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