Chapter 22: Overwhelming Evidence

Arrayed around a large conference table were a number of black, navy, and gray suit-wearing lawyers and insurance representatives. At one end sat Louise Yang in her cardinal red power suit, with Lara. Everyone around the table had the same folder containing copies of the reports from Dr. Russo and Dr. Young (the obstetrics expert) and a certified abstract of Lara’s medical records.

“Ladies and Gentlemen: We are required to hold this settlement conference before we go for a trial date, so let’s get to it,” Louise began.

The insurance for the anesthesiologist quickly submitted their $250,000 policy limit for that doctor. The company had dropped him once they saw Lara’s records and verified Dr. Young’s report.

Another insurer had a similar submission. Their $250,000 policy limit on the doctor who was responsible for Lara’s care (prior to the c section) was submitted without any argument or even comment.

Next up were the representatives for the medical center. Louise and Lara took a firm line with the-m, reflecting Lara’s concerns that other mothers were in danger or had been endangered by the Birthing Center. Louise’s research had revealed Lara’s experience was one of many examples of substandard care.

The experienced nurses in the unit had all been fired when they had filed patient safety complaints at the state department of health services and the national “Joint Commission on Accreditation of Healthcare Organizations” (JCAHO, now known simply as “The Joint Commission”).

Unfortunately, Lara’s admission happened after those firings but before the complaints could be acted on. Only days following her discharge, the medical center was compelled to make drastic changes throughout, or it would have been dis-accredited and lose funding.

Louise was aware of this, and forced the medical center to reveal documents showing the extensive changes and outside reviews sufficient to verify that a high standard of care was now available to the community. This was documented clearly and fully to allay Lara’s concerns.

Lara then agreed to an offer of $500,000 to settle with the medical center, conditioned on immediate payment.

Louise presented the settlement to the assigned judge and received approval. Within three weeks, * the entire million dollar settlement had been collected. Yang and Associates, LLP, took their agreed 35%, as a courtesy, they created a trust for the benefit of Lucy funded with $400,000 from the settlement, leaving $250,000 for Lana.