Jeffrey’s thoughts drifted back to the malpractice trial.
True to his word concerning its relevancy, Davidson brought the addiction issue back with further testimony that had been totally unexpected despite the discovery depositions. The first surprise came in the form of Regina
Vinson.
After the usual introductory questions, Davidson asked her if she had seen
Dr. Jeffrey Rhodes on the fateful day of Patty Owen’s death.
“I did,” Regina said, staring at Jeffrey.
Jeffrey knew Regina vaguely as one of the evening OR nurses. He didn’t remember seeing her on the day that Patty died.
“Where was Dr. Rhodes when you saw him?” Davidson asked.
“He was in the anesthesia alcove for operating room eleven,” Regina said, keeping her eyes directly on Jeffrey.
Again, Jeffrey had a premonition that something detrimental
to his case was c6ming, but he couldn’t guess what it would be. He remembered working in room eleven for most of the day. Randolph leaned over and asked in a hushed voice, “What is she leading up to?”
“I haven’t the foggiest,” Jeffrey whispered, unable to break eye contact with the nurse. What disturbed him was that he could sense real hostility in the woman.
“Did Dr. Rhodes see you?” Davidson asked.
“Yes,” Regina replied.
All at once, Jeffrey remembered. In his mind’s eye he saw the image of her startled face as she pulled the drape aside. The fact that he was sick that fateful day was something besides his addiction problem that he had failed to tell Randolph. He’d considered it, but had been afraid to tell him. At the time he thought of his behavior as evidence of his dedication and self-sacrifice. After the fact, he’d not been so sure. So he’d never told anyone. He started to reach for Randolph’s arm, but it was far too late.
Davidson was looking at the jurors, one after another, as he posed the next question: “Was there something strange about Dr. Rhodes being in the alcove of operating room eleven?”
“Yes,” Regina answered. “The curtain was closed and operating room eleven was not in use.”
Davidson kept his eyes on the jurors. Then he said, “Please tell the court what Dr. Rhodes was doing in the anesthesia alcove of the empty operating room with the drapes closed.”
“He was shooting up,” Regina said angrily. “He was injecting himself intravenously.”
An excited murmur rippled through the courtroom. Randolph turned to Jeffrey with a shocked expression. Jeffrey shook his head guiltily. “I can explain,” he said lamely.
Davidson went on. “What did you do after you saw Dr. Rhodes ‘shooting up’T’
“I went to the supervisor, who called the chief of anesthesia,” Regina said. “Unfortunately, the chief of anesthesia was not reached until after the tragedy.”
Immediately after Regina’s damaging testimony, Randolph had been able to get a recess. When he was alone with Jeffrey he demanded to know about this
“shooting-up” episode. Jeffrey confessed to having been ill that fateful day, and said that no one but he had been available for the delivery. He explained everything he’d done in order to keep working, including giving himself the IV and taking paregoric.
“What else haven’t you told me?” Randolph demanded angrily.
“That’s all,” Jeffrey said.
“Why didn’t you tell me this before?” Randolph snapped.
Jeffrey shook his head. In truth, he wasn’t completely sure himself. “I don’t know,” he said. “I have never liked admitting when I’m sick even to myself, much less anyone else. Most doctors are like that. Maybe it’s part of our defense about being around illness. We like to think we’re invulnerable.”
“I’m not asking for an editorial,” Randolph practically shouted. “Save it for the New England Journal of Medicine. I want to know why you couldn’t tell me, your lawyer, that you were seen ‘shooting up’ on the morning in question.”
“I guess I was afraid to tell you,” Jeffrey admitted. “I did everything possible for Patty Owen. Anyone can read the record and attest to that. The last thing I wanted to admit was that there could be a question of my having been in top form. Maybe I was afraid you wouldn’t defend me with the same intensity if you thought I was even remotely culpable.”