by Anthology
"No, no, noooooo..." She tried to throw herself on the patient. Jesse lunged for her, but Kenny was quicker. He grabbed her around the waist, pinning her arms to her sides. She fought him, wailing and screaming, as he dragged her back through the door. "Murderer, baby killer, nooooooo—"
"My wife," the father finally said. "She doesn't...doesn't understand."
Probably doctors were devils to her, Jesse thought. Gods who denied people the healing they could have offered. Poor bastards. He felt a surge of quiet pride that he could teach them different.
The father went on looking at Rosamund, now sleeping peacefully. Jesse couldn't see the other man's eyes.
Back home at the apartment, he popped open a beer. He felt fine. Was it too late to call Anne? It was—the computer clock said 2:00 a.m. She'd already be sacked out. In seven more hours his own 36-hour rotation started, but he couldn't sleep.
He sat down at the computer. The machine hadn't moved to surround his empty square after all. It must have something else in mind. Smiling, sipping at his beer, Jesse sat down to match wits with the Korean computer in the ancient Japanese game in the waning Boston night.
# # #
Two days later, he went back to check on Rosamund. The rowhouse was deserted, boards nailed diagonally across the window. Jesse's heart began to pound. He was afraid to ask information of the neighbors; men in dark clothes kept going in and out of the house next door, their eyes cold. Jesse went back to the hospital and waited. He couldn't think what else to do.
Four rotations later the deputy sheriff waited for him outside the building, unable to pass the security monitors until Jesse came home.
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK COUNTY SUPERIOR COURT
To Jesse Robert Randall of Morningside Security Enclave, Building 16, Apartment 3C, Boston , within our county of Suffolk. Whereas Steven & Rose Gocek of Boston within our County of Suffolk has begun an action of Tort against you returnable in the Superior Court holden at Boston within our County of Suffolk on October 18, 2004 , in which action damages are claimed in the sum of $2,000,000— as follows:
TORT AND/OR CONTRACT FOR MALPRACTICE
as will more fully appear from the declaration to be filed in said Court when and if said action is entered therein:
WE COMMAND YOU, if you intend to make any defense of said action, that on said date or within such further time as the law allows you cause your written appearance to be entered and your written answer or other lawful pleadings to be filed in the office of the Clerk of the Court to which said writ is returnable, and that you defend against said action according to law.
Hereof fail not at your peril, as otherwise said judgment may be entered against you in said action without further notice.
Witness, Lawrence F. Monastersky, Esquire , at Boston, the fourth day of March in the year of our Lord two thousand four.
Alice P. McCarren
Clerk
Jesse looked up from the paper. The deputy sheriff, a soft-bodied man with small, light eyes, looked steadily back.
"But what...what happened?"
The deputy looked out over Jesse's left shoulder, a gesture meaning he wasn't officially saying what he was saying. "The kid died. The one they say you treated."
"Died? Of what? But I went back..." He stopped, filled with sudden sickening uncertainty about how much he was admitting.
The deputy went on staring over his shoulder. "You want my advice, doc? Get yourself a lawyer."
Doctor, lawyer, Indian chief, Jesse thought suddenly, inanely. The inanity somehow brought it all home. He was being sued. For malpractice. By an uninsurable. Now. Here. Him, Jesse Randall. Who had been trying only to help.
"Cold for this time of year," the deputy remarked. "They're dying of cold and malnutrition down there, in Roxbury and Dorchester and Southie. Even the goddamn weather can't give us a break."
Jesse couldn't answer. A wind off the harbor fluttered the paper in his hand.
# # #
"These are the facts," the lawyer said. He looked tired, a small man in a dusty office lined with second-hand law books. "The hospital purchased malpractice coverage for its staff, including residents. In doing so, it entered into a contract with certain obligations and exclusions for each side. If a specific incident falls under these exclusions, the contract is not in force with regard to that incident. One such exclusion is that residents will not be covered if they treat uninsured persons unless such treatment occurs within the hospital setting or the resident has reasonable grounds to assume that such a person is insured. Those are not the circumstances you described to me."
"No," Jesse said. He had the sensation that the law books were falling off the top shelves, slowly but inexorably, like small green and brown glaciers. Outside, he had the same sensation about the tops of buildings.
"Therefore, you are not covered by any malpractice insurance. Another set of facts: Over the last five years jury decisions in malpractice cases have averaged 85% in favor of plaintiffs. Insurance companies and legislatures are made up of insurables, Dr. Randall. However, juries are still drawn by lot from the general citizenry. Most of the educated general citizenry finds ways to get out of jury duty. They always did. Juries are likely to be 65% or more uninsurables. It's the last place the have-nots still wield much real power, and they use it."
"You're saying I'm dead," Jesse said numbly. "They'll find me guilty."
The little lawyer looked pained. "Not 'dead,' Doctor. Convicted—most probably. But conviction isn't death. Not even professional death. The hospital may or may not dismiss you—they have that right—but you can still finish your training elsewhere. And malpractice suits, however they go, are not of themselves grounds for denial of a medical license. You can still be a doctor."
"Treating who?" Jesse cried. He threw up his hands. The books fell slightly faster. "If I'm convicted I'll have to declare bankruptcy—there's no way I could pay a jury settlement like that! And even if I found another residency at some third-rate hospital in Podunk, no decent practitioner would ever accept me as a partner. I'd have to practice alone, without money to set up more than a hole-in-the corner office among God-knows-who...and even that's assuming I can find a hospital that will let me finish. All because I wanted to help people who are getting shit on!"
The lawyer took off his glasses and rubbed the lenses thoughtfully with a tissue. "Maybe," he said, "they're shitting back."
"What?"
"You haven't asked about the specific charges, Doctor."
"Malpractice! The brat died!"
The lawyer said, "Of massive scaramine allergic reaction."
The anger leeched out of Jesse. He went very quiet.
"She was allergic to scaramine," the lawyer said. "You failed to ascertain that. A basic medical question."
"I—" The words wouldn't come out. He saw again the laminated genescan chart, the detailed analysis of chromosome 11. A camera clicking, recording that he was there. The hysterical woman, the mother, exploding from the back room: noooooooooo... The father standing frozen, his eyes downcast.
It wasn't possible.
Nobody would kill their own child. Not to discredit one of the fortunate ones, the haves, the insurables, the employables...No one would do that.
The lawyer was watching him carefully, glasses in hand.
Jesse said, "Dr. Michael Cassidy—" and stopped.
"Dr. Cassidy what?" the lawyer said.
But all Jesse could see, suddenly, was the row of plastic ducks in his parents' Florida yard, lined up as precisely as headstones, garish hideous yellow as they marched undeviatingly wherever it was they were going.
# # #
"No," Mike Cassidy said. "I didn't send him."
They stood in the hospital parking lot. Snow blew from the east. Cassidy wrapped both arms around himself and rocked back and forth. "He didn't come from us."
"He said he did!"
"I know. But he didn't. His group must have hear
d we were helping illegally, gotten your name from somebody—"
"But why?" Jesse shouted. "Why frame me? Why kill a child just to frame me? I'm nothing!"
Cassidy's face spasmed. Jesse saw that his horror at Jesse's position was real, his sympathy genuine, and both useless. There was nothing Cassidy could do.
"I don't know," Cassidy whispered. And then, "Are you going to name me at your malpractice trial?"
Jesse turned away without answering, into the wind.
# # #
Chief of Surgery Jonathan Eberhart called him into his office just before Jesse started his rotation. Before, not after. That was enough to tell him everything. He was getting very good at discovering the whole from a single clue.
"Sit down, Doctor," Eberhart said. His voice, normally austere, held unwilling compassion. Jesse heard it, and forced himself not to shudder.
"I'll stand."
"This is very difficult," Eberhart said, "but I think you already see our position. It's not one any of us would have chosen, but it's what we have. This hospital operates at a staggering deficit. Most patients cannot begin to cover the costs of modern technological health care. State and federal governments are both strapped with enormous debt. Without insurance companies and the private philanthropical support of a few rich families, we would not be able to open our doors to anyone at all. If we lose our insurance rating we—"
"I'm out on my ass," Jesse said. "Right?"
Eberhart looked out the window. It was snowing. Once Jesse, driving through Oceanview Security Enclave to pick up a date, had seen Eberhart building a snowman with two small children, probably his grandchildren. Even rolling lopsided globes of cold, Eberhart had had dignity.
"Yes, Doctor. I'm sorry. As I understand it, the facts of your case are not in legal dispute. Your residency here is terminated."
"Thank you," Jesse said, an odd formality suddenly replacing his crudeness. "For everything."
Eberhart neither answered nor turned around. His shoulders, framed in the grey window, slumped forward. He might, Jesse thought, have had a sudden advanced case of osteoporosis. For which, of course, he would be fully insured.
# # #
He packed the computer last, fitting each piece carefully into its original packing. Maybe that would raise the price that Second Thoughts was willing to give him: Look, almost new, still in the original box. At the last minute he decided to keep the playing pieces for go, shoving them into the suitcase with his clothes and medical equipment. Only this suitcase would go with him.
When the packing was done, he walked up two flights and rang Anne's bell. Her rotation ended a half hour ago. Maybe she wouldn't be asleep yet.
She answered the door in a loose blue robe, toothbrush in hand. "Jesse, hi, I'm afraid I'm really beat—"
He no longer believed in indirection. "Would you have dinner with me tomorrow night?"
"Oh, I'm sorry, I can't," Anne said. She shifted her weight so one bare foot stood on top of the other, a gesture so childish it had to be embarrassment. Her toenails were shiny and smooth.
"After your next rotation?" Jesse said. He didn't smile.
"I don't know when I—"
"The one after that?"
Anne was silent. She looked down at her toothbrush. A thin pristine line of toothpaste snaked over the bristles.
"Okay," Jesse said, without expression. "I just wanted to be sure."
"Jesse—" Anne called after him, but he didn't turn around. He could already tell from her voice that she didn't really have anything more to say. If he had turned it would have been only for the sake of a last look at her toes, polished and shiny as go stones, and there really didn't seem to be any point in looking.
# # #
He moved into a cheap hotel on Boylston Street, into a room the size of a supply closet with triple locks on the door and bars on the window, where his money would go far. Every morning he took the subway to the Copley Square library, rented a computer cubicle, and wrote letters to hospitals across the country. He also answered classified ads in the New England Journal of Medicine, those that offered practice out-of-country where a license was not crucial, or low-paying medical research positions not too many people might want, or supervised assistantships. In the afternoons he walked the grubby streets of Dorchester, looking for Kenny. The lawyer representing Mr. and Mrs. Steven Gocek, parents of the dead Rosamund, would give him no addresses. Neither would his own lawyer, he of the collapsing books and desperate clientele, in whom Jesse had already lost all faith.
He never saw Kenny on the cold streets.
The last week of March, an unseasonable warm wind blew from the south, and kept up. Crocuses and daffodils pushed up between the sagging buildings. Children appeared, chasing each other across the garbage-laden streets, crying raucously. Rejections came from hospitals, employers. Jesse had still not told his parents what had happened. Twice in April he picked up a public phone, and twice he saw again the plastic ducks marching across the artificial lawn, and something inside him slammed shut so hard not even the phone number could escape.
# # #
One sunny day in May he walked in the Public Garden. The city still maintained it fairly well; foreign tourist traffic made it profitable. Jesse counted the number of well-dressed foreigners versus the number of ragged street Bostonians. The ratio equaled the survival rate for uninsured diabetics.
"Hey, mister, help me! Please!"
A terrified boy, ten or eleven, grabbed Jesse's hand and pointed. At the bottom of a grassy knoll an elderly man lay crumpled on the ground, his face twisted.
"My Grandpa! He just grabbed his chest and fell down! Do something! Please!"
Jesse could smell the boy's fear, a stink like rich loam. He walked over to the old man. Breathing stopped, no pulse, color still pink...
No.
This man was an uninsured. Like Kenny, like Steven Gocek. Like Rosamund.
"Grandpa!" the child wailed. "Grandpa!"
Jesse knelt. He started mouth-to-mouth. The old man smelled of sweat, of fish, of old flesh. No blood moved through the body. "Breathe, dammit, breathe," Jesse heard someone say, and then realized it was him. "Breathe, you old fart, you uninsured deadbeat, you stinking ingrate, breathe—"
The old man breathed.
He sent the boy for more adults. The child took off at a dead run, returning twenty minutes later with uncles, father, cousins, aunts, most of whom spoke some language Jesse couldn't identify. In that twenty minutes none of the well-dressed tourists in the Garden approached Jesse, standing guard beside the old man, who breathed carefully and moaned softly, stretched full-length on the grass. The tourists glanced at him and then away, their faces tightening.
The tribe of family carried the old man away on a homemade stretcher. Jesse put his hand on the arm of one of the young men. "Insurance? Hospital?"
The man spat onto the grass.
Jesse walked beside the stretcher, monitoring the old man until he was in his own bed. He told the child what to do for him, since no one else seemed to understand. Later that day he went back, carrying his medical bag, and gave them the last of his hospital supply of nitroglycerin. The oldest woman, who had been too busy issuing orders about the stretcher to pay Jesse any attention before, stopped dead and jabbered in her own tongue.
"You a doctor?" the child translated. The tip of his ear, Jesse noticed, was missing. Congenital? Accident? Ritual mutilation? The ear had healed clean.
"Yeah," Jesse said. "A doctor."
The old woman chattered some more and disappeared behind a door. Jesse gazed at the walls. There were no deathbed photos. As he was leaving, the woman returned with ten incredibly dirty dollar bills.
"Doctor," she said, her accent harsh, and when she smiled Jesse saw that all her top teeth and most of her bottom ones were missing, the gum swollen with what might have been early signs of scurvy.
"Doctor," she said again.
# # #
He moved out of the hotel ju
st as the last of his money ran out. The old man's wife, Androula Malakasses, found him a room in somebody else's rambling, dilapidated boardinghouse. The house was noisy at all hours, but the room was clean and large. Androula's cousin brought home an old, multi-positional dentist chair, probably stolen, and Jesse used that for both examining and operating table. Medical substances—antibiotics, chemotherapy, IV drugs— which he had thought of as the hardest need to fill outside of controlled channels, turned out to be the easiest. On reflection, he realized this shouldn't have surprised him.
In July he delivered his first breech birth, a primapara whose labor was so long and painful and bloody he thought at one point he'd lose both mother and baby. He lost neither, although the new mother cursed him in Spanish and spit at him. She was too weak for the saliva to go far. Holding the warm-assed, nine-pound baby boy, Jesse had heard a camera click. He cursed too, but feebly; the sharp thrill of pleasure that pierced from throat to bowels was too strong.
In August he lost three patients in a row, all to conditions that would have needed elaborate, costly equipment and procedures: renal failure, aortic aneurysm, aneurism, narcotic overdose. He went to all three funerals. At each one the family and friends cleared a little space for him, in which he stood surrounded by respect and resentment. When a knife fight broke out at the funeral of the aneurysm, the family hustled Jesse away from the danger, but not so far away that he couldn't treat the loser.
In September a Chinese family, recent immigrants, moved into Androula's sprawling boarding house. The woman wept all day. The man roamed Boston, looking for work. There was a grandfather who spoke a little English, having learned it in Peking during the brief period of American industrial expansion into the Pacific Rim before the Chinese government convulsed and the American economy collapsed. The grandfather played go. On evenings when no one wanted Jesse, he sat with Lin Shujen and moved the polished white and black stones over the grid, seeking to enclose empty spaces without losing any pieces. Mr. Lin took a long time to consider each move.