First Do No Harm (Benjamin Davis Book Series, Book 1) (7 page)

Herman didn’t know much about English’s personal life, but he had heard the rumors. Although Herman regarded English as a friend, their relationship was more or less professional. Herman had heard bits and pieces of the English marital drama through his gossiping receptionist, Sheila. He knew that English’s most recent divorce transpired after his second wife,
Susan, found him in bed with the third and current Mrs. English, Joan. Herman wouldn’t be surprised if the first Mrs. English left under similar circumstances or if it was Susan who had been caught in the compromised position.

Herman was in sensitive territory, but that didn’t prevent him from making his sales pitch. Organizing his thoughts, he responded deliberately: “Lawyers and your ex-wives aren’t your problem. You need more money. Alimony, child support, and legal fees are the reality of your life. These are the costs of ten years’ worth of bad decisions. I think I have a solution to your problem. I’ve been doing some research. Gallbladders aren’t the only organ that can be removed laparoscopically. In California and New York, doctors have been removing appendixes laparoscopically for years. It will be just like removing gallbladders. The appendix is a useless organ and won’t be missed. I’ll screen and diagnose the patients, and you’ll perform the surgeries. The real beauty of an appendectomy is that it’s fully covered by insurance.”

His proposal would be a win-win for both parties. The more procedures English offered, the more referrals Herman could make. He made money from every surgery English performed. The plan was perfect.

Herman pressed English further. “We’ll send you down to Atlanta to take another three-day course to get your certification. When you come back, you’ll be the only general surgeon in Plains County who can perform a laparoscopic appendectomy. I’m thinking about buying a second ultrasound machine. Between gall-bladders, appendixes, and the OB-GYN’s practice, I think we can support a second machine. The quicker we
get the ultrasounds done, the quicker you can get them into surgery and we get paid. We’ll make money hand over fist, and your financial problems will soon be over.”

“A new machine isn’t cheap. Where are you going to get the hundred grand to pay for it?” asked English.

“I’ve sold some art that was gifted to me by a relative.”

“That must have been some piece of art if you can buy another machine.”

Herman wasn’t about to tell English about Uncle Wilhelm and his Nazi background and stolen art treasures. English was too unstable. “Charlie, don’t worry about how I get the money. All you need to know is that you’ll be doing twice as many surgeries and making twice the money.”

English jumped up and squeezed him so tightly that Herman couldn’t breathe. When he let go, Herman choked out, “I guess that means we have a deal.”

Sammie drove separately from her uncle to the Plains County Library in Davis’s convertible. She listened to a tape of Frank Sinatra and his daughter, Nancy, singing “Something Stupid,” while her long blonde ponytail flapped in the wind. She sang along, “… something stupid like I love you.” Like her mother, she fancied the Rat Pack singers: Sinatra, Martin, and her namesake, Sammy Davis Jr.

She arrived fifteen minutes before Littleton and her uncle and slipped into the back of the library. Her job was to observe the crowd during the presentation and later report the crowd’s reaction. Afterward, she was to help Bella collect the names, addresses, and telephone numbers of prospective clients. She was very excited about getting out of the office. She was sick of making copies and typing letters. This meeting and getting into the trenches with her uncle were not topics covered during her undergraduate study at the University of Florida or in paralegal school.

The local library looked dated, like something out of the 1960s or 1970s. There weren’t any computers in sight. Behind the circulation desk were small wooden file drawers, which housed the Dewey Decimal index cards.

The library reading room was set up with plastic chairs in neat rows, and it was almost filled to capacity. More than eighty people attended the meeting. Sammie took a seat and tried to blend in, which was easier said than done for her. Every male there was staring at the beautiful, well-built stranger.

The attendees began to grow restless as the clock chimed seven o’clock. Sammie looked around the room; there were a few people her age, but most of them were over forty. Overall, the group had a beaten-down look.

Bradley Littleton was seated next to her uncle on a small platform by the podium. Littleton acknowledged her with a wink, which made her skin crawl.

Davis had explained to her that because of Littleton’s connection to Patel and several other persons he met in the community, there was no choice but to keep Littleton involved in the malpractice cases. Littleton represented Dr. Patel, she was the advising expert for about two months, and she knew most of the people in the room and could help secure them as clients.

Littleton had filed an answer to the hospital’s complaint, a counterclaim for breach of contract, and claims of libel, slander, and discrimination against the hospital, Dr. Herman, and Dr. English in the Circuit Court of Plains County. Dr. Patel was his client, and she had access to and could obtain the malpractice cases, whether Davis liked it or not.

Sammie noticed an Indian woman in the back row and suspected that she was Dr. Patel. She made a mental note to introduce herself to the doctor at the conclusion of the meeting.

Littleton moved to the microphone, took a deep
breath, and addressed the crowd. He seemed nervous as he introduced himself and Davis as lawyers from Nashville.

“Mr. Davis and I are here tonight to discuss a very serious problem in your community, which is directly affecting the lives of you and your loved ones.

“For the past two years, there have been two doctors practicing medicine without regard for the welfare of their patients. These incompetent doctors are motivated by greed rather than by the principles of their Hippocratic Oath. They are profiting from their misdiagnoses and unnecessary tests, procedures, and surgeries.

“How many of you have been treated by Dr. Lars Herman? Let me see a show of hands.”

Approximately two-thirds of the people raised their hands.

“How many of you have had surgery performed by Dr. Charles English?”

Almost all of Dr. Herman’s patients raised their hands.

“Approximately two years ago, Dr. Herman and Dr. English came to Plainview. The hospital never verified their credentials. They applied for privileges at the hospital and were given whatever privileges they requested. The hospital was desperate for new doctors, and it cut corners. I’m sure you all remember when your community hospital went bankrupt. Most of the doctors who once treated this community disappeared overnight. For decades, the hospital had been owned and run by the local doctors who genuinely cared about this community. Now a faceless corporate outsider owns it.”

Sammie was not familiar with the story of how
Plainview Community Hospital went bankrupt, but she figured everybody else there knew how their community hospital went down the drain.

“When the hospital was sold, the new board cut the nursing staff in half. These discharged registered nurses were replaced with techs, most of whom did not have high school diplomas and were far less experienced. But they were cheap. With the less-qualified staff came less-qualified care. The board was concerned only with cutting costs in order to increase profits.”

The crowd reacted to the reference to “profits.” An obese woman stood and yelled loudly, “They kept operating on my mother until there was nothing left of her. Dr. Herman kept insisting he could make her better, but all he did was make it better for him and the hospital.”

Sammie thought the woman hit a nerve with the crowd, and several others made loud grumbling noises. The atmosphere changed drastically to one more like a revival meeting.

As Littleton continued his presentation, he stumbled a bit over his words: “Two years ago, the hospital was marginally profitable. Today, Plainview Community Hospital is flush with profits, through Dr. Herman’s and Dr. English’s unethical practices. What are these unethical practices? They perform unnecessary medical tests, procedures, and surgeries. This is how the hospital has dramatically increased its revenue. Profit was gained as Dr. Herman and Dr. English risked the lives of you and your families. Profits are why the hospital has turned a blind eye to Dr. Herman’s and Dr. English’s wrongful actions.”

People in the audience forgot about Littleton and
started chatting among themselves.

A young woman about twenty moved to stand in front of Littleton. Tears were running down both cheeks. “You all knew my sister, Irene. Dr. English lost her last March. She was just twenty-six and left behind a husband and two small children.”

An older man came up from the second row, put his arm around the young woman, and ushered her to the back of the room.

Littleton had lost control, so he sat down.

Sammie was concerned that the crowd was about to turn ugly; someone needed to gain control—fast.

Davis jumped to his feet, cupped his hands to his mouth, and produced a rebel yell. The crowd was familiar with that battle cry.

It may not have been the most professional thing to do
, Sammie thought,
but it got everybody’s attention and they stopped talking
.

Davis said, “I apologize for my weak Yankee attempt at your battle cry, but on behalf of Mr. Littleton and myself, I would like to thank you for attending this information session.”

Sammie noted that her uncle’s voice was deeper and more authoritative than Littleton’s; he sounded like a radio announcer and projected loudly enough to reach the back of the room. He was much taller, stood more erect, and generally carried himself better. She could tell that he immediately gained the trust of the crowd, the same way he secured the trust and confidence of a jury.

“The health and well-being of your community are at stake. Without health, you have nothing. We live in a dangerous world. With every breath we take, there are microbes and countless other foreign bodies that could
affect our health. If you farm, as I know many of you do, your hard work places you at risk every day for accidents, both minor ones and life-threatening ones. Heck, anytime you get in your car you’re at some risk that a fool not paying attention will run a red light or even worse that a drunk driver will cross the yellow line and plow right into you.”

Davis continued, “These are problems we have come to expect, and they’re part of life. But it’s different when men you’ve placed your trust in betray you. These physicians took an oath to protect this community, and they placed themselves and their wallets ahead of you. Unlike the drunk who crosses the yellow line, they weren’t all liquored up. They knew exactly what they were doing. They were stone-cold sober and stone-cold-hearted.”

Davis stopped and looked directly at Sammie, or at least she thought he did. She suspected that everyone there felt the same way: he was speaking directly to him or her. Her uncle cleared his throat, took a sip of water from a bottle hidden under the podium, loosened his tie, and unbuttoned his top button. He was establishing a relationship with the audience, becoming one of them. His piercing blue eyes scanned the crowd. Sammie did the same with her even deeper blue eyes and saw that he mesmerized the patients and their kin.

“Earlier, Mr. Littleton mentioned the hospital’s lax attitude when checking the backgrounds of new physicians. Dr. Herman went to medical school in Mexico, at the University of Mexico City. By law, because he was a foreign-trained physician, in order to practice medicine in the United States, Dr. Herman was required to pass a qualifying examination known as the
FLEX exam. This test certifies that foreign-trained doctors possess the minimal skills and knowledge to treat patients in the United States. The American Medical Association doesn’t want unsuspecting Americans to be treated by foreign-trained quacks. Dr. Herman, amazingly, failed the FLEX exam eight times before finally passing.”

Davis paused for effect. “Now everything I’ve just told you about Dr. Herman’s education, training, and FLEX exam results is a matter of public record. Why didn’t the hospital call and get those test results? And if they did, why did they grant privileges to Dr. Herman?”

After another pause, Davis turned his attention to English. “Dr. English attended Peterson University in the Dominican Republic. In 1985, Peterson University lost its accreditation as a medical school. The American Medical Association, after a thorough investigation, determined that Peterson had been issuing fraudulent medical degrees. This finding has been widely publicized throughout the general media and was also widely known throughout the medical community. I have here an article from the
New York Times
on August 31, 1985. It explains why Peterson was forced to close its medical school. Today, seven years later, Peterson University’s medical school remains closed. Dr. English graduated in 1982. His education and training were stated on his application for privileges at your hospital.”

Davis held up the application and told the audience that the document was a matter of public record, filed with the state. “Plainview Community Hospital should have conducted a serious investigation of Dr. English’s qualifications. It didn’t. The mere reference to Peterson on English’s application should have been a red flag.”

A tall redheaded gentleman stood and addressed the
audience, “I lost my job of ten years because of Dr. English’s botched surgery last year. Dr. Herman told me I had stones, and I needed my gallbladder out. They told me I’d be out of commission three days, but I couldn’t go back to work for almost a month. After three weeks my boss replaced me with a younger guy who’d take a lot less money. I’m still on unemployment, and the insurance company has paid English for the botched surgery but not for all the additional medical expenses I ran up after the surgery. It ain’t right.”