Richard Mabry - Medical Error

The next message from Donovan put an end to Anna's improved mood. "Anna, call me as soon as you get this message. Detective Green phoned. He and Dowling want to talk with you. They've agreed to do the interview at my office, but they say if you don't follow up with them tomorrow, they'll issue a warrant to pick you up as a material witness. I don't know what they have, but apparently something new has come up. Call me ASAP."

Anna hadn't yet entered Donovan's number on her cell phone directory, so she had to scroll back and find it in her call log. Her stomach churned as she waited for him to answer the call.

"Ross Donovan." His voice carried a smile, and she could picture his dimples deepening as he spoke.

"Mr. Donovan… Ross, this is Anna McIntyre. I won't be able to meet with the detectives today. It's-"

There was no smile in Donovan's voice this time. "Anna, I think they were serious about picking you up as a material witness. You'd better make time for this."

"Ross, a lot has happened since I left you yesterday. You'd better come by my hospital room and let me explain."

Ross Donovan looked up from the yellow legal pad balanced on his knee. It was almost filled with scribbling in the personal shorthand he'd developed over the years. Only he could read it, sometimes only after a second and third effort, but he figured that represented another level of security and privacy for his clients.

"So, Anna, you don't think this attack on you had anything to do with the identity theft?"

Anna didn't answer, just shook her head. She leaned back against her pillows and closed her eyes, obviously spent after filling him in on the events of the past twenty-four hours.

Ross tapped his fountain pen against his front teeth and looked at the ceiling. "You know, when you came to my office the first time, you started by telling me you had problems with the police and the DEA. I managed to pry the information out of you that someone had stolen your credit card numbers as well. But I get the sense that this problem is even broader than that. What aren't you telling me?"

Anna reached toward the pitcher and glass on her bedside table. Ross rose and poured water for her. He waited until she'd emptied the glass before resuming his seat.

"I guess I need to give you the whole story," she said.

"That usually helps your attorney. Just remember two things. First of all, what you tell me is in confidence. I can't be required to divulge it." He uncapped his pen and sat back.

"What's the second thing?" she asked.

"The other thing to remember is that I've been a liar, a cheat, and a drunk. So whatever you've done, I've probably done worse."

He grinned when that elicited a chuckle. He sensed that she was teetering on the brink of exhaustion, and he hated to put her through this, but if he was to help her he needed the full story.

A half hour later, he dropped the legal pad to the floor and leaned toward Anna's bed, his forearms on his thighs. "Okay, here's a summary of the problem, as I understand it. Correct me if I'm wrong anywhere." He began to tick offpoints on his fingers. "First, someone stole your credit card information and maxed out the accounts, temporarily damaging your credit in the process. Second, someone used your DEA number and name to float a bunch of narcotics prescriptions in the area, and although Agents Kramer and Hale are ready to ease up on you, the Dallas police-for whatever reason-are still intent on proving you're a criminal. And third, both you and one of your patients had your insurance information used by someone else to obtain care. That maneuver cost your patient his life and made you a target for a malpractice suit. It also resulted in your name being associated with a positive test for HIV." He leaned back and spread his hands like a magician showing the rabbit."Right?"

Anna seemed to sink deeper into the bed, as though she were deflating. "Right."

"So here's what we do. And notice, I said, 'we.' The credit repair isn't rocket science, but it takes a bit of work. As soon as you're discharged, get me the paperwork you've already started. I'll look at it and try to help. But that may have to go on the back burner, because it's not our immediate problem. Our first priority is to keep you out of jail and clear you with the Dallas police. I'll call Green or Dowling as soon as I leave here and explain to them that you've been hospitalized for a serious head injury. If they insist on interviewing you anyway, I'll start claiming police brutality, infringement of your constitutional rights, and anything else I can think of. After all, you're not competent to answer questions because of your hazy mental condition."

"But-"

"Hey, your mental status may be fine. But we've been given a perfect excuse to delay this interview, and the longer we can put it off, the more information we'll have when it comes time to talk with them. Let me take care of this."

Anna nodded her understanding. "And the malpractice suit?"

"I suppose you have malpractice insurance?"

"Yes, the medical school covers me. Actually, all of the state med schools self-insure through a trust. But I think I'd better talk about engaging you to represent me as well. The way Ms. Ernst has reacted so far, I don't get a warm and fuzzy feeling about her."

Ross was silent.

"Oh," Anna said, understanding lighting her eyes. "I forgot."

"Never mind. When we divorced, there weren't many warm and fuzzy feelings on either side."

"But if you represented me, you'd be working with your exwife," Anna said. "Is that going to present a problem?"

Ross rubbed his chin. "We'll have to see, won't we?"

"How's the patient today?" Anna opened her eyes and saw Neil Fowler standing at her bedside. He wore a gray scrub suit, and the impression of a surgical cap ringed his forehead.

"I'm a bit wobbly on my feet sometimes, but my memory's pretty much come back." Anna struggled to grin. "Sometimes that isn't good, though."

Fowler leaned his back against the doorframe and stretched."Oh, that feels good. I just finished a bowel resection, and my back is killing me." He straightened. "Anna, I know I told you to use your time offto clear yourself of these narcotic prescription charges, but I think it's time for you to stop. I don't know all the details, but if whatever you've been doing is what got you that concussion, it's not worth it. Let me talk with the DEA and see if they're about ready to turn you loose to practice again."

"No need. I've spoken with one of the agents." She made an effort to brush the cobwebs away from her head. "Agent… his name escapes me. He's supposed to call you to tell you they haven't found any involvement on my part. They're going to issue me a new number. What I have to do-" Something, some instinct, stopped Anna before she told Fowler her deal with the DEA: have her privileges restored in exchange for keeping her eyes and ears open. She didn't really suspect her chairman of involvement in the counterfeit prescriptions, but then again, she had no reason to exclude him from her list of suspects.

Fowler apparently took her letting the words trail offas just another sign of her recent concussion. He nodded, stretched, and said, "Well, I'm converting your special leave to sick leave. If you're like me, you've got more of those days stored up than you'll ever use. So take the time you need to heal from this head injury. We miss you and we'll be glad to have you back at work, but don't push it."

After Fowler left, Anna wondered why she hadn't fully con- fided in her chairman. Was it because he had access to all the offices in the department, including hers? How easy would it be for someone in his position to get access not only to her purse but to her personal information, her Social Security number? Was she being paranoid… or just careful?