“It was how my treatment counselor explained it to me,” Jeffrey shot back.
He could see Randolph frantically scratching again, but Jeffrey continued to ignore him. “The bicycle accident occurred at a time of deepening domestic strain. I was prescribed the morphine by an orthopedic surgeon. I convinced myself that I needed it longer than I actually did. But I realized what was happening in a few weeks’ time and I took sick leave from the hospital and volunteered for treatment. And also marriage counseling,
I might add.”
“During those weeks, did you ever administer anesthesia while…”
Davidson paused as if he were trying to think how to word his question while you were under the influence?”
“Objection!” Randolph called. “This line of questioning is ab surd! It’s nothing short,of calumny.”
The judge bent his head down to look over the top of his
glasses, which had slid down his nose. “Mr. Davidson,” he said patronizingly, “we’re back to the same issue. I trust that you have some cogent reason for this apparent excursion.”
“Absolutely, Your Honor,” Davidson said. “We intend to show that this testimony has a direct bearing on the case at hand.”
“Objection overruled,” the judge said. “Proceed.”
Davidson turned back to Jeffrey and repeated the question. He seemed to relish the phrase “under the influence.”
Jeffrey glared back at the plaintiff attorney. The one thing in his life that he was absolutely sure of was his sense of professional responsibility, competence, and performance. The fact that this man was suggesting something else infuriated him. “I have never compromised a patient,” Jeffrey snapped.
“That is not my question,” Davidson said.
Randolph got to his feet and said, “Your Honor, I would like to approach the bench.”
“As you wish,” the judge said.
Both Randolph and Davidson went up to the judge. Randolph was obviously incensed. He began talking in a hoarse whisper. Even though Jeffrey was only ten feet away, he could not hear the conversation clearly although he did hear the word “recess” mentioned several times. Eventually, the judge leaned back and looked at him.
64 Dr. Rhodes,” he said, “your counsel seems to think you need a rest. Is that true?”
“I don’t need any rest,” Jeffrey said angrily.
Randolph threw up his hands in frustration.
“Good,” the judge said. “Then let’s get on with this examination, Mr.
Davidson, so we can all get out for some lunch.”
,.All right, Doctor,” Davidson said. “Have you ever administered anesthesia under the influence of morphine?”
“There may have been one or two times…” Jeffrey began, “but–2′
“Yes or no, Doctor!” Davidson cut in. “A simple yes or no is all I want.”
“Objection!” Randolph called. “The counselor is not letting the witness answer the question.”
” Quite the contrary,” Davidson said. “It’s a simple question and I’m looking for a simple answer. Either yes or no.”
“Overruled,” the judge said. “The witness will have a chance to elaborate on cross-examination. Please answer the question, Dr. Rhodes.”
“Yes,” Jeffrey said. He could feel his blood boil. He wanted to reach out and strangle the plaintiff attorney.
“Since your treatment for your addiction to morphine..
Davidson began, walking away from Jeffrey. He emphasized the words
“addiction” and “morphine,” then paused. He stopped near the jury box, turned, then added: have you ever taken morphine again?”
“No,” Jeffrey said with forcefulness.
“Did you take morphine on the day you administered anesthesia to the unfortunate Patty Owen?”
“Absolutely not,” Jeffrey said.
“Are you sure, Dr. Rhodes?”
“Yesl” Jeffrey shouted.
“No more questions,” Davidson said, and he returned to his seat.
Randolph had done what he could on cross-examination, emphasizing that the addiction problem had been minor and shortlived, and that Jeffrey had never taken more than a therapeutic dose. Besides, Jeffrey had volunteered for treatment, had been certified “cured,” and had not been subjected to any disciplinary action. But despite these assurances, Jeffrey and Randolph had both felt his case had been dealt a death blow.
Just then, Jeffrey was brought back to the present by the sudden appearance of a uniformed court officer at the door to the jury room. His pulse shot up. He thought the jury was about to be announced. But the court officer made his way over to the door to thejudge’s chambers and disappeared.