it's a shame about your husband, mrs. dee.
i knew him vaguely through the lodge. he was a wonderful man. it was a crime what happened to him. a crime. if there's anything that i could do to help.
well.
i was a friend of your fa.
i'm talking to this man.
i was just talking to.
pat says, 'mike.  there's a new bar, you go in, for a half a buck you get a beer, a free lunch, and then take you in the back room and they get you laid.'
everybody. mike says, 'pat, you mean to tell me for a buck you get a free lunch and a beer, and then you go in the back and get laid?' 'that's correct.' mike says, 'pat. have you been in this bar ?' pat says, 'no, but my sister has' everyone. buy yourself one too.
hi, mickey.
uh.
now who is that?
sally doneghy, now who is that?
hey, i don't need your charity.
hey, what are you, my nanny?
i'm.  mrs. doneghy? i'm frank galvin.  why didn't you go in?
it's locked?
i'm terribly sorry.  i hope we didn't put you out. won't you come in? i'd offer you some coffee, but it looks like my girl just went out.
it's not a good case. it's a very good case.
a healthy young woman goes into the hospital to deliver her third child, she's given the wrong anesthetic.
i'm sure you do.
i know. i went.
yes. yes, i have.
fifty thousand dollars?
i understand.
i understand.
please sit down. i told your wife. i'm sorry that we have to meet out here. i've got a case coming in two days in the superior court and my office is a mess of papers.
i was telling your wife, we have a very good case here.
and i have inquiries out to doctors, experts in the field.  there is, of course, a problem getting a doctor to testify that another doctor's negligent.
i doubt we'll have to go to trial.
i completely understand.
i'm going to see you get that chance.
it's completely done on a contingency basis. that means whatever the settlement is i retain one-third.  that is, of course, the usual arrangement.
what are you doing here?
yes. get her on the phone.
gruber.
he wants to testify?
you know what that would mean?
to get somebody from a boston hospital to say he'll testify?
this is going to drive the ante up.
that's the call that i'm waiting for.
they want to settle. it means a lot of money.
dr. gruber?
dr. gruber.
i appreciate -- a man as busy as --
deborah ann kaye.
they called, they're going to settle, what i want to do is build up as much.
the archdiocese called, they want to settle.  her estate.
yes.
yes.
uh.  in the, well, in the interests of her family.  you, dr. gruber, you know, you can never tell what a jury is going to do. st. catherine's a very well thought of institution. her doctors.
i'm sorry?
do you know who her doctors were?
the most respected.
the hospital is owned by the archdioceses of.
well, well, when can we meet again.
we have to.  we.  we have to keep you under wraps. please don't, don't discuss.
the case with anyone. and i'll meet you tuesday, and we'll go over your testimony.
thank you.
uh, why, why are you doing this?
i want to buy you a drink.
would you like a drink?
settle for a drink?
i had a very good day today.
you're very welcome.
well, well, well. huh?
it's a long road that has no turning.
i'm going to the archdiocese tomorrow at two. i know you don't. i know you don't.  no, you're just following your life. you have a life too.  you have to move out west. it doesn't help you to stay here. well.  i'm sure she knows you care for her.
well. well. well. finally we're none of us protected.  we.  we just have to go on. to seek help where we can.  and go on.  i know that you love her.  i know you're acting out of love.
as soon as i know.  you give him my respects too. not at all. not at all.  good night. well, bless you, too. good night.
i'm her attorney.
how did you settle on the amount?
you thought it was just.
because it struck me how neatly 'three' went into the amount. two hundred ten thousand. that would mean i keep seventy.
yes. it would be.
and no one will know the truth.
that that poor girl put her trust in the hands of two men who took her life, she's in a coma, her life is gone. she has no family, she has no home, she's tied to a machine, she has no friends -- and the people who should care for her: her doctors, and you, and me, have been bought off to look the other way. we have been paid to look the other way. i came in here to take your money. i brought snapshots to show you. so i could get your money. i can't take it. if i take it. if i take that money i'm lost. i'm just going to be a rich ambulance chaser. i can't do it. i can't take it.
it's not too good. i've only got one client.
i have to talk to you.
come on. let's get a drink.
i'm going to need your help.
i'm going to help her.
they killed her. and they're trying to buy it.
mick. mick. mick.
you -- listen: you said to me, 'if not now, when'
he's a good man.
i have to stand up for her.
i have to try this case. i have to do it, mick. i've got to stand up for that girl. i need your help. mick, will you help me? will you help me?
we've got her sister. testifies she had a meal one hour before she was admitted to the hospital. this is the point.
admittance form is wrong.
i've got my dr. gruber, says her heart condition means they gave her the wrong anesthetic anyway, plus she came in complaining of stomach pains.
not bad? this guy's dr. kildare, the jury's going to love him, mick.  and you calm down, all right? their guy, towler's, the author of the book, 'methodology and practice, anesthesiology.' . and they got depositions from the nurses, everybody in the operating room, the scrub-nurse.  'all these guys are god. i saw them walk on water' they had an obstetrical nurse in there. we got a deposition from the obstetrical nurse?
'mary rooney, forty-nine. lives in arlington, still working at the hospital.' can you get out tomorrow? how come she isn't speaking up.
okay now. cases: smith versus state of michigan.
brindisi versus electric boat.
i had a good teacher. mclean versus urban transport.
jimmy? bushmills. lookit, do me a favor. i'll buy you a drink tomorrow.
i'm going to get laid.
d'you find an apartment?
i changed my life today. what did you do?
why?
what hotel are you staying at?
i'm a lawyer.
really. how wonderful for you.
oh, actually it was. then why'd you call it off?
a brick house says you divorced him. i'll put you on your honor. bet you a hundred dollars against you join me for dinner. and i'll take your word for it. now you tell me the truth. because you cannot lie to me. what's your name?
my name's frank. and furthermore, you came back to see me tonight.
you just got lucky. d'you eat yet? come on.
jesus, you are one beautiful woman.
the weak, the weak have got to have somebody to fight for them. isn't that the truth? you want another drink?
jimmy! that's why the court exists. the court doesn't exist to give them justice, eh? but to give them a chance at justice.
they might. yes. that's the point.  is that they might.  you see, the jury wants to believe. they're all cynics, sure, because they want to believe. i have to go in there tomorrow to find twelve people to hear this case. i'm going to see a hundred people and pick twelve. and every one of them it's written on their face, 'this is a sham. there is no justice' but in their heart they're saying, 'maybe.  maybe'
maybe i can do something right.
that's what i'm going to try to do.
yessir. i'm sorry.
i was held up.
frank galvin. we've met before.
this is a complicated case, your honor.
my client can't walk, your honor.
we are going to try the case.
things change.
i wasn't disbarred, they dropped the pro.
i'm sure you would.
mr. abraham.
abrams. yes. how are you today?
good. you ever been inside a hospital?
ah. how did they treat you?
i'm getting it back. don't worry about me, mick. i'm fine. d'you find the obstetric nurse?
so what?
they still have to take it to a jury.
so what do you want me to do? concannon's going to try the case his way, i'm going to try it mine. you want me to go wee wee wee all the time because he's got some flack, got stories in the newspaper. i'm going to win this case.
oh shit, what's today?
i've got to go see gruber. what's the best cigars you have?
mickey: i'm supposed to meet somebody at o'rourke's, i can't make it.
thanks. can you go over and meet her? tell her i'll stop by when i'm through.  laura fischer.
tell her that i'll meet her there, okay? see you tomorrow in the office.
we're doing fine.
hold on a second.
it's all right, mickey.
i swear to you i wouldn't have turned the offer down unless i thought that i could win the case.
i'm going to win this case.  mist.  mr. doneghy.  i'm going to the jury with a solid case, a famous doctor as an expert witness, and i'm going to win eight hundred thousand dollars.
if i could accept the offer right now, i would. they took it back.
dr. gruber.
no.  no.
dr. gruber.
i had an appointment at his office, i think i must have got it wrong. we had a meeting.
where is he?
i.  please. my wife.  my wife's prescription has run out. if i can call him.
no, no, no. i have to talk to him. if i can only call him.
thank you for seeing me.
i need an extension for my case.
i had a witness disappear on me.
i could subpoena him if i had a week.
mr. alito, please.
i have to reach him. this is an emergency. could you give me his home number?
would you, would you call him up. i'll give you my number, and ask him.
i understand. thank you, my name is galvin. i'll be at the following number in a half an hour. it's urgent.
hello. yes. thank you for calling. frank galvin.  i'm representing deborah ann kaye? i'd like to discuss your firm's offer of the two hundred th.  in the sense that i feel that we'd like to accept it. well, it's rather a shock to me, too; but it's my client's wishes.  she's changed her mind as of this evening.  i must say that i tried to dissuade her.
well, she, on the eve of the case.  you understand.  i think quite frankly she's come down with nerves and she'd like.
when was that arrived at? i, i know what mr. concannon said, but.  i.  well, i think you're making a mistake.  i think that you should reconsider; why don't you check with your principals, and i'll call you in the.  no?.  you.  uh. all right. no. that's fine. i understand. sorry to bother you at home.
i can't talk now.
concannon got to my witness. i can't breathe in here.  hello doctor? dr. thompson. this is joseph galvin, attorney for a deborah ann kaye, we had some correspondence some time ago? that's right. i'm sorry that we never got back, the case was postponed, and i've had a changeover in staff.  i'm sorry to call you so late.
but we have had a change of strategy, and we were wondering, i know this is short notice, but.
what?
we, we.  no.  we just had a small reversal in the case.  i have some, uh.  i have some work to do.
they, uh, they got to my witness.
i've got to work.
no, no, i'm just.
i've got to work.
you're going to stay here?
i'm only going to rest a little while.
dr. thompson?
thank you for coming.
i have some errands to run, and then i thought we'd spend the evening.
i'm going to take you to the home to see the girl.
yes. yes. i think so. i hope you'll be comfortable. i'm putting you up at my.
apartment. no, no. please. you don't know who we're dealing with, i, please believe me, they.
these people play very rough. they don't want to lose this case. there's a lot of pressure they can bring to bear, i.
please, sir. please. humor me.
we'll spend the evening together, i'll put you up, you'll be very comfortable. please. that's my address. the key is in it. 1225 commonwealth. treat the place as your own. please don't tell anyone you're here, i'll see you this evening. thank you, and thank you for coming.
let me talk to mickey.
d'you find the obstetric nurse?
gimme the address. i'm gonna go. we're going to need her.
i'm joe galvin, i'm representing deborah ann kaye, case against st. catherine laboure.
i'll just take a minute. deborah ann kaye. you know what i'm talking about. the case is going to trial. our chief witness is a dr. david gruber, you know who he is?
he's the assistant chief of anesthesiology, massachusetts commonwealth. he says your doctors, towler and marx, put my girl in the hospital for life. and we can prove that. what we don't know is why. what went on in there? in the o.r. that's what we'd like to know. something went wrong. and you know what it was. they gave her the wrong anesthetic. what happened? the phone rang.  someone got distracted.  what?
i want someone who was in the o.r. we're going to win the case, there's no question of that. it's just a matter of how big.
you know what happened.
then why aren't you testifying for their side?
i can subpoena you, you know. i can get you up there on the stand.
who put my client in the hospital for life.
who are you protecting, then?
i do. who is it? the doctors. what do you owe them?
then why don't you testify?
you think i'm pushy now, wait 'til i get you on the stand.
we're going to lose.
do you think it's my fault?
that's not the question. it's over. do you think that it's my fault? if i'd.  if i'd.  i never should have taken it. there was no way that i was going to win.
that's what i am.
yes.
i.  do you want me to leave?
who told you that?
and what makes you so tough?
is there going to be a later?
if i don't 'grow up'
you, you don't under.
it's over!
what is that to you?
excuse me, i've.
stop pressuring me.
no.  no.
i'm going to do the best i can for you and your sister. i know what it means to you. believe me.  it means that much to me.
i'm swell.
yeah.
ready, your honor.
it's a terrible thing to sit in judgment. so much rides on it. i know that you've thought, 'how can i be pure. how can i be impartial without being cold. how can i be merciful and still be just?' and i know that most of you have said some sort of prayer this morning to be helped. to judge correctly. we have the reputation of two men. two well respected doctors and a renowned hospital before us. and with those two respected men we have my client, deborah ann kaye.  . who was deprived of sight, of locomotion, hearing, speech, of everything, in short, which constitutes her life. we are going to prove she was deprived through negligence. through the negligence of those respected men. we will show: one.
thank you, your honor, i'll continue. dr. thompson. did you examine deborah ann kaye last night at the northern chronic care facility?
what?
dr. thompson. from your review of the hospital records of may twelfth nineteen seventy-six.
in your opinion, what happened to deborah ann kaye?
now, dr. towler's testified that they restored the heartbeat within three or four minutes. in your opinion is his estimate correct?
your honor!
if i may be permitted to question my own witness in my own way.
i'm not through with the witness, your honor. with all due respect if you are going to try my case for me i would appreciate it if you wouldn't lose it.
i'm an attorney on trial before the bar. representing my client. my client, do you understand? you open your mouth and you're losing my case for me.
no, no, you listen to me. all i wanted in this case is an even shake. you rushed me into court in five days.  my star witness disappears, i can't get a continuance, and i don't give a damn. i'm going up there and i'm going to try it. let the jury decide. they told me sweeney he's a hard- ass, he's a defendant's judge. i don't care. i said, the hell with it. the hell with it. i'll take my chances he'll be fair.
and don't give me this shit, 'i was a lawyer, too.' 'cause i know who you were. you couldn't hack it as a lawyer. you were bag man for the boys and you still are. i know who you are.
damn right i'm done. i'm going to ask for a mistrial and i'm going to request that you disqualify yourself from sitting on this case. i'm going to take a transcript to the state and ask that they impeach your ass.
we, yes. yes. they, they present their side, and i get the same chance. to cross-examine.  to.  to.
yes.
dr. towler.
you have a record of what happened in the operating room.
there are notations every thirty seconds.
of the procedures.
but those notations stop.  . four-and-one-half minutes after deborah ann kaye's.
four-and-one-half minutes after her heart stopped. and they resume seven minutes.
they start again three minutes earlier.
what happened in those three.
what happened in those three minutes?
why did it take that long to get her heartbeat.
to get her heartbeat back?
almost nine minutes.  causing brain damage.
wait, wait, wait, you're saying that her brain damage could have been caused by her being deprived of oxygen for two minutes?
huh. and why is that?
no, you did fine.
no. no thank you, doctor. you go home.
yes.  i.  yes.
no. no. thank you. you go home.
no.
i don't have a goddamned idea.
okay. what do you do when you don't have a witness?
that's right.
there are no other cases. this is the case. now you decide.  are you in or out?
why doesn't mary rooney testify?
are you with me.  are you awake?
rooney's protecting someone. who is she protecting?
she's protecting the doctors she'd be up there on the stand.
'you guys are a bunch of whores.  uh.  loyalty.  you don't care who gets hurt.  you don't have any loyalty'
who? they're all testifying. everybody who was in the o.r.'s going to take the stand.
what difference can that make? all right.
uh.  the admitting nurse.
she didn't do anything. she took the patient's history and signed the charts. 'k.c.' 'kathy costello'
how old are you, how many children.  when did you last eat.
miss rooney. oh. listen. i understand what you are doing. and i want you to know it's all right.
about kathy costello. i understand, and i don't blame you for shielding her.
i spoke to her, and everything is all right.
she told me.
i just saw her.
what?
thank you. i'm sorry.
we don't have anything from the nurse association?
the hospital?
thank you.
call the a.m.a. . i can't talk now. . tell them you're dr. somebody.  you have to find this nurse.
you need some old forms that she had.  somebody's dying.
hello, mrs. costello.
sorry to bother you so late.
this is mr. goldberg in accounting. we have some money here for you.  this is the mrs. costello that used to be a nurse? i'm sorry. i think we have our records mixed up.
are you related to kathy costello, the r.n.?.  i'm sorry.
hello. this is mr. dorchester in records. we're looking for kathy costello.
thank you. i'll hold.
hello. this is ross williams. i'm calling from california. i'm sorry. i know it's late in the east, but this is an emergency. may i please speak to kathy costello? i'm sorry. my records must be confused. this is the family of kathy costello? please excuse it.
hello, i'm calling from.
i'm calling from professional nurse quarterly.
this is mr. wallace in subscriptions?
this is miss costello?
pardon?
we find that your subscription lapsed.
that's why i'm calling, miss price.
we have a renew-your-subscription offer.
yes, we know that you do. i have it in my files. that's at the manhattan health center.
hi. how are you doing?
i've been meaning to come in a long time.
uh-huh. my nephew's going to be staying with us in a few months, so i stopped by.
four. you're great with these kids.
you're really.  you, are you the one they told me was the nurse?
mrs.
yes.
that's a wonderful profession. my daughter-in-law's a nurse. what did you do, stop?
how come you stopped?
will you help me?
what the hell are you doing here?
what are you doing in new york?
i don't know.
i don't want a mistrial.
dr. towler; page 406, 'contraindications to general anesthetic. ideally a patient should refrain from taking nourishment up to nine hours prior to induction of general anesthetic.' does that sound familiar?
'practice and methodology in anaesthesia.' general textbook on the subject. is that correct?
and you wrote that.
page 414, 'if a patient has taken nourishment within one hour prior to inducement, general anesthetic should be avoided at all costs because of the grave risk the patient will aspirate food particles into his mask.' is that what happened to deborah ann kaye? she aspirated into her mask?
if she had eaten, say one hour prior to admission, the inducement of a general anesthetic.  the type you gave her.  would have been negligent?
thank you.
katherine price.
kathy price.
you were the admitting nurse at st. catherine laboure hospital on may twelfth, nineteen seventy-six, the night deborah ann kaye was admitted.
you signed this form?
these are your initials, 'k.c.'?
d'you ask the patient when did she last eat?
what did she say?
one hour.
and did you write the numeral 'one' down on the record, standing for one hour?
a single hour.
your witness.
objection!
nothing further, your honor.
i object, your honor.
exception!
you know, so much of the time we're lost. we say, 'please, god, tell us what is right. tell us what's true. there is no justice. the rich win, the poor are powerless' we become tired of hearing people lie. after a time we become dead. a little dead. we start thinking of ourselves as victims. and we become victims. and we become weak.  and doubt ourselves, and doubt our institutions.  and doubt our beliefs.  we say for example, 'the law is a sham.  there is no law.  i was a fool for having believed there was.' but today you are the law. you are the law.  and not some book and not the lawyers, or the marble statues and the trappings of the court.  all that they are is symbols. of our desire to be just.  all that they are, in effect, is a prayer.  . a fervent, and a frightened prayer.
in my religion we say, 'act as if you had faith, and faith will be given to you.' if.  if we would have faith in justice, we must only believe in ourselves. and act with justice. and i believe that there is justice in our hearts. thank you.