Chapter 48: Depositions and Trial Prep

August 17, 1990, McKinley, Ohio

Just after lunch on Friday, Cathy called to let me know I could pick up the deposition summaries and the complete deposition by Mo Rafiq. From the summaries, it was absolutely clear what Arthur Braun's strategy at trial would be — that Paul Lincoln had been negligent in discharging Ken Webber, that Ross Burnside had been under the influence of alcohol, that Josh Flynn had negligently ignored the signs of malignant hyperthermia, and that Moore Memorial had negligently allowed me, an inexperienced physician, to assist with the surgery.

In one sense, I was relieved, as they weren't directly accusing me of any negligence or error, only the hospital for putting me on the surgical team before I was ready, and that was based largely on Mo Rafiq's deposition, but I didn't have time to read it, as the waiting room was nearly full, which was odd for a Friday afternoon in the middle of August. Gabby and I were extremely busy until just before 5:00pm, when things calmed down.

I used the opportunity to begin reading the deposition of Mo Rafiq, and it was clear almost immediately that the intent was, as I had suspected, to paint me as too inexperienced to participate as I had, but even more to try to discredit my testimony, not just due to inexperience, but due to favoritism by Doctor Ross and Doctor Cutter. None of that was good, but the lack of accusations of negligence or even error on my part meant I most likely wouldn't need representation.

Everything Mo Rafiq had said in his deposition was actually accurate, in terms of the typical training program for surgeons. The thing was, I wasn't a surgeon, at least not in terms of training programs. My program was different, and as such, there was no historical or typical training program.

I was reasonably certain that the attorneys for Ken Webber's family wouldn't walk into that kind of trap, so it was really a question of how best to present the training program. That decision was up to Leland and the outside counsel the hospital had retained. All I had to do was answer questions truthfully, and I was reasonably certain it would help the hospital. Of course, with Volstead & Braun, all bets were off, and we all had to be on our guard.

"How bad?" Ghost asked when he came into the lounge.

"Pretty much exactly as I expected. Mo Rafiq gave them plenty of ammo for their negligence claims regarding my training, but otherwise, it's mainly what we already knew. On the plus side for me, there are no specific claims, just an attempt to undermine my testimony. If you ask me, Paul Lincoln is likely going to be thrown under the bus, and possibly Ross Burnside, to try to get a settlement. Even though I disagree, I'm pretty sure the attorneys for Ken Webber's family would win a malpractice claim against Paul, and possibly against Ross."

"I thought they refused a settlement."

"They did, but Melody Coates, my personal attorney, thinks they'll decide to settle if they think I've swayed the jury in the hospital's favor. They can't win nearly as much if the jury thinks it's mainly on Paul. I don't think they have any evidence against Ross, but you never know. Either way, based on what Melody said, I suspect a settlement partway through the trial. From what every single attorney I've ever spoken to has said, no case is a slam dunk, and you could lose even when it appears you have an ironclad case."

"The one I've heard is that there are no 'Perry Mason' moments; that's TV fiction."

"I've heard that, too."

"Ghost? Mike?" Nurse Kellie said from the door to the lounge, "EMS four minutes out with a stabbing victim. We have Trauma 1."

"Gabby, let's go," I said.

"Len, come along," Ghost said.

A minute later, six of us, including Nurse Joan, were gowned, gloved, and goggled, and were waiting in the ambulance bay for the EMS squad. A minute later, the squad turned into the driveway, and about fifteen seconds later, pulled up in front of us. Curtis Schultz hopped out of the cab and gave the bullet.

"Warren Ingleman, thirty-one; transported from the jail; penetrating trauma to the right lower back; pulse 90; BP 70/50; PO₂ 98% on nasal cannula; respirations normal."

A Sheriff's Deputy climbed out of the back of the squad along with Ken Bouchard, and a few seconds later, a cruiser pulled up.

"Trauma 1!" Ghost ordered, then gave assignments to everyone as we rushed Mr. Ingleman to the trauma room.

"Shiv?" I asked.

"Yes," Curtis replied.

I suspected, strongly, that it had penetrated a kidney, which was typical for attacks with a shiv.

"One entry?"

"Yes."

We got Mr. Ingleman on the trauma table, and we began our assessment. He had lost quite a bit of blood, so I inserted a central line, and we ran in two units via the rapid infuser, which brought his blood pressure up and stabilized him enough to take him upstairs for emergency surgery.

I ate dinner with Abe Friedman from Pedes and Melinda Connor from OB/GYN, then completed my shift before heading home to spend time with Kris, Rachel, and Charlotte.

August 18, 1990, Monastery of the Dormition of the Mother of God, Rives Junction, Michigan

On Saturday, Kris and my daughters had accompanied me on the drive to visit the men at Southern Ohio Correctional Facility. They'd spent time at the park while I'd visited, then I dropped them at home and made the four-hour drive to the monastery. I arrived just after Vespers and had been shown to my room, which I'd share with a visitor from Chicago. I donned a simple black cassock, as I'd been instructed to do by Father Roman, and which was permitted by Bishop JOHN, then sought out Father Roman.

"Let's walk, if that's acceptable," he suggested.

"Very much so."

"First, how are your wife and your daughters?"

"Healthy and happy," I replied.

"Very good. Have you been attending services as regularly as your schedule permits?"

"Yes. The most recent modification allows me to attend Vespers on Saturday, and starting about two weeks from now, I'll be able to attend on Wednesdays as well. Feast days will continue to be a challenge."

"And you've been receiving the Eucharist regularly?"

"Yes."

"Is everything going well with your training despite the troubles at the hospital?"

"It is. In two weeks, I'll begin rotating between surgery and the Emergency Department and start receiving more intensive surgical training. I'll also have a better schedule."

"That's good. You mentioned that His Grace had asked you to teach Sunday School. Are you going to be able to do so?"

"Yes. I confirmed with Father Nicholas, and beginning in two weeks, I'll teach on the Holy Mysteries. I teach on those, along with the Seven Ecumenical Councils, about once every four to five years, which means most students hear those twice."

"What source do you use?"

"A mix of sources, but the bulk of the material comes from Schmemann and Lossky, plus what I've learned sitting at the feet of my priests and bishops."

"Good. What is most on your heart at the moment, Michael?"

"Not having enough time for my wife and my daughters," I replied. "I feel at times as if I'm neglecting them."

"Let's take what I would suggest is the easier one — Kristina knew, going into your marriage, what the demands of your calling would be, as did Elizaveta, correct?"

I nodded, "Yes. And she's said as much when I lamented feeling that I was neglecting them."

"Do you believe Kristina would lie or hide her true feelings?"

I chuckled, "No. I didn't marry a shrinking violet or a submissive woman either time. Nor do I have a daughter who is likely to ever be submissive in that way!"

"So, at least with regard to your wife, are you neglecting her, or are you both having to make accommodations to account for your medical training and her education?"

"Accommodating, of course."

"You say 'of course', and yet you feel as if you're neglecting her. I know you can identify the problem."

"I feel guilty for something that I shouldn't."

"Yes. Being concerned would be appropriate, and being watchful to ensure you don't fall into bad patterns of behavior is also appropriate. Feeling guilty in such a situation is not. Have you done anything intentionally, or even subconsciously, that could be classified as neglectful, given the context?"

"I don't believe so, but I'm not always aware of my own motives. And yes, I understand that when you say 'subconscious', you're referring to discerning an improper motive after the fact. I don't think I've had any improper motives."

"How should I then counsel you, Michael?"

"To love my wife with my whole heart, whole mind, whole body, and whole soul, and to demonstrate «agápē»."

"Then do it!" Father Roman said with a slight smile.

"Is it acceptable to say 'easier said than done'?"