 or might as well just send him directly to the morgue. 37 00:01:24,127 --> 00:01:25,085 Doctor, we got to go. 38 00:01:31,221 --> 00:01:32,962 You know what a REBOA is? 39 00:01:33,005 --> 00:01:34,137 Heard of it. Never seen it done. 40 00:01:34,181 --> 00:01:35,443 I want to give him one. 41 00:01:35,486 --> 00:01:37,140 It'll stop his bleeding for 20, 30 minutes. 42 00:01:37,184 --> 00:01:38,402 That'll give me a chance to work on her. 43 00:01:38,446 --> 00:01:39,882 That way maybe we can save them both. 44 00:01:39,925 --> 00:01:42,145 Isn't that kind of the definition of a Hail Mary? 45 00:01:42,189 --> 00:01:43,146 I don't know, I'm not into football 46 00:01:43,190 --> 00:01:44,495 and I don't go to church. 47 00:01:44,539 --> 00:01:46,106 I need a REBOA and some chest tubes, stat. 48 00:01:46,149 --> 00:01:48,282 NURSE: You're really going to use a REBOA? 49 00:01:48,325 --> 00:01:50,153 But Dr. Park told you to operate on him now. 50 00:01:50,197 --> 00:01:52,199 I know. But I'm not even sure we can save him. 51 00:01:52,242 --> 00:01:53,591 In fact, the only thing I'm certain of is, 52 00:01:53,635 --> 00:01:55,115 we take the time to get him over to the OR, 53 00:01:55,158 --> 00:01:56,290 we're absolutely losing her. 54 00:01:56,333 --> 00:01:57,508 But what if it doesn't work? 55 00:01:57,552 --> 00:01:58,509 What if we lose them both? 56 00:01:58,553 --> 00:02:00,120 It's going to work. 57 00:02:00,163 --> 00:02:02,209 I think I need to have a quick chat with Dr. Park. 58 00:02:02,252 --> 00:02:04,602 Walk away from that patient, don't bother coming back. 59 00:02:04,646 --> 00:02:06,300 TECHNICIAN: Here's your REBOA and your chest tubes. 60 00:02:06,343 --> 00:02:08,476 Great. Let's make some miracles. 61 00:02:08,519 --> 00:02:11,174 Let's hail some Marys. 62 00:02:17,049 --> 00:02:18,138 Hey. 63 00:02:21,271 --> 00:02:22,838 Ah... 64 00:02:24,100 --> 00:02:26,058 I can't lie. 65 00:02:26,102 --> 00:02:27,886 Feel pretty strange about this. 66 00:02:27,930 --> 00:02:29,932 No. Bull's right. 67 00:02:29,975 --> 00:02:31,107 You need your own office. 68 00:02:31,151 --> 00:02:34,110 I've been a lawyer for a minute and a half. 69 00:02:34,154 --> 00:02:35,285 I can work in the conference room. 70 00:02:35,329 --> 00:02:36,460 I'm happy to work in the conference room. 71 00:02:36,504 --> 00:02:38,636 But you're Benjamin Colón. 72 00:02:38,680 --> 00:02:42,031 Hell, rumor has it that you're running for D.A. 73 00:02:42,074 --> 00:02:43,946 of the greatest city in the world. 74 00:02:43,989 --> 00:02:45,600 [sighs] 75 00:02:45,643 --> 00:02:47,297 You need a place of your own, man. 76 00:02:47,341 --> 00:02:49,604 You need an office where you can hang that law degree 77 00:02:49,647 --> 00:02:50,953 up on the wall. 78 00:02:50,996 --> 00:02:53,434 Well, you've got a law degree. 79 00:02:53,477 --> 00:02:54,826 I certainly do. 80 00:02:54,870 --> 00:02:57,220 And now I'm working towards a wall to hang it on. 81 00:02:57,264 --> 00:03:00,136 Sorry to break up this legal convention, 82 00:03:00,180 --> 00:03:01,703 but the big guy is waiting for you 83 00:03:01,746 --> 00:03:03,531 in the conference room. 84 00:03:03,574 --> 00:03:06,055 I had just finished my rounds at the hospital 85 00:03:06,098 --> 00:03:07,622 about two and a half hours earlier. 86 00:03:07,665 --> 00:03:09,667 I was climbing out of the shower 87 00:03:09,711 --> 00:03:11,060 when one of the ER nurses called 88 00:03:11,103 --> 00:03:13,758 and said they were expecting... 89 00:03:13,802 --> 00:03:15,891 I thought she said hundreds of patients. 90 00:03:15,934 --> 00:03:18,154 But then I thought I must have misheard. 91 00:03:18,198 --> 00:03:19,460 But then she said there was some kind of 92 00:03:19,503 --> 00:03:21,244 mass casualty situation 93 00:03:21,288 --> 00:03:23,725 and they were calling in every off-duty doctor in the area. 94 00:03:23,768 --> 00:03:25,161 It was all hands on deck. 95 00:03:25,205 --> 00:03:27,119 Hmm. How many patients 96 00:03:27,163 --> 00:03:29,209 did Mercy actually receive that night? 97 00:03:29,252 --> 00:03:30,906 Over 200. 98 00:03:30,949 --> 00:03:32,560 All with penetrating gunshot wounds. 99 00:03:32,603 --> 00:03:35,302 And the deceased-- uh, Ryan Watkins-- 100 00:03:35,345 --> 00:03:36,999 he was your first patient? 101 00:03:37,042 --> 00:03:38,392 He was supposed to be. 102 00:03:38,435 --> 00:03:39,958 Soon as I got there, 103 00:03:40,002 --> 00:03:42,178 I conferred with Dr. Park, the chief trauma surgeon. 104 00:03:42,222 --> 00:03:44,876 And he was taking another patient up to the OR, 105 00:03:44,920 --> 00:03:47,401 so he told me to get started on Mr. Watkins. 106 00:03:47,444 --> 00:03:49,141 Was there any special reason 107 00:03:49,185 --> 00:03:51,753 why Dr. Park wanted you to operate on Watkins first? 108 00:03:51,796 --> 00:03:54,538 I mean, it sounds like there were plenty of people 109 00:03:54,582 --> 00:03:55,844 needing immediate care. 110 00:03:55,887 --> 00:03:57,193 No. 111 00:03:57,237 --> 00:03:58,760 I think Dr. Park just considered 112 00:03:58,803 --> 00:04:00,065 his injuries the most critical. 113 00:04:00,109 --> 00:04:01,763 But then I saw this woman. 114 00:04:01,806 --> 00:04:03,286 And to my eye, 115 00:04:03,330 --> 00:04:05,332 she was in as equally bad shape as Mr. Watkins. 116 00:04:05,375 --> 00:04:07,551 She had a lot of blood and air in her chest. 117 00:04:07,595 --> 00:04:09,249 Struggling to breathe. 118 00:04:09,292 --> 00:04:11,642 I needed to drain that blood and air fast or we'd lose her. 119 00:04:11,686 --> 00:04:14,341 But if I had operated on him first, 120 00:04:14,384 --> 00:04:16,473 that woman absolutely would have died 121 00:04:16,517 --> 00:04:18,606 while waiting for treatment. 122 00:04:18,649 --> 00:04:21,304 Whereas if I could just keep Mr. Watkins alive 123 00:04:21,348 --> 00:04:24,176 for a half hour, I could definitely save her 124 00:04:24,220 --> 00:04:26,353 and maybe save him, too. 125 00:04:26,396 --> 00:04:28,703 You know, one way, I'm staring at 126 00:04:28,746 --> 00:04:30,444 a likely lose-lose situation. 127 00:04:30,487 --> 00:04:32,489 The other, I was certain 128 00:04:32,533 --> 00:04:34,012 at least one of them was going to live. 129 00:04:34,056 --> 00:04:36,145 That's why you used this REBOA thing? 130 00:04:36,188 --> 00:04:39,322 I'm sorry. What is a REBOA? 131 00:04:39,366 --> 00:04:40,889 It stands for 132 00:04:40,932 --> 00:04:43,326 Resuscitative Endovascular Balloon Occlusion of the Aorta. 133 00:04:43,370 --> 00:04:46,111 It's a kind of internal tourniquet. 134 00:04:46,155 --> 00:04:48,940 A balloon catheter that you position 135 00:04:48,984 --> 00:04:51,203 in a person's aorta to prevent them from bleeding out. 136 00:04:52,335 --> 00:04:53,815 It buys you time. 137 00:04:53,858 --> 00:04:55,120 Which was what I needed. 138 00:04:55,164 --> 00:04:57,340 But it didn't work. 139 00:04:57,384 --> 00:05:00,125 Well, the other patient needed chest tubes. 140 00:05:00,169 --> 00:05:01,823 That should have taken 20 minutes, tops. 141 00:05:01,866 --> 00:05:03,738 But once I got in there, 142 00:05:03,781 --> 00:05:06,349 it was more complicated than I had anticipated. 143 00:05:06,393 --> 00:05:08,873 And by the time I got her stable 144 00:05:08,917 --> 00:05:10,353 and got back to Mr. Watkins, 145 00:05:10,397 --> 00:05:13,313 40, 45 minutes had gone by. 146 00:05:15,010 --> 00:05:17,012 And he-he didn't make it. 147 00:05:18,448 --> 00:05:21,190 I tried, but... 148 00:05:21,233 --> 00:05:22,409 CHUNK: So, the plaintiff, 149 00:05:22,452 --> 00:05:24,454 Mr. Watkins' mother, is saying 150 00:05:24,498 --> 00:05:26,587 that the REBOA should never have been used. 151 00:05:26,630 --> 00:05:28,632 Especially not for 40 minutes. 152 00:05:28,676 --> 00:05:31,940 They are arguing that the REBOA is not even considered 153 00:05:31,983 --> 00:05:33,637 an acceptable standard of care. 154 00:05:33,681 --> 00:05:35,944 I'm not denying it's a controversial technique. 155 00:05:35,987 --> 00:05:38,381 I mean, usually it's only a stop-gap measure 156 00:05:38,425 --> 00:05:40,427 to buy you the ten, 15 minutes it takes 157 00:05:40,470 --> 00:05:43,734 to get a patient into the OR and opened up. 158 00:05:43,778 --> 00:05:45,736 For what it's worth, I've personally made the REBOA work 159 00:05:45,780 --> 00:05:47,347 for up to an hour. 160 00:05:47,390 --> 00:05:48,826 Before I went into trauma, 161 00:05:48,870 --> 00:05:50,393 I was a military medic in Afghanistan, 162 00:05:50,437 --> 00:05:51,742 and I used it there all the time. 163 00:05:51,786 --> 00:05:53,788 Well, it'd be great if we could get someone in 164 00:05:53,831 --> 00:05:55,659 to testify to that-- other than you. 165 00:05:55,703 --> 00:05:59,184 You know, I didn't see your picture on the website. 166 00:05:59,228 --> 00:06:00,664 Ex-Excuse me? 167 00:06:00,708 --> 00:06:03,537 When I was researching the Trial Analysis Corporation. 168 00:06:03,580 --> 00:06:05,234 I remember reading about a lawyer, 169 00:06:05,277 --> 00:06:06,366 but I don't think he was you. 170 00:06:06,409 --> 00:06:08,803 Mr. Palmer has been with the firm 171 00:06:08,846 --> 00:06:11,022 for over five years in a variety of capacities. 172 00:06:11,066 --> 00:06:13,764 He's handled several cases on his own, 173 00:06:13,808 --> 00:06:17,377 but he did just officially pass the bar this last summer. 174 00:06:18,769 --> 00:06:22,425 But do you have any experience in medical malpractice? 175 00:06:22,469 --> 00:06:23,818 This firm has handled hundreds 176 00:06:23,861 --> 00:06:26,211 of medical malpractice cases, and I personally 177 00:06:26,255 --> 00:06:27,430 have super...But Mr. Palmer? 178 00:06:27,474 --> 00:06:30,825 This will be my first. 179 00:06:32,566 --> 00:06:34,959 There's another attorney here. 180 00:06:35,003 --> 00:06:37,266 And he has lots of experience in medical... 181 00:06:37,309 --> 00:06:38,615 No. I'm the trial scientist. 182 00:06:38,659 --> 00:06:40,443 I'm the tactician. 183 00:06:40,487 --> 00:06:42,619 And I am telling you he's the one to plead this case. 184 00:06:42,663 --> 00:06:44,621 Now, 185 00:06:44,665 --> 00:06:46,318 if you don't agree with that, there are plenty 186 00:06:46,362 --> 00:06:48,190 of other companies I'm sure you can go to 187 00:06:48,233 --> 00:06:49,496 that would be happy to take your money. 188 00:06:49,539 --> 00:06:52,063 But, Dr. Kinsey, this is a jury trial. 189 00:06:52,107 --> 00:06:53,064 It's six people. 190 00:06:53,108 --> 00:06:54,457 And they're going to decide 191 00:06:54,501 --> 00:06:55,806 whether you're innocent or guilty. 192 00:06:55,850 --> 00:06:57,155 They are going to decide 193 00:06:57,199 --> 00:06:58,461 whether you live the rest of your life 194 00:06:58,505 --> 00:07:01,290 in relative comfort or all-consuming debt. 195 00:07:01,333 --> 00:07:03,901 They're gonna decide whether you get to use 196 00:07:03,945 --> 00:07:06,513 the salutation "Doctor" in front of your name ever again. 197 00:07:06,556 --> 00:07:10,212 The other side is going to bring all kinds of sage, old men 198 00:07:10,255 --> 00:07:13,171 who will offer intimidating and confusing medical testimony. 199 00:07:13,215 --> 00:07:14,738 They'll try and bully their way to a verdict. 200 00:07:14,782 --> 00:07:17,524 Now, here's what I know. 201 00:07:17,567 --> 00:07:19,439 You give people a choice 202 00:07:19,482 --> 00:07:20,614 between something they understand 203 00:07:20,657 --> 00:07:22,529 and something they don't understand, 204 00:07:22,572 --> 00:07:24,313 they will almost always lean 205 00:07:24,356 --> 00:07:25,880 in the direction of the thing they understand. 206 00:07:25,923 --> 00:07:27,621 This case isn't about medicine. 207 00:07:27,664 --> 00:07:29,666 It's about being able to talk to six people. 208 00:07:29,710 --> 00:07:32,408 Being able to put them in your shoes 209 00:07:32,452 --> 00:07:34,889 when you had to make the decisions you had to make. 210 00:07:34,932 --> 00:07:37,239 And I'm telling you, 211 00:07:37,282 --> 00:07:39,633 this is the man for the job. 212 00:07:41,243 --> 00:07:42,549 Now... 213 00:07:42,592 --> 00:07:44,507 are we going to court or not? 214 00:07:46,248 --> 00:07:48,250 ♪ 215 00:07:57,215 --> 00:08:00,218 I appreciate your confidence in me. 216 00:08:00,262 --> 00:08:01,742 It's no big deal. 217 00:08:01,785 --> 00:08:03,178 I meant what I said. 218 00:08:03,221 --> 00:08:06,268 I think you're the right man for the job. 219 00:08:06,311 --> 00:08:08,270 I think the jurors are going to appreciate 220 00:08:08,313 --> 00:08:10,707 being talked to by someone like them. 221 00:08:10,751 --> 00:08:13,101 Someone who doesn't 222 00:08:13,144 --> 00:08:15,582 eat, sleep and drink medical malpractice. 223 00:08:15,625 --> 00:08:16,931 Someone who's just trying to figure out 224 00:08:16,974 --> 00:08:18,280 what really happened here. 225 00:08:18,323 --> 00:08:20,195 So, voir dire. 226 00:08:20,238 --> 00:08:22,023 You have any thoughts? 227 00:08:22,066 --> 00:08:24,547 So, in a perfect world, 228 00:08:24,591 --> 00:08:26,549 we would love to be talking to people 229 00:08:26,593 --> 00:08:28,290 who are at least willing to entertain the idea 230 00:08:28,333 --> 00:08:32,294 that Dr. Kinsey, finding herself in an impossible situation, 231 00:08:32,337 --> 00:08:34,383 made the best decisions she could... 232 00:08:34,426 --> 00:08:37,081 if not to save every life, then to save most lives. 233 00:08:38,692 --> 00:08:41,390 It really is a case study in lifeboat ethics. 234 00:08:41,433 --> 00:08:42,696 It is funny. 235 00:08:42,739 --> 00:08:44,219 Not one press report I've read 236 00:08:44,262 --> 00:08:45,873 mentions that Dr. Kinsey saved 237 00:08:45,916 --> 00:08:48,223 five other lives that day. 238 00:08:48,266 --> 00:08:50,660 Truth is, our client's a hero. 239 00:08:50,704 --> 00:08:52,227 The jury needs to hear that. 240 00:08:52,270 --> 00:08:54,664 And they need to hear it during voir dire. 241 00:08:55,839 --> 00:08:58,799 Everybody here know who Sully Sullenberger is? 242 00:08:58,842 --> 00:09:00,583 Yeah. 243 00:09:00,627 --> 00:09:03,543 He's the pilot who landed the plane on the Hudson River. 244 00:09:03,586 --> 00:09:05,153 That's him. 245 00:09:05,196 --> 00:09:07,416 Man behind the "Miracle on the Hudson." 246 00:09:07,459 --> 00:09:10,027 A hero. Right? 247 00:09:10,071 --> 00:09:13,248 Anybody remember why he had to land that plane on the river? 248 00:09:13,291 --> 00:09:14,641 Yes. 249 00:09:14,684 --> 00:09:16,381 The plane hit some birds, I think. 250 00:09:16,425 --> 00:09:18,253 Yes, it did. 251 00:09:18,296 --> 00:09:20,995 And it put that man in an impossible situation. 252 00:09:21,038 --> 00:09:23,519 Air traffic control had already ordered him 253 00:09:23,563 --> 00:09:24,607 back to the airport. 254 00:09:24,651 --> 00:09:26,391 He was convinced he wouldn't make it. 255 00:09:26,435 --> 00:09:28,263 So he improvised 256 00:09:28,306 --> 00:09:30,570 and decided to attempt a water landing. 257 00:09:30,613 --> 00:09:32,659 Didn't ask for permission. 258 00:09:32,702 --> 00:09:34,225 No time. 259 00:09:34,269 --> 00:09:36,227 He just did it. 260 00:09:36,271 --> 00:09:40,536 And managed to save every passenger on that plane. 261 00:09:40,580 --> 00:09:42,625 A hero... right? 262 00:09:42,669 --> 00:09:45,193 Juror 21. 263 00:09:45,236 --> 00:09:46,542 It says here that you were a police officer. 264 00:09:46,586 --> 00:09:49,197 How do you feel about that? 265 00:09:49,240 --> 00:09:51,373 The man was given an order and he defied it. 266 00:09:51,416 --> 00:09:52,722 Oh, I think everything worked out 267 00:09:52,766 --> 00:09:54,245 the way it was supposed to. 268 00:09:54,289 --> 00:09:56,073 The man was declared a hero. 269 00:09:56,117 --> 00:09:58,075 They made a movie out of it. 270 00:09:58,119 --> 00:09:59,599 He was played by Tom Hanks. 271 00:09:59,642 --> 00:10:02,166 [laughing]: I don't think it gets any better than that. 272 00:10:02,210 --> 00:10:04,168 Ground control to Major Tom? 273 00:10:04,212 --> 00:10:05,648 Diana Merrick. 274 00:10:05,692 --> 00:10:07,432 Former NYPD. 275 00:10:07,476 --> 00:10:09,043 Took an early retirement 276 00:10:09,086 --> 00:10:10,566 after getting injured on the job. 277 00:10:10,610 --> 00:10:11,654 BULL: Injured how? 278 00:10:11,698 --> 00:10:13,351 Suspect stabbed her during an arrest 279 00:10:13,395 --> 00:10:15,789 and then she apparently took him down with a fire extinguisher. 280 00:10:15,832 --> 00:10:16,833 Hit him with it. 281 00:10:16,877 --> 00:10:18,530 A woman of action. 282 00:10:18,574 --> 00:10:20,358 That's our kind of girl. 283 00:10:20,402 --> 00:10:24,362 Your Honor, juror 21 is acceptable to the defense. 284 00:10:24,406 --> 00:10:27,104 Nice work, Counselor. 285 00:10:27,148 --> 00:10:28,584 We make a pretty good team. 286 00:10:28,628 --> 00:10:31,152 Well, all I'm doing is following your lead. 287 00:10:31,195 --> 00:10:33,633 Like I said, we make a pretty good team. 288 00:10:34,677 --> 00:10:36,244 [chuckles] 289 00:10:36,287 --> 00:10:38,289 ♪ 290 00:10:40,335 --> 00:10:42,337 [indistinct chatter] 291 00:10:48,038 --> 00:10:49,213 BENNY: There he is. 292 00:10:49,257 --> 00:10:51,085 Oh, hustler, hustler. [laughs] 293 00:10:51,128 --> 00:10:54,305 Survived your first day on the medical malpractice beat? 294 00:10:54,349 --> 00:10:56,699 Other side threw in the towel. Gave up. 295 00:10:56,743 --> 00:10:58,266 Offered to pay us money to go away. 296 00:10:58,309 --> 00:11:01,399 Ooh. You are knee-deep now.Yeah. 297 00:11:01,443 --> 00:11:03,097 Keep shoveling.[laughs] 298 00:11:03,140 --> 00:11:04,315 Bull know you're here? 299 00:11:04,359 --> 00:11:06,709 Nah, but so what? 300 00:11:06,753 --> 00:11:10,974 Actually, I came by to tell you I think I'm good. 301 00:11:11,018 --> 00:11:12,715 Okay. 302 00:11:12,759 --> 00:11:14,717 So tell me about tomorrow. 303 00:11:14,761 --> 00:11:16,371 Opening statements. 304 00:11:16,414 --> 00:11:19,374 Plaintiffs are gonna say that my client made a bad decision 305 00:11:19,417 --> 00:11:20,897 she had no right to make, 306 00:11:20,941 --> 00:11:22,507 and I'm gonna tell them about a woman 307 00:11:22,551 --> 00:11:25,467 who found herself in the middle of a perfect storm, 308 00:11:25,510 --> 00:11:27,034 made the best choices she could, 309 00:11:27,077 --> 00:11:28,513 and saved five lives. 310 00:11:28,557 --> 00:11:30,385 First witness?Dr. Park. 311 00:11:30,428 --> 00:11:33,257 Now, he's gonna testify that he told her to operate 312 00:11:33,301 --> 00:11:35,259 on the plaintiff first. 313 00:11:35,303 --> 00:11:36,696 I'm gonna try to imply 314 00:11:36,739 --> 00:11:38,436 that it was actually he who was derelict, 315 00:11:38,480 --> 00:11:40,787 since he clearly didn't consider thoroughly 316 00:11:40,830 --> 00:11:43,224 the conditions of the other patients in the trauma bay. 317 00:11:43,267 --> 00:11:44,442 Sounds smart. 318 00:11:44,486 --> 00:11:47,402 Why, thank you, sir. [chuckles] 319 00:11:47,445 --> 00:11:49,230 I'm gonna go. 320 00:11:49,273 --> 00:11:51,362 Just beware of the bank shot. 321 00:11:52,929 --> 00:11:54,148 Come again? 322 00:12:01,024 --> 00:12:02,547 Damn. No, no. 323 00:12:04,288 --> 00:12:05,681 Oh, yeah. 324 00:12:06,334 --> 00:12:08,249 The bank shot. 325 00:12:09,380 --> 00:12:11,774 So you think you know why the plaintiff 326 00:12:11,818 --> 00:12:15,822 is calling a witness, and y-you may be right. 327 00:12:15,865 --> 00:12:19,303 But a lot of the time, the other side 328 00:12:19,347 --> 00:12:22,350 will call a witness with a whole other purpose entirely. 329 00:12:22,393 --> 00:12:23,699 The witness will say everything 330 00:12:23,743 --> 00:12:25,483 you expect him to say, but then, 331 00:12:25,527 --> 00:12:27,790 just at the last minute, boom, 332 00:12:27,834 --> 00:12:31,315 he'll throw a whole new fact pattern out there. 333 00:12:31,359 --> 00:12:32,316 Bank shot. 334 00:12:34,101 --> 00:12:36,277 So what do I do?Two things. 335 00:12:36,320 --> 00:12:37,669 One, do your best. 336 00:12:37,713 --> 00:12:40,281 Two, stop saying you're good. 337 00:12:40,324 --> 00:12:42,936 You shouldn't be good until this is all over. 338 00:12:42,979 --> 00:12:46,156 And then, only if you've won. 339 00:12:46,200 --> 00:12:48,071 Stay scared, Chunk. 340 00:12:49,203 --> 00:12:51,379 Bank shots can come out of nowhere. 341 00:12:51,422 --> 00:12:53,816 GROSSMAN: Let's talk about the evening of the shooting. 342 00:12:53,860 --> 00:12:56,340 How soon after you got the call 343 00:12:56,384 --> 00:12:58,473 did you have someone reach out to Dr. Kinsey 344 00:12:58,516 --> 00:13:01,128 and ask her to return to the hospital? 345 00:13:01,171 --> 00:13:03,304 I believe it was within minutes. 346 00:13:03,347 --> 00:13:07,351 GROSSMAN: And when she arrived, did you tell Dr. Kinsey to take 347 00:13:07,395 --> 00:13:09,876 Mr. Watkins up to the OR for surgery 348 00:13:09,919 --> 00:13:12,226 as soon as a room became available? 349 00:13:12,269 --> 00:13:14,315 I did.And even though 350 00:13:14,358 --> 00:13:18,493 she received that directive from you, her superior, 351 00:13:18,536 --> 00:13:22,105 that's not what Dr. Kinsey did, is it? 352 00:13:23,150 --> 00:13:24,847 PARK: No.Now, you mentioned 353 00:13:24,891 --> 00:13:27,067 that Dr. Kinsey decided to deploy 354 00:13:27,110 --> 00:13:28,285 a REBOA. 355 00:13:28,329 --> 00:13:29,852 Had you been consulted, 356 00:13:29,896 --> 00:13:31,636 would you have approved of this decision? 357 00:13:31,680 --> 00:13:34,509 No, I would not. 358 00:13:34,552 --> 00:13:39,470 In my 27 years, I've actually never used a REBOA. 359 00:13:39,514 --> 00:13:41,821 As far as I know, the mainstream medical community 360 00:13:41,864 --> 00:13:46,564 has still not reached a decision as to when, where or even if 361 00:13:46,608 --> 00:13:48,305 the REBOA should be used. 362 00:13:48,349 --> 00:13:50,525 It comes with a slew of complications 363 00:13:50,568 --> 00:13:52,701 and high mortality rates. 364 00:13:52,744 --> 00:13:55,791 Are you surprised the use of the REBOA resulted 365 00:13:55,835 --> 00:13:57,401 in Ryan Watkins' death? 366 00:13:57,445 --> 00:13:59,577 No. No further questions 367 00:13:59,621 --> 00:14:01,841 for this witness, Your Honor. 368 00:14:03,538 --> 00:14:06,454 I'm not a doctor, but I sense we're bleeding out here. 369 00:14:07,847 --> 00:14:09,457 Before I begin my questioning, 370 00:14:09,500 --> 00:14:10,850 I'd just like to thank you, Dr. Park, 371 00:14:10,893 --> 00:14:13,504 you and the entire Mercy Hospital team, 372 00:14:13,548 --> 00:14:16,246 for all of your hard work during that awful night. 373 00:14:16,290 --> 00:14:18,205 Thank you. 374 00:14:18,248 --> 00:14:20,511 Now, you testified that mere minutes after receiving 375 00:14:20,555 --> 00:14:22,426 the call about the mass shooting, 376 00:14:22,470 --> 00:14:25,038 you directed someone to call Dr. Kinsey 377 00:14:25,081 --> 00:14:26,822 and see if she'd be able to come back to work. 378 00:14:26,866 --> 00:14:29,433 Yes.Even though she just finished a 12-hour shift. 379 00:14:29,477 --> 00:14:30,608 Yes. 380 00:14:30,652 --> 00:14:32,436 You must hold her in pretty high regard, 381 00:14:32,480 --> 00:14:34,438 wouldn't you say? 382 00:14:34,482 --> 00:14:35,875 I suppose so. 383 00:14:35,918 --> 00:14:39,052 In fact, you hired her, didn't you? 384 00:14:39,095 --> 00:14:41,619 I was among the people on the committee 385 00:14:41,663 --> 00:14:43,621 that weighed in on her hiring, yes. 386 00:14:43,665 --> 00:14:47,147 I think it stands to reason that at some point 387 00:14:47,190 --> 00:14:50,759 you had a high degree of faith in Dr. Kinsey's decision-making. 388 00:14:50,802 --> 00:14:51,934 Wouldn't you say? 389 00:14:51,978 --> 00:14:54,284 And it's Chunk Palmer on the 20. 390 00:14:55,503 --> 00:14:57,548 I'm waiting for an answer, Dr. Park. 391 00:14:57,592 --> 00:14:59,594 GROSSMAN: Objection, Your Honor. Relevance. 392 00:14:59,637 --> 00:15:02,075 This trial is not about why Dr. Kinsey was hired. 393 00:15:02,118 --> 00:15:04,642 It is about why she did what she did 394 00:15:04,686 --> 00:15:08,472 after being given specific instructions by her superior. 395 00:15:08,516 --> 00:15:10,735 Objection sustained. Ask another question, 396 00:15:10,779 --> 00:15:12,520 Counselor. 397 00:15:12,563 --> 00:15:15,001 Situations like this, a-a mass shooting, 398 00:15:15,044 --> 00:15:16,741 are fast-moving 399 00:15:16,785 --> 00:15:18,482 and fluid, aren't they?Of course. 400 00:15:18,526 --> 00:15:20,832 And so, as patients are moved from EMS 401 00:15:20,876 --> 00:15:24,010 to emergency room doctors to trauma surgeons, 402 00:15:24,053 --> 00:15:27,970 quite often their condition changes rapidly, doesn't it? 403 00:15:28,014 --> 00:15:29,189 That's correct. 404 00:15:29,232 --> 00:15:30,973 And am I safe in assuming that, ideally, 405 00:15:31,017 --> 00:15:34,803 you would want them to be reassessed as often as possible? 406 00:15:34,846 --> 00:15:36,544 Of course. So, 407 00:15:36,587 --> 00:15:38,372 the night that you decided that Mr. Watkins 408 00:15:38,415 --> 00:15:41,766 should be operated on prior to anyone else, 409 00:15:41,810 --> 00:15:44,769 isn't it possible that while that was the right decision 410 00:15:44,813 --> 00:15:47,947 when you made it, it might not have been the right decision 411 00:15:47,990 --> 00:15:49,644 five or ten minutes later? 412 00:15:49,687 --> 00:15:51,472 And isn't it possible 413 00:15:51,515 --> 00:15:52,995 that on Dr. Kinsey's subsequent, 414 00:15:53,039 --> 00:15:55,302 more thorough examination, 415 00:15:55,345 --> 00:15:57,739 and faced with two critically wounded patients, 416 00:15:57,782 --> 00:16:00,437 she could reasonably disagree with your assessment? 417 00:16:00,481 --> 00:16:03,005 She lost a patient. 418 00:16:03,049 --> 00:16:06,487 If she had done what you told her, she could have lost two. 419 00:16:06,530 --> 00:16:08,228 Bingo.GROSSMAN: Objection, Your Honor. 420 00:16:08,271 --> 00:16:10,882 Counsel is testifying.[gavel bangs] 421 00:16:10,926 --> 00:16:13,102 Objection sustained. The jury will disregard 422 00:16:13,146 --> 00:16:14,843 counsel's last statement. 423 00:16:14,886 --> 00:16:16,627 It's already forever burned in their brains. 424 00:16:16,671 --> 00:16:18,020 RAND: Mr. Palmer? 425 00:16:18,064 --> 00:16:20,675 You do know the difference between a question 426 00:16:20,718 --> 00:16:22,633 and a statement, don't you? 427 00:16:22,677 --> 00:16:24,026 You bet he does. 428 00:16:24,070 --> 00:16:25,506 I do, Your Honor, and I apologize 429 00:16:25,549 --> 00:16:28,726 to the court and to the jury and the witness. 430 00:16:28,770 --> 00:16:30,511 Your apology's accepted. 431 00:16:30,554 --> 00:16:33,601 You get one, Mr. Palmer. 432 00:16:33,644 --> 00:16:35,516 Any more questions for this witness? 433 00:16:35,559 --> 00:16:38,693 Not at this time, Your Honor. 434 00:16:38,736 --> 00:16:40,042 GROSSMAN: Permission to redirect? 435 00:16:40,086 --> 00:16:41,913 RAND: Go ahead, Ms. Grossman. 436 00:16:41,957 --> 00:16:43,959 GROSSMAN: Now, Dr. Park, 437 00:16:44,003 --> 00:16:47,267 this isn't the first time that Dr. Kinsey has gone rogue 438 00:16:47,310 --> 00:16:48,616 while on your watch, is it? 439 00:16:48,659 --> 00:16:51,706 No, it is not. 440 00:16:51,749 --> 00:16:53,708 GROSSMAN: Could you elaborate for us, please? 441 00:16:53,751 --> 00:16:55,927 PARK: It was three months or so 442 00:16:55,971 --> 00:16:57,755 after Dr. Kinsey joined our staff. 443 00:16:57,799 --> 00:17:00,584 We had a patient, a car crash victim. 444 00:17:00,628 --> 00:17:04,675 Upon examination we realized she had cirrhosis-- liver disease-- 445 00:17:04,719 --> 00:17:06,112 and had developed ascites, 446 00:17:06,155 --> 00:17:10,072 essentially an accumulation of fluid in the abdomen 447 00:17:10,116 --> 00:17:14,207 which can cause kidney or liver failure if left untreated. 448 00:17:14,250 --> 00:17:16,861 And you had Dr. Kinsey work on this patient? 449 00:17:16,905 --> 00:17:20,778 Yes. A common procedure is to drain the fluid 450 00:17:20,822 --> 00:17:23,607 through what's called therapeutic paracentesis. 451 00:17:23,651 --> 00:17:26,784 You have to very carefully hold a needle 452 00:17:26,828 --> 00:17:28,612 while the fluid drains. 453 00:17:28,656 --> 00:17:33,313 If the patient moves or if the needle slips, 454 00:17:33,356 --> 00:17:36,446 it could puncture the liver, causing internal bleeding. 455 00:17:36,490 --> 00:17:39,667 And so you had Dr. Kinsey perform this procedure? 456 00:17:39,710 --> 00:17:41,103 That's correct. 457 00:17:41,147 --> 00:17:42,713 But apparently, there was 458 00:17:42,757 --> 00:17:45,847 an urgent situation down the hall, 459 00:17:45,890 --> 00:17:47,762 and instead of stopping the procedure 460 00:17:47,805 --> 00:17:51,983 and pulling the needle out to go and attend to the problem, 461 00:17:52,027 --> 00:17:55,900 Dr. Kinsey decided to tape the needle in place, 462 00:17:55,944 --> 00:17:58,816 I suppose hoping that it would auto-drain 463 00:17:58,860 --> 00:18:01,123 while she was off assisting down the hall. 464 00:18:01,167 --> 00:18:02,646 GROSSMAN: Is that something that's recommended 465 00:18:02,690 --> 00:18:04,387 while performing this procedure? 466 00:18:04,431 --> 00:18:06,302 No. Absolutely not. 467 00:18:06,346 --> 00:18:08,478 You never leave a sharp instrument 468 00:18:08,522 --> 00:18:11,133 sticking out of a patient unattended. 469 00:18:11,177 --> 00:18:13,222 Luckily, I came by to check on the procedure. 470 00:18:13,266 --> 00:18:15,572 I pulled the needle, preserving the patient's safety, 471 00:18:15,616 --> 00:18:18,575 and had a very long talk with Dr. Kinsey. 472 00:18:18,619 --> 00:18:23,754 The thing is, it was clever, but not responsible medicine. 473 00:18:23,798 --> 00:18:25,713 GROSSMAN: So, 474 00:18:25,756 --> 00:18:28,846 it appears that Dr. Kinsey has a history 475 00:18:28,890 --> 00:18:32,372 of maverick medical procedures that risk patient health. 476 00:18:32,415 --> 00:18:34,287 Objection. Counsel is testifying. 477 00:18:34,330 --> 00:18:35,984 Rephrase, Ms. Grossman. 478 00:18:36,027 --> 00:18:37,594 I'll withdraw the statement. 479 00:18:37,638 --> 00:18:39,814 No further questions. 480 00:18:45,602 --> 00:18:47,213 BULL: Where the hell did that come from? 481 00:18:47,256 --> 00:18:48,257 CHUNK: Bank shot. 482 00:18:52,174 --> 00:18:53,349 KINSEY: You have to understand. From my perspective, 483 00:18:53,393 --> 00:18:55,308 it was a nonevent. 484 00:18:55,351 --> 00:18:58,311 The woman's abdomen was draining just fine and I was attending 485 00:18:58,354 --> 00:18:59,399 to another patient. 486 00:18:59,442 --> 00:19:00,835 Dr. Park came by, 487 00:19:00,878 --> 00:19:02,271 and I wasn't doing it the way he would do it, 488 00:19:02,315 --> 00:19:05,013 but that doesn't mean I was doing it improperly. 489 00:19:05,056 --> 00:19:06,971 I don't mean to cast aspersions, 490 00:19:07,015 --> 00:19:10,061 but Park, he's the kind of guy who's gonna keep making his bed 491 00:19:10,105 --> 00:19:13,500 until it's absolutely perfect, even when the house is on fire. 492 00:19:13,543 --> 00:19:15,850 Be that as it may, the plaintiff's attorney 493 00:19:15,893 --> 00:19:17,982 has already planted it in the jury's mind 494 00:19:18,026 --> 00:19:20,420 that you're some kind of rebel doctor, 495 00:19:20,463 --> 00:19:22,552 willing to compromise your patient's well-being 496 00:19:22,596 --> 00:19:25,294 for the satisfaction of doing it your way. 497 00:19:25,338 --> 00:19:26,817 CHUNK: Do you know 498 00:19:26,861 --> 00:19:28,471 a Dr. Kendra Collier? 499 00:19:28,515 --> 00:19:31,039 Name rings a bell. 500 00:19:31,082 --> 00:19:33,868 Uh, maybe the military? Maybe Afghanistan? 501 00:19:33,911 --> 00:19:35,870 CHUNK: Well, she's on this revised witness list 502 00:19:35,913 --> 00:19:38,046 and is first up to testify tomorrow. 503 00:19:38,089 --> 00:19:39,874 Sorry. 504 00:19:39,917 --> 00:19:43,312 In case it jogs your memory, she is a critical care physician 505 00:19:43,356 --> 00:19:44,922 out of San Antonio? 506 00:19:44,966 --> 00:19:47,098 Never been to San Antonio. 507 00:19:47,142 --> 00:19:48,056 TAYLOR: Okay, how's this? 508 00:19:48,099 --> 00:19:50,928 From 2004 to 2009, she worked 509 00:19:50,972 --> 00:19:52,843 at Landstuhl Regional Medical Facility in Germany. 510 00:19:52,887 --> 00:19:54,889 Okay. Military doctor, I got that part right, 511 00:19:54,932 --> 00:19:56,978 but I never served in Germany. 512 00:19:57,021 --> 00:19:58,327 MARISSA: So you have no clue why they're calling her 513 00:19:58,371 --> 00:20:00,068 to testify? 514 00:20:00,111 --> 00:20:03,158 Uh, San Antonio to New York City is a pretty pricy plane ticket. 515 00:20:03,202 --> 00:20:04,812 There's got to be a reason that they're willing 516 00:20:04,855 --> 00:20:06,248 to go to so much trouble. 517 00:20:07,336 --> 00:20:09,164 I'm sorry. I don't know who she is. 518 00:20:10,121 --> 00:20:12,733 Well, I guess we will all find out tomorrow. 519 00:20:14,735 --> 00:20:15,997 [brakes squeaking] 520 00:20:16,040 --> 00:20:17,216 We making a stop? 521 00:20:17,259 --> 00:20:19,435 I asked Benny to join us. 522 00:20:19,479 --> 00:20:21,437 He's gonna sit with me in the gallery. 523 00:20:21,481 --> 00:20:24,179 I need an extra set of eyes and ears. 524 00:20:25,311 --> 00:20:27,051 [grunts] 525 00:20:28,052 --> 00:20:29,445 Morning, fellas. 526 00:20:29,489 --> 00:20:32,143 Well, isn't this a nice surprise? 527 00:20:32,187 --> 00:20:34,102 I was just reading about you in the newspaper here. 528 00:20:34,145 --> 00:20:35,495 At least I think it's you. 529 00:20:35,538 --> 00:20:37,148 The way they spelled your name made it sound 530 00:20:37,192 --> 00:20:39,673 like you're a part of somebody's digestive system. 531 00:20:39,716 --> 00:20:43,242 "Benny Colon." [laughs] 532 00:20:43,285 --> 00:20:46,506 Seriously, man, congratulations. You got my vote. 533 00:20:46,549 --> 00:20:49,857 Yeah, that's just 'cause you want your old office back. 534 00:20:49,900 --> 00:20:52,076 So you made the announcement last night? 535 00:20:52,120 --> 00:20:53,817 Not me, personally, but yeah. 536 00:20:53,861 --> 00:20:55,950 It's finally out there. 537 00:20:55,993 --> 00:20:58,082 I think they were afraid if they didn't announce it soon, 538 00:20:58,126 --> 00:21:00,476 I was going to change my mind. [gavel bangs] 539 00:21:00,520 --> 00:21:02,043 GROSSMAN: Dr. Collier, 540 00:21:02,086 --> 00:21:05,002 the defendant, Dr. Kinsey, in her deposition, claims 541 00:21:05,046 --> 00:21:09,137 that she successfully deployed a REBOA for over one hour 542 00:21:09,180 --> 00:21:13,315 in a Colonel Mark Winston during her service in Afghanistan. 543 00:21:13,359 --> 00:21:14,882 Now, you were part 544 00:21:14,925 --> 00:21:16,840 of the treatment team at Landstuhl 545 00:21:16,884 --> 00:21:19,147 for that same soldier, correct?Correct. 546 00:21:19,190 --> 00:21:22,106 Can you tell us about Colonel Winston's injuries? 547 00:21:22,150 --> 00:21:25,936 Winston's unit was hit with an improvised explosive device 548 00:21:25,980 --> 00:21:27,329 in Afghanistan. 549 00:21:27,373 --> 00:21:29,375 He suffered massive abdominal wounds 550 00:21:29,418 --> 00:21:32,203 and had to be transferred to the Kandahar base for surgery, 551 00:21:32,247 --> 00:21:34,684 and then to us in Landstuhl for further treatment. 552 00:21:34,728 --> 00:21:37,034 He survived the transports, but died in our care 553 00:21:37,078 --> 00:21:38,558 eight days later. 554 00:21:38,601 --> 00:21:39,776 Oh, no... 555 00:21:39,820 --> 00:21:42,910 GROSSMAN: Were his wounds just too severe? 556 00:21:42,953 --> 00:21:45,608 His wounds were very severe. But that's not what killed him. 557 00:21:45,652 --> 00:21:48,350 Well, then, what did? 558 00:21:48,394 --> 00:21:50,439 Well, as you mentioned, the medical team 559 00:21:50,483 --> 00:21:52,223 who performed the initial transport in Afghanistan, 560 00:21:52,267 --> 00:21:53,224 the one supervised 561 00:21:53,268 --> 00:21:54,922 by Dr. Kinsey, 562 00:21:54,965 --> 00:21:59,100 used a REBOA to keep the colonel from hemorrhaging during flight. 563 00:21:59,143 --> 00:22:02,146 Unfortunately, the transport took an hour, 564 00:22:02,190 --> 00:22:05,715 and that's a long time to cut off someone's blood supply. 565 00:22:05,759 --> 00:22:08,239 So you're saying it was the REBOA 566 00:22:08,283 --> 00:22:10,503 that led to Colonel Winston's death? 567 00:22:10,546 --> 00:22:12,592 Essentially, yes. 568 00:22:12,635 --> 00:22:14,071 The REBOA pretty much killed his legs, 569 00:22:14,115 --> 00:22:17,031 and Winston ultimately died of sepsis. 570 00:22:17,074 --> 00:22:18,249 GROSSMAN: But this didn't happen 571 00:22:18,293 --> 00:22:20,861 in the case of Ryan Watkins, did it? 572 00:22:20,904 --> 00:22:23,516 Same cause, different complication. 573 00:22:23,559 --> 00:22:26,257 In Mr. Watkins' case, it wasn't his legs, 574 00:22:26,301 --> 00:22:28,608 but the end result was the same. 575 00:22:28,651 --> 00:22:32,394 So, in your professional opinion, was it reasonable 576 00:22:32,438 --> 00:22:36,398 for Dr. Kinsey to assume that she could successfully deploy 577 00:22:36,442 --> 00:22:39,836 a REBOA for such a lengthy period of time 578 00:22:39,880 --> 00:22:42,796 in either Colonel Winston or, for that matter, 579 00:22:42,839 --> 00:22:45,189 in the case of Ryan Watkins? 580 00:22:45,233 --> 00:22:46,756 No. 581 00:22:46,800 --> 00:22:49,803 You just can't keep it in that long and expect it to work. 582 00:22:49,846 --> 00:22:52,109 GROSSMAN: No further questions. 583 00:22:52,153 --> 00:22:53,981 Your witness, Mr. Palmer. 584 00:22:54,024 --> 00:22:56,070 Ask the judge for a short recess. 585 00:22:56,113 --> 00:22:58,289 I think the two of us should confer with Benny. 586 00:22:58,333 --> 00:22:59,769 I got this. 587 00:23:01,467 --> 00:23:05,427 Okay, I just listened to your testimony, Dr. Collier, 588 00:23:05,471 --> 00:23:08,778 and I have to tell you I'm a little confused. 589 00:23:08,822 --> 00:23:10,214 Let me see if I can't help you, then. 590 00:23:10,258 --> 00:23:13,261 CHUNK: Great. So, let's start back at the beginning. 591 00:23:13,304 --> 00:23:15,176 A patient like Colonel Winston, 592 00:23:15,219 --> 00:23:19,049 all these abdominal wounds... 593 00:23:19,093 --> 00:23:21,791 There any way he's gonna survive a 60-minute transport 594 00:23:21,835 --> 00:23:24,533 without some sort of hemorrhage control? 595 00:23:26,405 --> 00:23:29,451 No.And without some sort of hemorrhage control, 596 00:23:29,495 --> 00:23:32,367 how quickly is someone in the colonel's condition 597 00:23:32,411 --> 00:23:36,371 likely to bleed out? 30 minutes? 598 00:23:37,807 --> 00:23:39,679 15 minutes? 599 00:23:41,202 --> 00:23:44,161 Would he have even lasted five minutes? 600 00:23:45,859 --> 00:23:47,338 Less than five minutes. 601 00:23:47,382 --> 00:23:49,166 CHUNK: So the options were either 602 00:23:49,210 --> 00:23:51,299 let the patient die on the helicopter, 603 00:23:51,342 --> 00:23:55,303 or deploy this REBOA and get him to a facility 604 00:23:55,346 --> 00:23:58,306 where he could be treated and possibly saved? 605 00:23:58,349 --> 00:24:00,177 Isn't that correct? 606 00:24:00,221 --> 00:24:02,963 Basically, yes.So the REBOA 607 00:24:03,006 --> 00:24:05,966 bought him time. 608 00:24:06,009 --> 00:24:09,273 In fact, it bought him eight days, didn't it? 609 00:24:09,317 --> 00:24:10,927 Because had it not been used, 610 00:24:10,971 --> 00:24:12,842 he would have died on day one. 611 00:24:12,886 --> 00:24:14,017 Isn't that correct? 612 00:24:14,061 --> 00:24:15,628 Yes, that would be correct. 613 00:24:15,671 --> 00:24:17,151 So let me ask you a question. 614 00:24:17,194 --> 00:24:18,413 During the time that you were 615 00:24:18,457 --> 00:24:20,850 treating the colonel in Landstuhl, 616 00:24:20,894 --> 00:24:23,462 did his family come to see him? 617 00:24:23,505 --> 00:24:26,290 His wife, his son? 618 00:24:26,334 --> 00:24:28,118 Yes, I believe they did. 619 00:24:28,162 --> 00:24:31,905 So the REBOA, the dreaded REBOA, 620 00:24:31,948 --> 00:24:35,604 actually allowed the colonel to have eight more days 621 00:24:35,648 --> 00:24:39,521 to spend with his family and to say goodbye to them? 622 00:24:39,565 --> 00:24:40,827 Isn't that correct? 623 00:24:40,870 --> 00:24:42,916 Yes. 624 00:24:42,959 --> 00:24:45,048 I suppose it did. 625 00:24:45,092 --> 00:24:47,137 Sounds like Dr. Kinsey 626 00:24:47,181 --> 00:24:49,749 made the right choice to me.GROSSMAN: Objection! 627 00:24:49,792 --> 00:24:51,315 Counsel is testifying. 628 00:24:51,359 --> 00:24:52,578 RAND: Objection sustained. 629 00:24:52,621 --> 00:24:55,276 The jury will ignore counsel's last question. 630 00:24:55,319 --> 00:24:58,497 I do apologize, Your Honor. No further questions. 631 00:24:58,540 --> 00:25:02,849 Gosh, I knew him when he used to tell clients what color shirts 632 00:25:02,892 --> 00:25:05,547 to wear to their depositions. 633 00:25:05,591 --> 00:25:10,378 Very impressive cross-examination, Chunk.Thank you. 634 00:25:10,421 --> 00:25:12,467 I'm glad you think so, Counselor. 635 00:25:12,511 --> 00:25:16,558 Mr. Palmer, the next time I tell you to ask for a short recess, 636 00:25:16,602 --> 00:25:18,429 ask for a short recess. 637 00:25:18,473 --> 00:25:20,127 Bull, the man did great. 638 00:25:20,170 --> 00:25:22,042 And then we will go out into the hall, 639 00:25:22,085 --> 00:25:24,044 you will share your thoughts, I will share my thoughts, 640 00:25:24,087 --> 00:25:26,046 and Mr. Colón, who is not yet the city's D.A., 641 00:25:26,089 --> 00:25:27,438 will offer his point of view, 642 00:25:27,482 --> 00:25:29,615 and then I will decide what we are going to do. 643 00:25:29,658 --> 00:25:33,183 Do we all understand each other? 644 00:25:33,227 --> 00:25:35,751 Well, I understand what you're saying, 645 00:25:35,795 --> 00:25:37,840 but I don't know why you're saying it. 646 00:25:37,884 --> 00:25:40,321 Because you got lucky, Chunk. 647 00:25:40,364 --> 00:25:42,323 We walked into court today knowing very little 648 00:25:42,366 --> 00:25:43,542 about that doctor. 649 00:25:43,585 --> 00:25:45,631 We didn't even know why she was testifying. 650 00:25:45,674 --> 00:25:47,807 She could have just as easily answered your question 651 00:25:47,850 --> 00:25:50,592 that it was her medical skill that kept that man alive 652 00:25:50,636 --> 00:25:52,420 for eight days, and it would have been 20 653 00:25:52,463 --> 00:25:54,204 had our client not used a REBOA. 654 00:25:54,248 --> 00:25:56,467 But she didn't say any of that, did she? 655 00:25:56,511 --> 00:25:58,469 Don't confuse luck with skill. 656 00:25:58,513 --> 00:25:59,775 I'm not confused. 657 00:25:59,819 --> 00:26:01,429 I took a shot and it paid off. 658 00:26:01,472 --> 00:26:03,474 Well, we don't take shots with other people's lives 659 00:26:03,518 --> 00:26:05,607 and livelihoods, and we don't ask questions 660 00:26:05,651 --> 00:26:07,217 we don't know the answers to. 661 00:26:07,261 --> 00:26:09,742 And we certainly don't ignore the opportunity 662 00:26:09,785 --> 00:26:12,614 to compare notes with two people whose combined experience 663 00:26:12,658 --> 00:26:15,748 equals almost as much time as you've been on the planet. 664 00:26:19,316 --> 00:26:21,362 He's running for office, you're going rogue. 665 00:26:23,712 --> 00:26:25,192 Believe me, I'd go to court 666 00:26:25,235 --> 00:26:28,064 and ask the questions myself if I could. [scoffs] 667 00:26:37,030 --> 00:26:38,814 Sorry. Sorry, sorry. 668 00:26:38,858 --> 00:26:40,860 I couldn't get a cab. I ended up taking the subway. 669 00:26:40,903 --> 00:26:42,731 And forgive me, I never got a chance 670 00:26:42,775 --> 00:26:45,647 to tell you how impressive you were yesterday, 671 00:26:45,691 --> 00:26:46,779 cross-examining that doctor from San Antonio. 672 00:26:46,822 --> 00:26:49,129 Thank you. Just got lucky. 673 00:26:49,172 --> 00:26:50,826 KINSEY: Whatever. It worked. 674 00:26:50,870 --> 00:26:52,915 So, what does today hold? 675 00:26:52,959 --> 00:26:55,178 That's what we're here to ask you. 676 00:26:55,222 --> 00:26:57,920 The first witness up today is Nurse Darna Bautista. 677 00:26:57,964 --> 00:27:00,619 Now, she worked with you the night that Mr. Watkins died. 678 00:27:00,662 --> 00:27:02,272 Any idea what she's gonna say? 679 00:27:02,316 --> 00:27:04,797 [scoffs] That I'm a bitch. 680 00:27:04,840 --> 00:27:06,712 She idolizes Dr. Park. 681 00:27:06,755 --> 00:27:08,409 When I said I wasn't gonna do things 682 00:27:08,452 --> 00:27:10,933 in exactly the way... in exactly the order 683 00:27:10,977 --> 00:27:12,761 that Dr. Park indicated, 684 00:27:12,805 --> 00:27:14,633 she looked like she was gonna have a stroke. 685 00:27:14,676 --> 00:27:16,765 When you say she idolizes Dr. Park, 686 00:27:16,809 --> 00:27:17,897 what does that mean? 687 00:27:17,940 --> 00:27:19,725 They were friends? Lovers? 688 00:27:19,768 --> 00:27:21,509 No, I don't think so. 689 00:27:21,552 --> 00:27:24,555 I just know she thinks he walks on water. 690 00:27:24,599 --> 00:27:27,036 Nurse Bautista, you were one of the ER nurses 691 00:27:27,080 --> 00:27:29,560 working at Mercy the evening of the shooting? 692 00:27:29,604 --> 00:27:30,866 Yes, I was. 693 00:27:30,910 --> 00:27:32,999 I was providing care for Ryan Watkins. 694 00:27:33,042 --> 00:27:35,218 First under the supervision of Dr. Park, 695 00:27:35,262 --> 00:27:37,743 and then under the supervision of Dr. Kinsey. 696 00:27:37,786 --> 00:27:40,615 And did you have occasion to tell Dr. Kinsey 697 00:27:40,659 --> 00:27:42,095 anything about her patient? 698 00:27:42,138 --> 00:27:43,531 I did. 699 00:27:43,574 --> 00:27:45,620 I'm guessing you're talking about 700 00:27:45,664 --> 00:27:47,100 normal medical information 701 00:27:47,143 --> 00:27:50,364 that a doctor might expect a nurse to provide. Yes. 702 00:27:50,407 --> 00:27:54,020 But I also shared something else with her. 703 00:27:54,063 --> 00:27:56,413 Something I shouldn't have shared. 704 00:27:56,457 --> 00:27:58,677 Something that wasn't true, 705 00:27:58,720 --> 00:28:00,026 although I didn't know it at the time. 706 00:28:00,069 --> 00:28:01,418 What did she say to you? 707 00:28:01,462 --> 00:28:03,943 I honestly don't know. Nothing beyond the usual. 708 00:28:03,986 --> 00:28:05,945 GROSSMAN: And what was that? 709 00:28:05,988 --> 00:28:10,123 You have to understand, it was chaos that night. 710 00:28:10,166 --> 00:28:12,778 There was all kinds of misinformation flying around. 711 00:28:12,821 --> 00:28:14,823 At one point we heard there were three gunmen. 712 00:28:14,867 --> 00:28:16,303 At another point, somebody wrote a tweet 713 00:28:16,346 --> 00:28:19,001 that the shooting was a terrorist operation. 714 00:28:19,045 --> 00:28:21,482 We understand how stressful this situation 715 00:28:21,525 --> 00:28:23,658 must have been for you, Ms. Bautista, 716 00:28:23,702 --> 00:28:25,442 but what is it 717 00:28:25,486 --> 00:28:27,053 you said to Dr. Kinsey? 718 00:28:28,097 --> 00:28:30,578 When EMS brought in Mr. Watkins 719 00:28:30,621 --> 00:28:33,973 into the ER that night... 720 00:28:34,016 --> 00:28:39,500 I was led to believe that he, um, Mr. Watkins... 721 00:28:39,543 --> 00:28:40,893 was the shooter. 722 00:28:42,111 --> 00:28:44,940 And you shared that with Dr. Kinsey? 723 00:28:44,984 --> 00:28:46,246 Yes, I did. 724 00:28:46,289 --> 00:28:47,769 Obviously, I don't know if that 725 00:28:47,813 --> 00:28:51,033 had anything to do with Dr. Kinsey's decision, 726 00:28:51,077 --> 00:28:52,600 but I know it would have affected me 727 00:28:52,643 --> 00:28:54,167 if I had been in her shoes. 728 00:28:54,210 --> 00:28:56,038 Objection. The witness is speculating, 729 00:28:56,082 --> 00:28:57,083 offering her opinion. 730 00:28:57,126 --> 00:28:59,346 Sustained. Jury will ignore. 731 00:28:59,389 --> 00:29:02,915 GROSSMAN: So, Nurse Bautista, in a situation like this, 732 00:29:02,958 --> 00:29:05,831 is it a doctor's job to determine 733 00:29:05,874 --> 00:29:10,357 whose life is more valuable, who deserves to be saved? 734 00:29:10,400 --> 00:29:14,056 Your Honor, opposing counsel is soliciting the witness's opinion 735 00:29:14,100 --> 00:29:15,405 using different phrasing. 736 00:29:15,449 --> 00:29:17,277 Sustained. Ms. Grossman, 737 00:29:17,320 --> 00:29:20,280 the ice is paper-thin where you're standing. 738 00:29:20,323 --> 00:29:21,803 You understand me? 739 00:29:21,847 --> 00:29:24,023 I do, Your Honor, and I withdraw the question. 740 00:29:24,066 --> 00:29:25,676 No further questions. 741 00:29:25,720 --> 00:29:27,896 I promise you, I have no recollection of anyone saying 742 00:29:27,940 --> 00:29:29,463 that any of the people we were trying to save 743 00:29:29,506 --> 00:29:30,594 that night might have been the shooter. 744 00:29:30,638 --> 00:29:32,031 I know, I know. 745 00:29:32,074 --> 00:29:34,076 Ask for a short recess. 746 00:29:36,078 --> 00:29:39,647 Okay, we basically have two choices. 747 00:29:39,690 --> 00:29:42,606 We can go back in there and say we have 748 00:29:42,650 --> 00:29:44,695 no more questions for the nurse 749 00:29:44,739 --> 00:29:47,220 and start our case by putting on Dr. Kinsey. 750 00:29:47,263 --> 00:29:48,656 That's a horrible choice. 751 00:29:48,699 --> 00:29:50,397 Or we go back in there and say we have no questions 752 00:29:50,440 --> 00:29:52,791 for the nurse and rest our case as well, 753 00:29:52,834 --> 00:29:55,054 and stake everything on closing arguments. 754 00:29:55,097 --> 00:29:58,709 Oh, my God, so we're just... giving up? 755 00:29:58,753 --> 00:30:00,755 With all due respect, Dr. Bull, 756 00:30:00,799 --> 00:30:02,409 but why wouldn't you want me to go back in there 757 00:30:02,452 --> 00:30:03,845 and grill that nurse? 758 00:30:03,889 --> 00:30:05,412 Get her to admit that she never said those things. 759 00:30:05,455 --> 00:30:07,240 And how are you gonna do that? 760 00:30:07,283 --> 00:30:10,678 How are you going to prove someone didn't say something? 761 00:30:10,721 --> 00:30:13,202 How are you gonna prove a negative? 762 00:30:13,246 --> 00:30:15,074 It's just gonna be her word against ours, 763 00:30:15,117 --> 00:30:17,511 and no one is accusing her of having allowed someone to die. 764 00:30:17,554 --> 00:30:19,861 But we can't let that jury think that 765 00:30:19,905 --> 00:30:21,907 what that nurse said is the truth. 766 00:30:23,909 --> 00:30:26,085 That's why we're gonna put Dr. Kinsey on the stand. 767 00:30:26,128 --> 00:30:28,870 You can deny having heard it. 768 00:30:28,914 --> 00:30:30,263 And, yes, 769 00:30:30,306 --> 00:30:33,048 it will still be your word against the nurse's, 770 00:30:33,092 --> 00:30:36,051 but at least we will have answered the accusation. 771 00:30:36,095 --> 00:30:38,010 It will be on the record. 772 00:30:38,053 --> 00:30:40,186 And then we will get you off the stand 773 00:30:40,229 --> 00:30:42,884 as quickly as possible and move on to closing arguments. 774 00:30:42,928 --> 00:30:45,452 So, wait, there are no other witnesses? 775 00:30:45,495 --> 00:30:47,541 What about the people I saved that night? 776 00:30:47,584 --> 00:30:49,456 Their family members.BULL: No. 777 00:30:49,499 --> 00:30:52,111 The second we swear them in, opposing counsel will challenge 778 00:30:52,154 --> 00:30:56,028 on the basis of relevance, and we will lose. 779 00:30:56,071 --> 00:30:57,812 Because your ability to help them 780 00:30:57,856 --> 00:31:01,076 isn't relevant to the question of whether you were reckless 781 00:31:01,120 --> 00:31:03,296 in your treatment of Mr. Watkins. 782 00:31:04,427 --> 00:31:07,126 I'm sorry, it just isn't. 783 00:31:07,169 --> 00:31:08,475 CHUNK: Dr. Kinsey, 784 00:31:08,518 --> 00:31:11,130 do you recall Nurse Bautista telling you 785 00:31:11,173 --> 00:31:15,177 that Ryan Watkins, the man whose life you were trying to save, 786 00:31:15,221 --> 00:31:17,658 was in fact the man who killed 38 people 787 00:31:17,701 --> 00:31:20,008 at the "We Are All from Somewhere Else" demonstration? 788 00:31:20,052 --> 00:31:25,057 No. I have no recollection of that. None. 789 00:31:25,100 --> 00:31:28,495 And for what it's worth, had she told me, 790 00:31:28,538 --> 00:31:31,150 it would have made no difference in my decision-making 791 00:31:31,193 --> 00:31:34,109 with regard to Mr. Watkins' care that night. 792 00:31:34,153 --> 00:31:36,024 It's my job to help people, 793 00:31:36,068 --> 00:31:38,592 not to judge them. 794 00:31:38,635 --> 00:31:42,291 So tell us, why'd you do what you did? 795 00:31:42,335 --> 00:31:45,425 Why'd you defy your superior and decide to work 796 00:31:45,468 --> 00:31:47,906 on someone else first? 797 00:31:48,950 --> 00:31:50,604 Once Dr. Park left 798 00:31:50,647 --> 00:31:53,650 and I had a chance to examine Mr. Watkins for myself, 799 00:31:53,694 --> 00:31:57,219 I realized, he was really far gone. 800 00:31:57,263 --> 00:31:59,700 The likelihood of us saving him that night 801 00:31:59,743 --> 00:32:02,964 in the OR was slim at best. 802 00:32:03,008 --> 00:32:05,836 It was also clear to me that whatever we did, 803 00:32:05,880 --> 00:32:08,056 it was going to take hours. 804 00:32:08,100 --> 00:32:09,797 So when I saw that young woman, 805 00:32:09,840 --> 00:32:12,669 and realized with about a half an hour 806 00:32:12,713 --> 00:32:16,238 I could get her to a place where she could pull through... 807 00:32:18,327 --> 00:32:21,722 I... I had no choice. 808 00:32:21,765 --> 00:32:25,726 And what did Dr. Park say later on that night 809 00:32:25,769 --> 00:32:29,512 when he found out that Mr. Watkins didn't make it? 810 00:32:29,556 --> 00:32:32,385 I actually didn't see Dr. Park the rest of the night. 811 00:32:32,428 --> 00:32:35,040 I mean, there were literally hundreds of people 812 00:32:35,083 --> 00:32:37,781 seeking treatment; I was pretty much on my own. 813 00:32:37,825 --> 00:32:39,566 So working on your own, 814 00:32:39,609 --> 00:32:42,003 without any supervision, 815 00:32:42,047 --> 00:32:45,964 how many people did you personally save that night? 816 00:32:46,007 --> 00:32:50,577 I... I'm not really sure how you would define "saved." 817 00:32:50,620 --> 00:32:53,232 How many people would have died that night 818 00:32:53,275 --> 00:32:54,973 without you having treated them? 819 00:32:55,016 --> 00:32:58,150 At least five that I'm aware of. 820 00:32:58,193 --> 00:33:00,195 CHUNK: Five. 821 00:33:00,239 --> 00:33:02,981 No further questions, Your Honor. 822 00:33:03,024 --> 00:33:05,026 RAND: Very well. 823 00:33:05,070 --> 00:33:07,898 Does the plaintiff have any questions for the witness? 824 00:33:07,942 --> 00:33:10,336 I do, Your Honor. 825 00:33:10,379 --> 00:33:11,511 Just one. 826 00:33:11,554 --> 00:33:13,078 So... 827 00:33:13,121 --> 00:33:17,517 you believe that you saved five lives that night? 828 00:33:19,388 --> 00:33:21,782 And how many do you believe you lost? 829 00:33:21,825 --> 00:33:23,740 CHUNK: Objection! 830 00:33:23,784 --> 00:33:25,742 Asked and answered. 831 00:33:25,786 --> 00:33:28,484 Never mind. I withdraw the question. 832 00:33:35,013 --> 00:33:37,885 On August 25th, as hundreds of people 833 00:33:37,928 --> 00:33:40,322 prepared to defy the COVID virus 834 00:33:40,366 --> 00:33:42,020 and stage a mass protest of our government's 835 00:33:42,063 --> 00:33:44,761 policies towards people born in other countries 836 00:33:44,805 --> 00:33:46,415 who dream of better lives in America... 837 00:33:46,459 --> 00:33:48,548 I think you're gonna turn the jury off. 838 00:33:48,591 --> 00:33:49,810 These images are so disturbing, 839 00:33:49,853 --> 00:33:51,594 I can't even hear what Chunk is saying. 840 00:33:51,638 --> 00:33:52,987 CHUNK: ...on these shores...Chunk. 841 00:33:53,031 --> 00:33:57,383 Marissa is worried that the images are too violent, 842 00:33:57,426 --> 00:33:59,124 that they're gonna turn the jury off. 843 00:33:59,167 --> 00:34:01,082 Well, I disagree. 844 00:34:01,126 --> 00:34:04,085 The more graphic, the more in your face, the better. 845 00:34:04,129 --> 00:34:06,087 See, you're trying to make the jury understand 846 00:34:06,131 --> 00:34:07,828 what it must have been like for Dr. Kinsey, 847 00:34:07,871 --> 00:34:09,786 standing in the middle of all that, 848 00:34:09,830 --> 00:34:12,920 trying to save as many lives as possible. 849 00:34:12,963 --> 00:34:14,704 Do you do what you're told 850 00:34:14,748 --> 00:34:16,271 or do you do what you know is right? 851 00:34:16,315 --> 00:34:18,534 I second that.Yeah, but you're 852 00:34:18,578 --> 00:34:21,102 ex-law enforcement. You've seen a lot of blood and guts 853 00:34:21,146 --> 00:34:23,496 in your life. I mean, we've got a nursery school teacher 854 00:34:23,539 --> 00:34:25,280 on the jury. A seminary student... 855 00:34:25,324 --> 00:34:26,368 Wait a minute. 856 00:34:26,412 --> 00:34:27,674 [clears throat] 857 00:34:27,717 --> 00:34:30,372 Taylor, back it up about 30 seconds. 858 00:34:34,246 --> 00:34:37,510 Okay, okay. Stop it right there. 859 00:34:37,553 --> 00:34:40,643 Isn't this the guy who testified against our client? 860 00:34:40,687 --> 00:34:43,559 Told our client to operate on Ryan Watkins first? 861 00:34:43,603 --> 00:34:44,995 Her direct superior? 862 00:34:45,039 --> 00:34:47,085 Yeah, that's him. That's Dr. Park. 863 00:34:47,128 --> 00:34:49,261 Watch what he does. Unfreeze it, Taylor. 864 00:34:54,527 --> 00:34:56,964 BULL: Oh, freeze that. 865 00:34:57,007 --> 00:34:58,705 Weird thing to do. 866 00:34:58,748 --> 00:35:00,141 Especially in the middle of COVID. 867 00:35:00,185 --> 00:35:01,708 He knows her. 868 00:35:02,752 --> 00:35:03,927 CHUNK: 8:28 in the evening. 869 00:35:03,971 --> 00:35:06,626 About ten minutes after Dr. Kinsey arrived. 870 00:35:06,669 --> 00:35:09,716 And this is the patient that Dr. Park took to the OR 871 00:35:09,759 --> 00:35:12,762 when he told Dr. Kinsey to take care of Ryan. 872 00:35:14,024 --> 00:35:15,678 DANNY: Okay. 873 00:35:15,722 --> 00:35:16,679 I'm-I'm lost. 874 00:35:16,723 --> 00:35:17,680 That's two of us. 875 00:35:17,724 --> 00:35:19,595 What are you guys getting at? 876 00:35:19,639 --> 00:35:21,902 Well, we always said this was a case about lifeboat ethics, 877 00:35:21,945 --> 00:35:25,297 we just didn't know there was a whole other boat involved. 878 00:35:25,340 --> 00:35:26,733 [scoffs] 879 00:35:28,213 --> 00:35:30,302 Between now and tomorrow morning, 880 00:35:30,345 --> 00:35:31,912 I need you to find out everything that you can 881 00:35:31,955 --> 00:35:33,261 about that woman on the gurney. 882 00:35:34,697 --> 00:35:36,786 I'll be damned if I go back into that courtroom 883 00:35:36,830 --> 00:35:39,441 and ask a question I don't already know the answer to. 884 00:35:41,356 --> 00:35:42,705 Your Honor, 885 00:35:42,749 --> 00:35:43,924 with your permission-- 886 00:35:43,967 --> 00:35:46,056 I know that we already rested our case-- 887 00:35:46,100 --> 00:35:48,189 but before we begin closing arguments, 888 00:35:48,233 --> 00:35:49,886 the defense would like to call 889 00:35:49,930 --> 00:35:51,497 one last witness. Actually, 890 00:35:51,540 --> 00:35:52,846 we would like to recall 891 00:35:52,889 --> 00:35:54,326 one last witness. 892 00:35:54,369 --> 00:35:57,807 If Dr. Park could take the stand. 893 00:35:57,851 --> 00:35:59,331 Dr. Park, I appreciate you 894 00:35:59,374 --> 00:36:02,464 coming in last minute to testify in court today. 895 00:36:02,508 --> 00:36:05,337 Now, I have to be honest with you, 896 00:36:05,380 --> 00:36:06,990 I need your help. 897 00:36:07,034 --> 00:36:11,256 I've actually never served on a medical malpractice case before. 898 00:36:11,299 --> 00:36:12,779 And I'd be dishonest 899 00:36:12,822 --> 00:36:14,607 with you if I told you that I had 900 00:36:14,650 --> 00:36:16,957 any understanding whatsoever 901 00:36:17,000 --> 00:36:18,698 of medical ethics. 902 00:36:18,741 --> 00:36:20,047 How it all works. 903 00:36:20,090 --> 00:36:22,136 What it means. Now, you, 904 00:36:22,180 --> 00:36:24,704 as the head surgeon at Mercy Hospital, 905 00:36:24,747 --> 00:36:28,229 this is something you know a lot about, am I right? 906 00:36:29,274 --> 00:36:31,624 Actually, I've written a number of papers, 907 00:36:31,667 --> 00:36:35,018 presided over a number of seminars on the topic, yes. 908 00:36:35,062 --> 00:36:36,150 CHUNK: So... 909 00:36:36,194 --> 00:36:38,065 baseline question. 910 00:36:38,108 --> 00:36:42,287 What happens when doctors let their personal feelings 911 00:36:42,330 --> 00:36:44,637 get in the way of treating a patient? 912 00:36:45,942 --> 00:36:48,380 Well, all kinds of bad things can happen. 913 00:36:48,423 --> 00:36:50,556 Physicians have been known to freeze, 914 00:36:50,599 --> 00:36:52,601 to second-guess themselves. 915 00:36:52,645 --> 00:36:57,780 But I guess the biggest concern you see and hear about 916 00:36:57,824 --> 00:37:00,000 is doctors making bad calls 917 00:37:00,043 --> 00:37:01,610 because they're not thinking clearly. 918 00:37:01,654 --> 00:37:03,830 They're not thinking critically. 919 00:37:03,873 --> 00:37:05,484 Thank you. 920 00:37:05,527 --> 00:37:06,702 Thank you, Dr. Park. 921 00:37:06,746 --> 00:37:09,662 Thanks for clearing that up for me. 922 00:37:09,705 --> 00:37:10,967 Oh. 923 00:37:13,143 --> 00:37:16,451 Actually, just one last thing. 924 00:37:17,539 --> 00:37:21,456 [sighs] When they brought Ryan Watkins in that night, 925 00:37:21,500 --> 00:37:23,980 how many patients did they bring in with him? 926 00:37:26,156 --> 00:37:28,071 Including Ryan, three. 927 00:37:28,115 --> 00:37:30,291 He and two others.Okay. 928 00:37:30,335 --> 00:37:32,772 So we know that you told Dr. Kinsey 929 00:37:32,815 --> 00:37:35,862 to operate on Ryan Watkins first. 930 00:37:35,905 --> 00:37:38,038 Now, that person she actually chose to treat, 931 00:37:38,081 --> 00:37:39,561 did she come in with Ryan? 932 00:37:39,605 --> 00:37:40,606 Yes. 933 00:37:40,649 --> 00:37:42,042 And what about the third? 934 00:37:42,085 --> 00:37:44,740 Did we ever hear about what happened to the third? 935 00:37:45,872 --> 00:37:48,875 I took her up to the OR for immediate surgery. 936 00:37:48,918 --> 00:37:50,180 I see. 937 00:37:50,224 --> 00:37:52,792 And-and what was the extent of her injuries? 938 00:37:52,835 --> 00:37:55,011 She had been shot in the shoulder. 939 00:37:55,055 --> 00:37:57,318 CHUNK: And would you say that her injuries were 940 00:37:57,362 --> 00:37:59,712 more urgent than the abdominal gunshot wound 941 00:37:59,755 --> 00:38:01,801 suffered by Ryan Watkins? 942 00:38:01,844 --> 00:38:06,284 Or the hemopneumothorax that Dr. Kinsey treated? 943 00:38:10,853 --> 00:38:12,115 Dr. Park? 944 00:38:12,159 --> 00:38:14,683 I need you to answer the question. 945 00:38:15,815 --> 00:38:18,121 No. I would not say her injuries 946 00:38:18,165 --> 00:38:20,733 were more urgent than those sustained 947 00:38:20,776 --> 00:38:22,822 by the two patients you asked me about. 948 00:38:22,865 --> 00:38:24,389 That's odd. 949 00:38:24,432 --> 00:38:27,653 So if her injuries were less than severe, 950 00:38:27,696 --> 00:38:30,917 why did you decide to operate on her first? 951 00:38:35,182 --> 00:38:38,533 Dr. Park, did you know the patient that you worked on? 952 00:38:41,057 --> 00:38:42,102 Yes. 953 00:38:43,321 --> 00:38:44,278 Personally? 954 00:38:44,322 --> 00:38:45,671 Yes. 955 00:38:49,631 --> 00:38:54,201 She's Nurse Bautista's 20-year-old daughter. 956 00:38:56,769 --> 00:38:58,336 My goddaughter. 957 00:38:59,598 --> 00:39:02,514 So is that why you treated her first? 958 00:39:04,907 --> 00:39:06,822 If you had not known that patient, 959 00:39:06,866 --> 00:39:09,390 if you had not let this affect you, 960 00:39:09,434 --> 00:39:12,132 who would you have taken up to that operating room? 961 00:39:14,917 --> 00:39:16,963 [voice breaking]: Ryan Watkins. 962 00:39:18,225 --> 00:39:20,749 CHUNK: So if there was 963 00:39:20,793 --> 00:39:23,056 an error in judgment that night, 964 00:39:23,099 --> 00:39:25,624 it was not Dr. Kinsey's, 965 00:39:25,667 --> 00:39:27,626 was it? 966 00:39:27,669 --> 00:39:29,802 No. It was not. 967 00:39:34,981 --> 00:39:37,723 [whispers]: I told you he was the right man for the job. 968 00:39:43,903 --> 00:39:45,687 CHUNK: Can you stop all that racket? 969 00:39:45,731 --> 00:39:48,211 Some of us are in the midst of our own private euphorias 970 00:39:48,255 --> 00:39:51,867 and you're ruining it with the sound of all this manual labor. 971 00:39:51,911 --> 00:39:53,129 Well, well, well. 972 00:39:53,173 --> 00:39:55,480 If it isn't Clarence Darrow.[Chunk chuckles] 973 00:39:55,523 --> 00:39:57,830 Hey. Congratulations again. 974 00:39:57,873 --> 00:39:59,397 You killed it today. 975 00:39:59,440 --> 00:40:00,876 [laughs] I did. 976 00:40:00,920 --> 00:40:02,356 BENNY: Yeah. 977 00:40:02,400 --> 00:40:05,315 What brings you out on this cold and wintery night? 978 00:40:05,359 --> 00:40:07,840 Couldn't sleep. 979 00:40:07,883 --> 00:40:10,538 I'd close my eyes and I'd keep seeing 980 00:40:10,582 --> 00:40:12,801 the jury handing down that verdict. 981 00:40:12,845 --> 00:40:14,324 That look of satisfaction 982 00:40:14,368 --> 00:40:16,849 and pride on Bull's face. [chuckles] 983 00:40:16,892 --> 00:40:19,373 The gratitude on Dr. Kinsey's. 984 00:40:19,417 --> 00:40:22,898 I'm a grown man and it is embarrassing to be this much 985 00:40:22,942 --> 00:40:25,553 in love with what you do for a living, you know? 986 00:40:25,597 --> 00:40:30,340 Anyway, I, uh, I got out, took a walk. 987 00:40:30,384 --> 00:40:31,864 Tried to clear my head. 988 00:40:31,907 --> 00:40:33,822 Walked across the bridge when suddenly I realized, 989 00:40:33,866 --> 00:40:35,345 I might die of frostbite 990 00:40:35,389 --> 00:40:38,218 and I'm in desperate need of a clean bathroom. 991 00:40:38,261 --> 00:40:40,133 Mention my name, you get a good seat. 992 00:40:40,176 --> 00:40:41,482 I already did. 993 00:40:41,526 --> 00:40:43,005 [laughs] 994 00:40:44,485 --> 00:40:49,185 You know, the other night in Bull's SUV? 995 00:40:49,229 --> 00:40:51,449 I was ready to quit. 996 00:40:51,492 --> 00:40:54,452 Mm. I figured. 997 00:40:54,495 --> 00:40:56,845 I've been ready to quit about a half a dozen times 998 00:40:56,889 --> 00:40:57,977 over the years. 999 00:40:58,020 --> 00:40:59,108 Really? 1000 00:40:59,152 --> 00:41:01,067 What stopped you? 1001 00:41:02,111 --> 00:41:03,896 I don't know. 1002 00:41:03,939 --> 00:41:06,855 I get one foot out the door, 1003 00:41:06,899 --> 00:41:09,945 and then I realize he was mostly right 1004 00:41:09,989 --> 00:41:13,949 about whatever it was he was saying or talking about. 1005 00:41:13,993 --> 00:41:17,605 Plus, I think we make each other smarter. 1006 00:41:17,649 --> 00:41:18,954 Better. 1007 00:41:21,130 --> 00:41:25,004 He's a really, really smart dude, Chunk. 1008 00:41:25,047 --> 00:41:27,310 And I don't think he would want you around 1009 00:41:27,354 --> 00:41:30,096 if he didn't think you were a smart dude, too. 1010 00:41:32,968 --> 00:41:35,884 Congratulations again, Chunk. 1011 00:41:35,928 --> 00:41:37,451 Now, if you'll excuse me, 1012 00:41:37,495 --> 00:41:39,453 I got to finish my interior decorating 1013 00:41:39,497 --> 00:41:41,977 so I can go home and get some sleep. 1014 00:41:50,464 --> 00:41:51,944 [exhales] 1015 00:41:54,599 --> 00:41:57,558 Captioning sponsored by CBS 1016 00:41:57,602 --> 00:41:59,560 Captioned by Media Access Group at WGBH access.wgbh.org