First Do No Harm (Benjamin Davis Book Series, Book 1)

by A. Turk

  Caldwell was not an aggressive person, except in the operating room. He would never confront Tennessee Mutual as Davis suggested, but maybe one of his partners would. Caldwell agreed with Davis it was the right thing to do, but it carried a significant financial risk, and he expressed concern over the reaction of the entire partnership.

  “John, I’m sorry for any trouble my Plainview cases are causing you with your partners.”

  “Forget it. Just keep doing the right thing, and follow your heart.”

  The three men joined Caroline, Jake, and Sammie in the den. They were watching the Wizard of Oz. The movie had just changed to color, and Dorothy was in Munchkinland. The rest of the family was scattered throughout the house. Davis and Caldwell sat next to each other on the love seat, and Morty got comfortable in the easy chair.

  When the phone rang, Davis asked Caroline to answer it.

  She picked it up on the third ring. “Caroline Davis, Davis residence, may I help you?”

  “You can help me by sucking my dick.”

  Caroline turned white and froze.

  Seeing the horrified expression on his daughter’s face, Davis jumped up to grab the phone from her. He supported her weight in one arm and held the receiver with the other.

  “Who the hell is this?”

  “It’s not a friend wishing you a Happy Thanksgiving, that’s for fucking sure. You’re a stubborn fool. What do I have to do, kill you? Cut your losses while you still have that beautiful family. Why would you risk everything for Plainview?”

  The question was a good one. The answer was complex, and in part, the answer was that Davis was a stubborn son of a bitch.

  “Look, you tattooed bastard! If you don’t stay away from my family, you’ll be extinct just like that T-rex on your fucking forearm. I’ll shoot you dead, and that’s a fucking promise. I will make it my mission in life to hunt you down and put a bullet in your fucking brain. Tell those assholes that you work for that I’m not backing down, no matter what shit you try to pull. Don’t underestimate me, or you’re a dead man.”

  All hell broke loose when Liza heard what transpired. She quizzed Caroline, who repeated verbatim what the caller said.

  Liza screamed at Davis, “It’s Plainview or us! What’s more important? Your family or those damn cases? You’ve got to choose. Now!”

  At Liza’s outburst, Caroline ran from her father’s side into Sammie’s arms, and she was crying hysterically. Jake, in tears, was sitting on Morty’s lap while the old man stroked his head. Davis just stood there trying to decide how to answer.

  Surprisingly John Caldwell spoke up: “That’s an unfair question, sweetheart. Ben’s done nothing wrong. I’m proud of him and what he’s trying to do. These doctors are nothing more than criminals with medical licenses. They’ve hurt people; they’ve even killed people. There’s no question in my mind that the hospital’s also at fault because it created the atmosphere for this lunacy. Ben, I’d call the police and report this call.”

  Morty jumped in. “We should also subpoena your phone records. I’m sure this call was made from the hospital. This guy is brazen. He wants us to know he’s calling from the hospital.”

  Davis went over to Liza and tried to kiss her, but she pulled away from him. He wasn’t going to answer her question. His father-in-law answered it for him. Davis could not and would not give in. He was taking the Plainview cases to trial, no matter what.

  That morning, about three thirty, Davis woke up in a cold sweat. He looked over at Liza, who at the moment was calm because she was asleep. But he knew the storm was not over with her.

  After family members left, Liza erupted again and vehemently attacked her husband: “You’re not only putting yourself at risk, but this entire family is at risk. Don’t you care about your children?”

  “You know damn well I care about our children. Don’t be absurd.”

  “I’m sorry, it’s hard to tell. I suspect that a casual observer would think these Plainview lawsuits are more important than your family.”

  Ben shot back, “They are important to my professional reputation but not more important than you and the kids.”

  “Well, they’re more important than me staying home with the children. Plainview is forcing me to go back to work. I’d rather stay home than go back to the hospital.”

  “Both kids are in school.”

  “What about Christmas break and the summer?”

  “Your mother would be more than happy to help out.”

  “We borrowed $50,000 from your parents. Let’s borrow the same amount from mine.”

  “No way!” Davis was adamant.

  “You’re awfully proud, and because of your pride, I have to go back to work.” Liza rolled away from him in the bed.

  After recalling the exchange, Davis slipped out of bed and walked downstairs to his home office. He sat at his desk and put his face in the palms of his hands. How did I get into this mess? He couldn’t blame Morty, who warned against taking the cases. He could blame that worthless piece of shit Littleton, but what good would that do? No, this is my fault, and I’ll have to figure out how to fix it.

  The most dangerous problem out there was T-rex. Davis rubbed his shoulder as a reminder of his beating. That scumbag called his home this evening, probably from a pay phone. Davis didn’t agree with Morty that it was made from the hospital.

  Davis banged his right fist on the desk, disregarding the pain. He would subpoena his own phone records, but unless T-rex called from Herman’s or English’s office, it wouldn’t make a difference. He knew that the two calls on the morning of the beating, first to his home and then to the office, came from the hospital. That information didn’t impress the police. There were dozens of phones at the hospital, and almost anyone had access to make the calls. It did prove, however, that his beating was connected to the Plainview cases. But Davis didn’t need the phone records to know that.

  He pulled open the middle drawer of his desk and retrieved his .357, a gun he’d gotten from his friend Brian Bubi, who took Davis to a gun-training course. An identical gun was in his bedside table. He had shown the weapons to Jake and Caroline and warned them that the guns were Daddy’s and that they were not to touch them under any circumstances.

  He opened the chamber and took out a bullet. He held it between his thumb and his middle finger and thought about the yellow eyes of the T-rex that stared him down on the morning of his beating. A shiver went up and down Davis’s spine, and he said out loud, “If that son of a bitch comes near my family, I’ll put this bullet right between his eyes.”

  Davis chambered the bullet and put the gun back in his desk drawer. After he showered and dressed, he opened the drawer, put the gun in his briefcase, and left for the day. It was just before five.

  CHAPTER TWENTY-EIGHT

  I’LL CALL THE POPE

  THURSDAY, DECEMBER 9, 1993

  Laura Patel had requested a meeting with Davis two weeks earlier, but because of the Thanksgiving holiday and his work commitments, he had to put it off until now. Bella explained to Laura that his schedule was a mad house.

  When Laura arrived, Davis was already in his office with a client, so she visited with Bella. She found her easy to talk to.

  “How’s it going, Doc?”

  In response, Laura began to cry.

  Bella came from behind her desk and gave her a big hug. “It’s going to be all right, darling. Tell Bella what’s wrong.”

  Laura immediately opened up: “I had a good practice. I was close to my patients. I had a loving relationship with Maggie and my children. In a matter of days, those bastards turned my life upside down. I lost my practice. They smeared my good name professionally and personally. My life with Maggie also changed, and I’m not sure how I feel about it. I’m unemployed, and Maggie took a job at Vanderbilt Children’s Hospital in her chosen profession as a child psychologist. Our roles have reversed. She’s become the breadwinner, while I’m the stay-at-home mom.”

  Bel
la just listened. Then choosing her words carefully, she said, “You’re a doctor. That’s a big part of who you are, but you’re also a mom. You’re torn between the two things you love. Both you and Maggie have a desire to serve others, particularly children. So, the right solution is for you to take turns. Last year, it was Maggie’s turn to be with your children; now, it’s your turn. Enjoy this time. Focus on your children. Besides, you need to concentrate on your lawsuit against the hospital. What’s the status of your case?”

  When Laura started crying again, Bella wondered what she said to turn the water works back on. “Doctor, what did I say?”

  “Nothing. You’re as sweet as can be. But my lawsuit isn’t going that well. Brad Littleton is no Ben Davis. He doesn’t return my phone calls, and there’s no question he’s outmatched by the hospital’s attorneys. My deposition was a disaster. I don’t think Littleton properly prepared me. Right after my deposition, the hospital filed a motion for summary judgment, seeking to dismiss my counterclaim, and our response is due Monday. I’ve tried calling Littleton, but he hasn’t returned my calls. That’s what I’m here to see Mr. Davis about. I need his help.”

  Davis greeted Laura warmly, and that encouraged her. They sat at the conference table in his office while Laura expressed her concerns about Littleton and the status of her case. Davis shook his head in disgust. He didn’t interrupt her. It felt good just to speak her mind. He was a good listener.

  After she finished, Davis began, “Laura, you’ve been not only a friend but also a valuable resource to me throughout these Plainview cases. You helped me understand the medical aspects of the cases and introduced me to Sister Carson. Her testimony will prove that the hospital knew or should have known about the unnecessary tests and surgeries that those criminal doctors were performing on unsuspecting patients. What you’ve done will help Plainview and its citizens. You should be proud, and so should Maggie.”

  He paused a moment, letting his words sink in. “But I can’t represent you. Brad and I are already sideways in the Plainview cases. If I accept your case, I could injure the rights of my other clients. I can’t risk that. Brad would go berserk. He’s threatened to blow up the Plainview cases if I try to remove him as my co-counsel. He’d rather see everybody get nothing than be excluded from the process. He’s dead weight, but I’ve got no choice. I’ve got a contract with him. More important, his name’s on the contracts with each of my clients. I don’t trust him. I’d love to get him out of the cases, but we’re tied to each other like two guys in a three-legged race.

  “I’ll give Littleton a call and try to light a fire under his ass. I’ll review their motion and casually make suggested arguments to counter the motion. He’ll piss and moan, but in the end, because he’s lazy, he’ll take my recommendations. I’m sorry, but that’s the best I can do. I wish I could do more, but I can’t.”

  “I wish you could take control of my case, but I do understand. Any help you can give Littleton will be greatly appreciated,” Laura told him.

  “Laura, remember that all the response must do is raise a material fact in dispute to defeat their motion. I promise that both Morty and I will examine the facts and try to identify at least one material fact in dispute.

  “Doc, I have a telephone message from Sister Carson. She called earlier today. Would you like to sit in on the callback?”

  “I’d love to be included. We spoke last week about the Malone case. Anytime I get to talk to her is a treat. She’s been very supportive in helping me deal with my unemployment. She’s inspirational.”

  Davis dialed Sister Carson’s number. The phone rang twice, and an unfamiliar voice answered.

  “Mr. Davis, thank God you called back. Sister Carson is with Mother Superior Nash. I know they want to speak with you. I’ll transfer the call.”

  The Sister put Davis on hold, and the next thing that Davis heard was the Mother. “Mr. Davis, Mother Superior Nash here. Sister Carson is with me. I have you on speakerphone.”

  “Good morning, ladies. I have Dr. Patel with me. May I put you on speakerphone as well?”

  When both lines were on speaker, Mother Superior Nash took control. “This morning at about eight I was in a meeting, and my secretary took a message from Dr. Charles English, requesting that I call him back. I was not familiar with the name, so I called back immediately. I was concerned that one of my Sisters was either sick or injured.”

  Davis asked, “What did Dr. English have to say?”

  “The conversation was about you and Dr. Patel. Dr. English was very angry, and he sounded like he was either drunk or on medication because he slurred his words. He was very loud and quite obnoxious. His tone was so unusual and aggressive that I decided to make notes of our conversation. Let me read them to you.”

  Laura felt tension sweep through her body. She never expected any of the defendants to contact Sister Carson or her order directly. Dr. English was out of control.

  Mother Superior Nash began to read: “‘Did I know Sister Carson?’ I informed him that she was a beloved member of my order and the administrator and president of Saint Francis Hospital. ‘Did I know Dr. Laura Patel?’ I said I did. She had been a resident at Saint Francis several years ago, and Sister Carson had introduced us. He asked me if Sister Carson had anything to do with Dr. Patel’s adoption of two ‘Chink babies.’”

  Laura couldn’t take it any longer: “He’s a very sick man. He needs psychiatric help.”

  “I couldn’t agree more, my dear. I told him that I found that term offensive. I asked him why he was asking these questions. He accused Sister Carson of judging him without all the facts. He mentioned a Jew by the name of Ben Davis. He said that this Jew was trying to destroy his life and livelihood, just like the Jews killed Christ.”

  Davis hadn’t spoken since the introduction. “Did he threaten you in any way?”

  “He very loudly stated that he could not believe that a Catholic Sister could be a party to this. He claimed that Sister Carson was unwittingly being duped by Ben Davis and that, as her superior, I should intervene and prevent this injustice.

  “Furthermore, he threatened to go to the bishop and, if necessary, the pope to prevent Sister Carson from threatening his livelihood. He said he would ‘pull out all guns,’ and he wouldn’t rest until this injustice was righted.”

  Sister Carson broke in, “Mr. Davis, Mother has known about my involvement in the Plainview cases since the beginning. I spoke to her immediately after our first conversation in 1992. I had her permission to testify as an expert witness.”

  Laura could hear the two clergywomen talking on their end of the line.

  “If you recall, you notarized my affidavit. My testimony is directed against the liability of the hospital, but clearly my opinion is that Dr. English and Dr. Herman were guilty of not only negligence but also recklessness. The hospital and doctors were all about the money. They cared nothing about their patients.”

  Mother Superior Nash added, “He scared me, and I don’t scare easily. What do you think we should do?”

  Laura felt compelled to answer, “These men are dangerous. Mr. Davis was recently beaten up in his office. He has not outright blamed the defendants in the Plainview cases, but God forgive me, I suspect Dr. English and his cohorts.”

  Mother Superior Nash’s tone was even more concerned: “How badly was Mr. Davis injured?”

  In a low voice, Laura answered for Davis: “God was protecting him.”

  Davis supplied details: “My face was bruised and cut pretty badly. I had a couple of broken ribs and a dislocated shoulder.”

  Laura knew that the seventy-four-year-old Mother Superior was a fighter and wouldn’t be scared off by English.

  She proved it by her concluding remarks: “God will provide, and with the Lord’s help and a little bit of help from Mr. Davis, we’ll teach Dr. English about justice. I refuse to let this doctor intimidate us. We can risk a fight if it’s for a good cause.”

  “Do you have a fax machi
ne at the sanctuary?”

  Sister Carson responded in the negative. There was a short pause before Davis continued: “Sister will drive back to the hospital and fax me the Mother’s notes so I can prepare an affidavit for her signature. Tomorrow, I’ll file a faxed copy of the affidavit with the court and ask for a protective order preventing Dr. English from contacting either of you two again. Sister, have you explained to the Mother that Dr. English is on the run and a criminal with a medical license?”

  “No, I haven’t.”

  Davis then gave Mother Superior the five-minute version of Dr. English’s legal problems with one ex-wife and his current status as a fugitive. Davis reported that he disappeared about seventy days ago and that the only person who possibly knew his whereabouts was his attorney, Ms. Pierce.

  Sister Carson hesitated. “Ben, I’m willing to go forward and testify, but I can’t allow any of the defendants to injure the church or my order. I should also give an affidavit that Dr. English’s call was taken by me as a serious threat and that it was clear his purpose was to intimidate me and that now I am apprehensive. He clearly threatened to try to damage my reputation with the church, which is my most sacred possession. I told the Mother that if Dr. English in any way jeopardizes the order, I would withdraw my testimony.”

  Davis assured them that Judge Boxer, within a day or so, would issue an order preventing Dr. English from further contacting them.

  Sister Carson asked a relevant question: “Ben, if neither you nor Judge Boxer knows where Dr. English is, how are you going to prevent him from coming here? He could travel to Saint Paul, either by plane or by car. He could be on our doorstep tomorrow. We need your help and the court’s protection.”

  “You have my word, Sister, and my word is my bond.”