Chapter 5 Chapter two

Massachusetts, Boston Monday, June 5, 2006 ten: fifty five in the morning Tony.Fasano gripped the edge of the podium like he was manipulating a giant video game console.His oiled hair was combed back in a neat way, and it was shiny.The large diamonds on the gold ring are particularly dazzling against the sunlight, and the golden cufflinks are clearly visible.Although he is not tall, his short and fat physique is not to be underestimated.He was full of energy, and his dark complexion looked very healthy, in stark contrast to the gray and yellow walls of the courtroom. Tony, in loafers, put one foot on the brass bar at the bottom of the podium, and began his opening statement: Ladies and gentlemen of the jury, I would like to take this opportunity to express my personal thanks to you, Let my client Jordan.Mr Stanhope's case has a chance to go to trial.

Tony stopped and looked back at Jordan.He was motionless, indifferent, like a puppet.He was impeccably dressed, a dark suit, a white jagged-edged handkerchief peeking out of the breast pocket, manicured nails, folded hands, expressionless face. Tony turned his head and looked back at the jurors, the bereaved look on his face.Mr. Stanhope was still in great distress.Nine months ago, his beautiful and dedicated wife and life partner Patience.Stanhope died unexpectedly, and he has not yet recovered from such a heavy blow.This tragedy could have been avoided.This tragedy happened entirely because of the defendant Craig.plum.Dr. Boman neglected his duty and mistreated him.

Craig's body jerked tight.Randolph's hands quickly grabbed Craig's forearm and leaned toward him.restraint!he whispered. The bastard!How can he say that?Craig replied quietly.Isn't the purpose of the trial to find out the cause of death? you're right.But he is also allowed to state his case.I admit that his words are indeed provocative.Unfortunately, this is his usual style. Next, Tony pointed his index finger and pointed to the ceiling. Before I describe the incident in detail to the good people here and confirm my initial point of view, I want to explain my background to everyone.Unlike the defense attorneys, I never went to Harvard.I'm just an ordinary kid in the North District, and sometimes I don't pay much attention to what I say.

The plumber's assistant laughed, and the two businessmen in polyester suits managed a smile, albeit a little hurt. I'll try my best though, Tony added.If you're feeling a little nervous here, let me tell you, I'm a little nervous, too. The three housewives and the retired teacher didn't expect Tony to be so frank, and they all laughed. I have something to say to you good people, Tony went on.Like I told my client.I've done a few malpractice cases.Actually, it's my first time. The muscular firefighter smiled and nodded approvingly of Tony's candor. Maybe you are asking in your heart: Then why did this Italian guy take this case?I'll tell you why: To protect you, me, and my children from being bullied by people like Dr. Berman.

Randolph stood up, aristocratically.Your Honor, I must object.The plaintiff's lawyer is suspected of sedition.At this time, most of the jurors showed a look of surprise on their faces. Judge Davidson looked at Tony over the glasses, a little annoyed and a little surprised.What you just said is close to the limit of the court's patience.The courtroom is indeed a battleground for verbal confrontation, but established customs and rules must be followed, especially in my courtroom.Do you understand my words? Tony held up two bear paws as a plea.clear!I apologize to the court.The problem is, sometimes my emotions get out of hand, just now.

His Honor Randolph complained.But before he could finish speaking, the judge waved him to sit down, and at the same time told Tony to continue, but be careful with his words. It's going to be a circus here, Randolph whispered as he sat down.Tony.Fasano is a clown, but a cunning and clever one. Craig looked at the defense attorney, and for the first time he saw a crack in Randolph's icy composure.His assessment of Tony was disturbing, laced with reluctant admiration. Tony glanced at the card on the file rack on top of the podium and continued his opening statement: Some of you may wonder why a case like this is not being heard by a knowledgeable judge, and may therefore ask why we have to interrupt the normal Live to decide the case.I tell you why.Because you have more common sense than the judge.Tony pointed to each juror in turn, completely commanding their attention.real.No offense to you, Your Honor, Tony said, looking up at the judge.Your memory bank is full of laws, ordinances, and all sorts of other legal red tape, and the man whose attention goes back to the jury can read the facts.In my dictionary, this is the absolute truth.If I'm in trouble, get a jury.Why?Because you people, with common sense and natural ability, can see through the fog of the law and tell me where the truth is.

Several jurors nodded in agreement.Craig felt his heart beat faster and his stomach start to cramp.His worst fear was that Tony would take control of the jury, and it had happened.Such was the case with this ill-fated lawsuit.Just when you think things can't get any worse, something worse happens. Next I plan, Tony continued, gesticulating with his right hand, to prove four points to you.1. Dr. Berman's own employees will testify that he is responsible for the deceased.2. Three experts from three well-known local institutions will tell us what measures a responsible doctor will take when the deceased's condition worsens on September 8, 2005.3. The plaintiff, Dr. Berman's employees and an expert who participated in the rescue at the hospital at that time will testify that Dr. Berman was negligent in his duties and failed to take the rescue measures that a responsible doctor should take.4. It is confirmed that the actions of Dr. Boman directly caused the accidental death of the deceased.That's all I have to say.

Craig's forehead started to sweat, and his throat suddenly felt dry; he wanted to go to the bathroom, but didn't dare.He poured a little water from the pitcher in front of him, his hands shaking all the while, embarrassing him. Getting down to business now, Randolph whispered.His reactions don't seem to be as dramatic as Craig's, which is reassuring.But Craig knew it wasn't that simple. What I have just described, Tony went on, is an ordinary malpractice case.A high-priced lawyer of the same caliber as the defense counsel would call it an undisputed case.I call it clear and clear.Many lawyers and doctors like to use words that ordinary people don't understand, especially Latin words.But this is no ordinary medical malpractice case.The case was much more serious than usual, so I reacted particularly violently.The defense attorneys would have you believe, and their witnesses would say, that Dr. Berman was a great, compassionate, benevolent physician with a happy and stable family, but the reality is that it is far from that.

be opposed to!said Randolph.Dr. Berman's private life has nothing to do with this case.Plaintiff's attorney attempted to attack my client. Judge Davidson took off his glasses and glared at Tony.You're going too far, boy.Does what you're about to say have anything to do with this malpractice case? Absolutely, Your Honor.And it's the key. You and your client are going to have a lot of trouble with this case, maybe already.invalid objection.The plaintiffs' attorney continued. Thank you, Your Honor, Tony said, turning his attention to the jury.On the evening of September 8, 2005, that is, Patience.On the night of Stanhope's death, Craig.Dr. Berman did not stay with his family in the comfortable, luxurious home of Newton.no!Our next witness, his employee and girlfriend, will testify that he was staying with her in a love nest in the city at the time.

be opposed to!Randolph said the voice was unusually powerful.Inflammatory language and hearsay evidence.He cannot be allowed to use such language. Craig felt the blood rush to his face.He wanted to look back at Alexis, but he couldn't bear to do it, especially now that he was being humiliated like this. Objection works!Plaintiffs attorney, please just state the facts and refrain from inflammatory comments until witnesses testify. Yes, Your Honor.It's just hard to control my emotions. If you don't control me, I'll sentence you to contempt of court. Understood, Tony said.He looked back at the jurors.The testimony you will hear demonstrates a dramatic change in Dr. Berman's lifestyle.

No, Randolph said.Private life, lifestyle, these have nothing to do with this case.This is a malpractice case. OMG!cried Judge Davidson in despair.Lawyers from both sides, please approach the bench! Randolph and Tony obediently moved to the side of the bench so they could avoid the private conversations of the rest of the courtroom and, most importantly, the court clerk and jurors. At this rate, the case will go to trial for a year, by God, Judge Davidson grumbled.My plans for the month are going to be ruined. I cannot allow this farce to continue, Randolph complained.This is not good for my client. He keeps interrupting my train of thought, Tony muttered. Shut up!I don't want to hear any more whining from any of you.Mr. Fasano, what do you mean by talking about these topics that have nothing to do with the case? Dr. Berman chose to visit the deceased's home as an outpatient, rather than taking his wife directly to the hospital at the request of the plaintiff.Although he would also mention it in his own testimony, he suspected that the deceased had a heart attack at the time. so what?asked Judge Davidson.I think Dr. Berman handled it in a timely manner without unnecessary delay. We still have to prove this point.But Dr. Berman never went out of the clinic before.I mean before he had a midlife crisis, or as he put it, before his awakening, before he moved to the city with his lover.Our experts will confirm that the delay in treatment due to outpatient visits and Patience.Stanhope's death was directly related. Judge Davidson was lost in thought.As he thought, he pursed his lower lip absently so that the mustache on his upper lip came to the middle of his chin. The way practitioners live and think has nothing to do with malpractice cases, Randolph insists.From a legal point of view, the key to maltreatment cases is to determine whether the standard of treatment has been deviated from and whether the damage caused can be compensated. What you said is the usual situation, but I believe that Mr. Fasano's subsequent testimony will prove that his views are well-founded.Is it this way? You're absolutely right, Tony said with certainty. Everything is up to the jury.invalid objection.Mr. Fasano, please continue your statement, but please be careful not to use inflammatory language. Thank you, Your Honor. Randolph returned to the dock, visibly angry.We're going to have a tough fight, he said.The judge was unusually lenient on Fasano.On the bright side, if the plaintiff wins the case, we can add the judge's injustice to the appeal. Craig nodded.This is the first time Randolph has admitted that he may lose the lawsuit.Craig was even more pessimistic and disappointed. What did I say just now?Tony returned to the podium and said.Flipping through the cards in his hand, he adjusted the sleeves of his silk blouse to reveal cuff buttons and his heavy gold watch.He looked up.When I was in the third grade, someone said that I was not good at speaking in public, and I haven’t made much progress until now, so I hope everyone can forgive me. Several jurors laughed and nodded sympathetically. We will be presenting testimony that approximately two years ago Dr. Berman's career changed dramatically.Before that, he was basically a traditional doctor and charged for seeing a doctor.He then moved on to join and take over a successful butler physician practice. be opposed to!said Randolph.This case has nothing to do with the practice of medicine. Judge Davidson sighed in despair.Mr. Fasano, is Dr. Berman's practice closely related to what we have just discussed before the bench? No doubt, Your Honor. invalid objection.The plaintiffs' attorney continued. Indeed, Tony told the jury, when I said the word stewardship care, I saw a few people look blank.Do you know why?Because many people don't know what it is.Even I didn't know it before I took this case.This thing is also called consultant medical treatment, which means that patients who want to receive this kind of service have to pay a considerable amount in advance every year.This fee is really not small, and some people have to pay 20,000 US dollars per person per year!Although Dr. Berman and his basically retired partner Ethan.Dr. Cohen confiscated so much, but he took a lot.As you can imagine, this kind of service can only appear in rich and mature areas, such as some big cities or places where rich people are concentrated, such as Palm Beach in Florida, Naples or Aspen in Colorado. be opposed to!said Randolph.Your Honor, Butler Medical has nothing to do with this case. I disagree, Your Honor, Tony said, looking up at the judge.To some extent, the key to this case is housekeeper medical treatment. Then ask the plaintiff's lawyer to explain its relationship with this case, Judge Davidson said angrily.invalid objection. Tony looked back at the jury.So, what do people who participate in housekeeper medical care get for such a large sum of money?And if you can't pay the money at that time, you will be kicked out, and no one cares about you.There will be testimony to illustrate this point.The service includes ensuring that you can find a doctor anytime and anywhere, providing the doctor's mobile phone number and email address, and ensuring no waiting for outpatient appointments.I personally think that everyone deserves the above services without paying consultant fees.But what is most relevant to this case is that the patient may ask the physician to go out of the clinic when it is appropriate and convenient. Tony paused to allow the audience to fully understand his words.During the trial, there will be direct testimony to prove that on the evening of September 8, 2005, Dr. Berman booked concert tickets for himself and his cohabiting girlfriend, while his wife and daughter were doing nothing at home.Now that he has gone home, I really want to invite his wife to testify in court, but the law stipulates that the spouse avoids it.She must be a saint. No, said Randolph, for the reasons he had given. objection valid. There will also be testimony, Tony went on, with little pause, that when a heart attack occurs, the standard of care is to immediately send the patient to the hospital for initial care.When I say immediately, I am not exaggerating, because at this moment, every minute, even every second can make the difference between life and death.There will be testimony that despite my client's repeated pleas to have his dying wife taken to the hospital to join Dr. Berman, Dr. Berman insisted on going out.Why is he out of the clinic?There will be testimony that this choice matters, because if Patience.Stanhope wasn't having a heart attack, and while his own testimony will prove he doubted it himself, if not, he could have made it to the concert in time to drive in his brand new red Porsche, wow the crowd His presence and the young, alluring woman who accompanied him.And here, my friends, it appears or appears, and I'm always at a loss as to which one to call negligence and malpractice.For his own vanity, Dr. Boman violated the treatment norms and did not send the heart attack patient to the treatment institution as soon as possible. Of course, defense lawyers are more educated and experienced.If the above facts were explained by him, there would be very different results.However, I believe you can see the facts as clearly as the Massachusetts tribunal.After they conducted a hearing on the case, they suggested a trial, which illustrates this point. be opposed to!cried Randolph, jumping up.Request that this section be expunged from the court record and that the court warn plaintiffs' attorneys.Arbitral Tribunal's Judgment Never Admissible: See Beeler v. Downey, Massachusetts Superior Court. Objection works!said Judge Davidson sternly.Defense counsel is right, Mr. Fasano. Excuse me, Your Honor, Tony said, walking towards the plaintiff's table and taking a piece of paper from Ms. Rylf.I have here a copy of the Massachusetts State Law, Article 231, Subparagraph 60B, which stipulates that the judgment of the arbitral tribunal and the testimony during the arbitration process are admissible. That line has been overturned by the case just cited by defense counsel, Judge Davidson said.He looked at the court clerk.Delete the content about the arbitral tribunal from the hearing record. Yes, Your Honor, said the court clerk. Judge Davidson told the jury.This Tribunal asks you to disregard Mr. Fasano's comments concerning the Massachusetts arbitral tribunal, and recommends that you disregard them in fulfilling your duty of fact.Do you understand my words? The jurors nodded obediently. The judge looked at Tony.Inexperience is not an excuse for lack of legal knowledge.I hope that there will be no similar omissions in the future, otherwise I will be forced to declare this case a mistrial. I try my best, Tony said.He trudged back to the podium, paused for a moment to collect his thoughts, then looked up at the jury.I believe that you can see the fact that Dr. Boman's negligence caused the death of my client's wife.Next, the court will ask you to determine the amount of compensation, and determine if Patience.How much care, guidance, support, advice and companionship would Stanhope be alive today to provide to my client. Thank you for listening to my opening statement.I have little experience in this area of ​​law, and for that I apologize to you as I apologized to Your Honor just now.I look forward to making closing arguments at the conclusion of the trial.thank you all. Tony packed up the cards on the podium, returned to the plaintiff's table, and immediately started talking with his assistant in a low voice, looking serious, waving the piece of paper she handed him just now. When Tony finally finished speaking, Judge Davidson breathed a sigh of relief, glanced at his watch, and then at Randolph.Does the defendant's lawyer choose to make the opening statement immediately after the plaintiff's lawyer, or wait until the court's investigation of the plaintiff is over? Of course now, Your Honor, Randolph replied. Great, but it's lunch break.He knocked down the gavel just in time.Court adjourned until 1:30 p.m.This court requires jurors not to discuss the case with others or with each other. All rose, and as the judges rose, the court clerk shouted, like a proclamation in the street.