Chapter 62: Want a List?

November 16, 1989, McKinley, Ohio

"Bill Schmidt is pissed," Kellie said quietly when she arrived in the ED on Thursday morning.

"Well, he should have thought about what might happen before he slept with a medical student. I assume Mrs. Doctor Schmidt is nonplussed?"

"Supposedly demanded a divorce."

"Well, he made his bed..." I replied.

Kellie laughed, "I really hope she was worth it."

"Nobody, including you, could possibly be good enough to risk divorce and the loss of my medical license!"

"Are you sure about that?" Kellie asked with a sly smile and a twinkle in her eye.

"Positive! And neither of us will put ourselves in a position to test that theory."

"True," Kellie agreed.

"How was your deposition?" I asked.

"Other than having to name names, no big deal. I hate being a snitch, but Mr. Crowe said I couldn't refuse to answer."

"Which is the same thing my attorney said."

"Will you tell me why you hired your own attorney?"

"I'd prefer not to," I replied. "As I said to Mr. Crowe, it wasn't because I was doing anything wrong, nor because I'd had an inappropriate relationship, nor because I was aware of any illegal behavior beyond what was being alleged."

"Didn't want to let the cat out of the bag?" Kellie asked with a smirk. "Or something to do with a cat, anyway!"

I laughed, "No comment. Don't you have work?"

"I'm all yours!"

"Uh-huh," I said flatly. "Let's find Nicole and Sophia and see some patients!"

The morning was busy and went smoothly until just before 10:00am when Doctor Gibbs called me into her office.

"A complaint was filed against you with the Residency board," she said.

"For what?"

"Unethical behavior and defaming other physicians in your deposition."

"Bullshit. Who filed the complaint?"

"The individual asked to be anonymous."

"Of course they did. I told the truth in compelled testimony. I need to contact my attorney."

"I wouldn't do that," Doctor Gibbs advised. "Let the Residency Board proceed."

"Not a fucking chance," I replied. "First of all, the last thing they want is to start an adversarial action against me because the hospital will be in deep shit. You know it, I know it, and Northrup knows it. You'll excuse me, but I have to make a phone call."

"Mike..."

"What? I won't stand for a WORD of this being in any permanent record in any way, so unless you can, in writing, guarantee the complaint will both be rejected as unfounded AND all mention of it deleted, I'm calling my attorney."

"Shit," Doctor Gibbs sighed.

"What did you expect, Loretta? I didn't start this. In fact, if you and Doctor Northrup had followed my plan, we wouldn't be here! Yes, Krista Sandberg likely slept with a doctor to get a better grade, but what caused it to blow up was assigning her pure scut and ensuring I couldn't teach her. She would have failed legitimately, being given full opportunity. And none of this shit would have happened."

"So Mark King would get away with it?"

"Maybe, but we'd all be in better shape overall. I suggested changing the ethics code years ago when we expelled Gerald Kirby for missing the page because he was screwing. If Northrup had supported a rule change months ago, we might have avoided this entire mess. But, in the end, refusing to follow my advice made the entire situation worse. Hell, it nearly wrecked our relationship. Now, if you'll excuse me."

"Go," Doctor Gibbs sighed.

The consultation room was in use, so I let Ellie know I'd be out of the ED for a few minutes and went up to the surgical floor to use the Resident's office. Fortunately, Mary Wilson, who was sitting on the couch, wasn't busy and allowed me to use the office. I called Melody, and thankfully, she was available.

"What's up, Mike?" she asked when she came on the line.

"An anonymous complaint of unethical behavior and defamation was filed against me with the Residency Board."

"Anonymous?"

"Yes. I wasn't aware that was possible, but it apparently is."

"Do you have a copy of the complaint?"

"Not yet. Doctor Gibbs informed me of the complaint about ten minutes ago."

"Generally, sworn compelled testimony in a deposition or trial, so long as it's truthful, cannot be used against you. It's tricky with private organizations, but you work for a public hospital, which means there are Constitutional claims, though there is some latitude given in employer-employee relationships. Let me call Mr. Crowe and see what he says."

"It's vital that nothing appear in my file with regard to this."

"I understand. Do you have any idea who might have filed it?"

"The list of possibilities is long, but I'd say, in order of likelihood — Bill Schmidt, the ED Attending, Seth Rosenbaum, a Pediatrics Attending, and Mark King."

"Why Doctor Rosenbaum?"

"He's had it in for me since he saw me in my clerical robes during my first two years in med school."

"If I recall correctly, you didn't name Bill Schmidt except to say that's who the nurse identified, correct?"

"Yes. And Mark King is obviously named in Miss Sandberg's complaint."

"How can I reach you?"

"Call the ED and ask for me. I'll figure out a way to take the call in private."

"OK. Give me a few hours in case Mr. Crowe isn't available right away."

"OK."

We said 'goodbye', I hung up, left the office, thanked Mary, and headed back to the ED. My students and I treated four patients before Nate let me know I had a call. Fortunately, the consultation room was free, so I took it there.

"Mike Loucks."

"Mike, it's Melody. Mr. Crowe is very upset and said, and I'm quoting here, 'Do not do anything. I will quash it. Immediately.'"

"So long as nothing ends up in my file, that's fine."

"He promised it would not. He was more than a little upset, and I suspect that's because pissing you off would likely help Miss Sandberg's case even more."

"He's not wrong."

"Just sit tight, allow him to deal with it, and if you hear anything at all from anyone, call me before you say anything. Do not even discuss this with Clarissa. If you spread the information, that could be used against you."

"My lips are sealed. Even with Clarissa."

"Good. Keep it that way, Mike. I believe you'll come out of the situation just fine. The last thing the hospital wants is bad PR. That's why I think they'll work out a deal with Mark King to resign, admit having sex, deny changing her grade, and pay her off. He keeps his medical license, and the hospital and medical school pay a small amount to her."

"That does seem to be the best outcome, even if he ought to be punished further."

"And if she hadn't panicked and made her false claim against you, she'd still be a medical student and basically untouchable because she would simply have made a complaint about him. Imagine what would happen if she failed a rotation after making the claim."

"Nothing good, that's for sure."

"And the pressure would have been on the hospital to pass her, even if it meant fudging a bit, to avoid the easily winnable case that she was retaliated against. That might even lead to a writ restoring her position, which, if I understand correctly, would be a first in Ohio."

"And a nightmare for the medical profession, if the courts were in charge of medical training and licensing."

"They are, of course," Melody replied. "But precedent doesn't allow them to intervene. Until that one egregious case arises, and they do. That opens the floodgates."

"Libby Zion," I said.

"You say that as if I should know who that is."

"A case in New York where a pair of overworked Residents had a patient die on them has caused a major uproar. Fortunately, so far, it's all medical review and a civil case for damages. I bet the Residents survive this because everyone wants to avoid inviting the courts into medical training."

"I suspect you're right. I'll look up the case. Anyway, I need to go, I have to finish a brief that's due tomorrow. Sit tight and wait to hear from me or Mr. Crowe."

"Thanks, Melody! I owe you!"

"You'll receive my invoice, as I can't ethically collect any other way!"

We said 'goodbye', and I hung up, then returned to work. I had lunch, and we saw patients until 2:45pm when Mr. Crowe called and asked me to come to his office. I confirmed with Doctor Gibbs that it was OK to leave the ED, then went up to Mr. Crowe's office.

"Mike, I'm sorry that this happened. I've spoken to Doctor Rhodes, and he's directed the Resident Board to reject the complaint. There will be no further action taken."

"Do you know who filed the complaint?"

"No, I don't. There will be no investigation, and any complaints made against you or other staff with regard to this situation will be referred to my office before any action is taken."

"I'm going to guess from your comment I wasn't singled out."

"You were not. There were seven separate complaints lodged, all anonymous, against every Resident who gave a deposition. All of them have been quashed."

"In a way, it's good to hear it wasn't just me."

Mr. Crowe nodded, "Yours was the first received because you gave the first deposition, and so far as I can determine, you were the only one notified. Please, for both your sake and the sake of the hospital, do not discuss this with anyone. I spoke to Doctor Gibbs immediately before I called you and made it clear she's not to discuss it with anyone under any circumstances."

"Thank you, Mr. Crowe."

"You're welcome. I'm hoping we can dispose of this entire mess before it goes any further."

"Melody suspected you would make some kind of deal to, in effect, make it go away."

"She's very smart and a very good lawyer. I know about the deposition testimony rule for doctors because it's my job. Her take was unique, and it put Mr. Braun on his back foot. That's tough to do."

"I've tangled with him a few times," I replied. "He takes what appear to be obvious losing cases and finds a way to at least make them competitive."

"He's one of the best litigators in the state and has been looking for a chink in the armor of the medical profession for a decade. If he finds it, he'll be our worst nightmare."

"Wonderful. Nobody is perfect, and we've seen from this fiasco just how imperfect we are."

"Indeed. If you hear anything from anyone, please speak only to me or your attorney. I'd prefer you spoke to me first, but I completely understand if you want to go through Miss Coates."

"Thanks, Leland."

"You're welcome."

We shook hands, I left his office and returned to the ED. I wanted to be able to discuss everything with Clarissa, but I couldn't do that. I could, on the other hand, discuss it with Kris, as she had nothing to do with Moore Memorial Hospital and, as my wife, would never say anything to anyone else.

"Mike, EMS, three minutes out with a gunshot victim," Ellie said. "Doctor Gibbs needs you in the ambulance bay."

"On it!" I declared.

I gathered Sophia, Marv, and Kellie, and we gowned and gloved and joined Doctor Gibbs.

"Two in the chest," she said.

"LEOs or altercation?"

"No idea. Why?"

"LEOs are all using 9mm or .357 rounds, which do a heck of a lot more damage than a .22 or a .38 we typically see in altercations. Ask Perry about that if you want gory details of gunshot wounds."

"There's a reason I'm not in an ED in New York, Chicago, or LA!" Doctor Gibbs declared.

"Same here!" I agreed.

"Are those really that bad?" Marv asked.

"Speak to Perry Nielson," I said. "He worked at Cook County, which is the worst of the worst. Multiple gunshot victims per day, and often multiple at the same time. And stabbings, too."

"According to Bobby," Doctor Gibbs said, "there was a time when paramedics in Chicago would only go into certain areas accompanied by the equivalent of a SWAT team."

"That's nuts!" Sophia declared.

"Any questions as to why he's here?" I asked as the EMS squad turned into the driveway.

The squad pulled up, and Roy jumped out of the cab.

"Earl Grimes, forty-two; GSW times two right chest; BP 80/50; pulse 114; PO₂ 92% on five litres; GCS 6; unit of plasma in."

"Trauma 2!" Doctor Gibbs ordered. "Mike, chest tube!"

She gave other assignments, and we rushed Mr. Grimes to the trauma room. Sophia and Kellie assisted me with the chest tube and Thora-Seal, and once it was in, I called up for emergency surgery. Given the scheduled surgeries for the day had been completed, I didn't have a chance to scrub in, so Sophia, Marv, and I treated seven walk-ins before I took my usual dinner break with Shelly Lindsay and Leila Javadi.

"How did the GSW victim fare?" I asked.

"It was tricky because both bullets were lodged in his lung, but we got it. Any idea what happened?"

"Deputy Sommers said the husband shot the wife's lover after catching them 'in the act'."

"The number one reason we receive GSWs here," Shelly said, shaking her head.

"We still see more farm accidents than gunshots," I countered. "And let's hope it stays that way."

"I doubt it will," Leila said. "Drugs."

"When it was mostly pot with some coke and ecstasy, it wasn't too bad," I said. "But the LEOs are all talking about turf wars over the distribution of opioids and methamphetamine. That's going to get ugly. We're already seeing problems related to drug labs and how volatile and toxic the chemicals are with regard to methamphetamine. We're seeing an increase in overdoses as well, but it's not as if anyone could OD on pot."

"Not for lack of trying by some guys when I was in college!" Doctor Lindsay exclaimed.

"Where?" I asked.

"Kent State."

"You missed the shootings by five or six years?"

"Six. But pot was ubiquitous. There was a group that smoked opium, too, and some who dropped acid, but it was mostly pot by the time I graduated in 1980."

"Same with my High School," I said.

"Opium and hashish in Iran," Leila interjected. "The Opium came from Afghanistan."

"I think most of the world's opium does," I observed. "And that speaks volumes about the nature of the demand if it's cultivated in Afghanistan and makes it to Hayes County!"

"With synthetic opioids and meth, I can't see that lasting much longer, at least here," Shelly observed.

"And if it's manufacturing, not just distribution," I said, "that's going to increase violence, and the lack of need to transport it long distance is going to make it cheaper."

"Bad news," Shelly said.

"I agree," I said.

We finished our meal, and I headed back to the ED to finish my shift.

November 16, 1989, Circleville, Ohio

"Did you have a good day?" Kris asked when I arrived home on Thursday evening.

"We can discuss it after evening prayers, OK?"

"Yes."

I scooped up Rachel, kissed her forehead, and received a kiss on the cheek in return. The three of us went to the icon corner and said our evening prayers. When we finished, I read to Rachel, then we put her to bed. Once she was tucked in, Kris and I went downstairs, where she got a glass of wine, then came into the great room and sat next to me on the couch.

"So, work?"

"Medically, it was fine. The excitement was a cheating neighbor shot by an upset husband. I put in the chest tube but didn't get to scrub in. On the non-medical side, it had a very good chance of sucking, but things worked out."

"What?"

"Someone made an anonymous complaint to the Residency Board based on what I said in the deposition."

"Oh no! What happened?"

"I called Melody, she spoke to Mr. Crowe, and he spoke to the Medical Director, who quashed the complaint. I found out later that six other complaints had been filed. All of them were quashed."

"Do you have any idea who did it?"

"My strong belief is Mark King, though I wouldn't put it past Rosenbaum."

"And all this because you told the truth?"

"Yes. As I said to Doctor Gibbs, we could have avoided the entire mess if she and Doctor Northrup had listened to me. Krista most likely would have failed legitimately, and then she would have no actual recourse. Because they didn't treat her fairly, everything went to Hell. Sure, I had my part in it by confronting her about her lies, but none of that would have happened if they'd just assigned her to me and allowed me to teach her."

"What will happen to you?"

"Nothing. The one in real trouble is Mark King, though Bill Schmidt is in serious trouble because his wife now knows about the affair he had with Krista."

"I simply don't understand why a woman would prostitute herself that way!" Kris declared. "From everything you said, she was very smart. It's not the sex; it's the reason for the sex."

"I still wonder about that," I said. "Not that she slept with any Attendings, but that her grade was changed. It's almost impossible to fail an Internal Medicine rotation, and she had an average grade. That part just doesn't make any sense. If anything, it was the other way around — that he used the threat of failure to get her to sleep with him. In the end, though, it doesn't matter which way it happened because both of them will pay a heavy price."

"You don't think there's a difference?"

"There is, but it doesn't matter. He'll lose his job and possibly his medical license, and she won't be a doctor. The policy has changed, and further policy changes are coming."

"What could have happened if the complaint hadn't been quashed?"

"The Residency Board would conduct an investigation and determine the punishment, which could range from finding no fault to dismissal."

"This won't hurt you?"

"I don't think so," I replied. "I'm sure Bill Schmidt is pissed at me, but I wasn't the one who actually named him. And he has bigger problems with his wife."

"As he should! Will anything happen at work?"

"It's doubtful because no claims were made against him. At worst, I think he'll receive a lecture, but his real problem is the divorce."