by Barbara Ebel
“Your Honor, Doctor Tilson has previously not disputed giving anything to his ex-wife. He gave her the house he inherited from his father, and is giving her more than adequate child support and alimony…”
“That is very commendable of your client, Mr. Cunningham. Now let’s get to the meat of it. Your client makes an income with a number that is followed by five zeroes. His ex-wife makes an income with no real number because it is a zero. Haven’t you heard of disparity of income, Mr. Cunningham?”
“Yes, your Honor.”
“Dr. Tilson is ordered to pay Mrs. Tilson her legal fees, including any fees to commence the resolution of this issue.” With that, he pounded his gavel on its block for the next motion.
Mark and Danny unobtrusively peeled out of the courtroom along the sidewall.
“Mark, I’m mixed between feelings of anger and depression. I’m actually glad I went. It opened my eyes further to the system.”
“Join the working man’s dilemma,” Mark said. “Actually, sometimes these days, it’s a working woman’s dilemma, too, if she was married to a deadbeat.”
Danny wished him a good day and hurried to the office.
___________
Cheryl stalled until ten minutes after nine then put two patients into rooms. After another ten minutes, a man opened his door to look for Danny in the hallway. “I can’t understand it,” the patient said to Bruce who walked by. “I’m Dr. Tilson’s first patient scheduled for nine o’clock. Can you see me instead?”
“I’m sure Dr. Tilson was emergently detained. Would you like for Cheryl to bring you a cup of coffee?”
“Forget it. This is the first and last time I’m going to him.”
___________
In the doctor’s lounge, Danny scrolled the computer for patients’ labs before his scheduled one o’clock case. It was already after one, even though he speeded through seeing office patients to make up for his morning tardiness, but lucky for him, his surgery case had arrived late. The best thing to happen all day, he thought. He small talked with another surgeon then strolled to the front desk.
Staff hurried in and out of the small room, blue scrubs coming and going. One woman sat at the desk facing the open window to the hallway. “Your case is going back right now, Dr. Tilson. Just sit tight.” She grinned while ignoring the incessant ringing of the phone.
“It’s not that,” Danny said. “I simply have a question about the scrub nurse, Rachel Hendersen. The one who assists in my cases.”
“Yeah, I heard about you two.” She raised her eyebrows. “But if you want to know anything particular, you’ll have to ask the head nurse. Pat is around here somewhere. Do you want her to stop by your case to talk to you?”
“Sure, thanks.” Danny walked to OR 10. He again greeted his patient who was on the operating room table. After scrubbing and the patient being put to sleep, he began surgery. The patient had a classic presentation of seizures, but less common was the diagnosis of an oligodendroglioma, which only comprised about two to four percent of primary brain tumors. Rarer still were ones that needed surgery before chemotherapy. Danny isolated the solid portion and talked to the pathologist about it on the intercom, describing its appearance. Although the physician hated to report confirmations on cancerous cells, he anxiously awaited the tissue, as its “fried egg” appearance would be an interesting pathology specimen. Danny told him the specimen would be shortly on its way.
The OR door opened; with a sideward glance, Danny saw Pat, the charge nurse. She held a clipboard to keep track of rooms, cases, and surgeons. She peered into the patient’s brain as Danny halted the scalpel.
“Dr. Tilson, you had a question?”
“I’m wondering if you know when nurse Rachel will be back to work. Not that my present nurse isn’t doing a nice job.”
Pat dropped her clipboard arm to her side, surprised. “Dr. Tilson, Rachel doesn’t work here anymore. She handed me her resignation.”
Danny’s hands trembled. The scalpel he held tumbled from his right fingers like a residual drop of water after a faucet is shut.
Pat took a step towards the door.
“Did she leave a forwarding address or job information?” Danny stuttered.
“No. Left cold turkey.”
Pat raised her clipboard and started for the hallway again. “Oh, and Dr. Tilson? Rachel Hendersen wasn’t an RN, but a technician.” One side of the metal door creaked closed behind her.
A quiet in the room became dead silence to Danny. He shook with disbelief. He looked down at the scalpel, luckily perched on the edge of his patient’s skull which was covered by a sterile drape. The sharp edge tottered above the open hole to moist gray brain.
Chapter 23
“A quarter-pounder with cheese,” Danny said at the drive through window. “And fries. And a coke. Oh, better make that two.”
“Like two what, everything?” asked a young female.
“No, just the quarter-pounder.”
“With cheese?”
“I believe so. I think dogs eat cheese, it doesn’t make them sick, does it?”
“Mister, if you’re feeding a dog fast food instead of dog food, I don’t think cheese‘ll kill ‘im.” Before Danny drove forward, he heard the teen remark to a coworker. “People driving through here just keep getting stupider than my brother.”
At the window, the girl with a pierced eyebrow took his money, shoved a large bag at him followed by a monstrously large coke.
“Your silver metal ring is very becoming,” Danny said.
She cracked a wad of gum. “Thanks.”
“Last month’s article in the New Duncefield Medical Journal confirmed it, however.”
“Confirmed what?”
“The gray matter in the brain has a neuro system. You know, electrical synapses, so in essence there is this low magnetic field between the right and left part of your brain. They are called hemispheres. People with eyebrow rings have to balance out the magnetism to even out their brain. In other words, you better put metal on the other side. You’d look good with another color, too.”
She stopped chewing. “Hey, like thanks, mister.”
Danny drove away chuckling, and hoped Dakota had a big bladder like his brain since he had walked him before sunrise. He arrived home at 8 p.m. to a gregarious greeting, the dog spinning around Danny as he precariously put the burger bag and cup on the counter. Danny spotted pooled moisture oozing into the hardwood floor. Below the armrest of the couch and the corner of the area rug there lingered an aromatic smell. By the looks of the puddle, Danny thought it was fresh out of Dakota’s dispenser. He fetched a roll of paper towels. It took a dozen super absorbent sheets to sop up the mess. Dakota kept his distance with a sorry expression, his head lower than his shoulders as he kept still.
“It’s not your fault,” Danny said, extending his left arm to pat his head. “I know you’re housetrained. I can’t expect you to perform miracles.” Dakota crawled toward him and Danny rubbed his head. “Okay, go get your leash and we’ll tackle that stiff wind together. And wait until you taste one of those succulent cheeseburgers you’re smelling.”
___________
Danny decided New Year’s Eve would be the end of a string of lousy circumstances. More than lousy. In 2009, he had to consider prioritizing agendas and straighten out his life. Even his financial situation was dismal. More than dismal. He went to the office considering Mary and Casey’s party invitation for that night. His thoughts abruptly stopped when Bruce practically blocked him at the door.
“Stewart and Richard are tacking us on at the end of their day,” Bruce said tersely, “so don’t go anywhere later. It’s nice of them to do that on New Year’s Eve.”
“Yeah, that’s swell of them.”
“You know …” Bruce began, but then stopped, turned and stormed away, throwing a chart on the front desk.
All day, Danny played low-key, keeping out of Bruce’s way, sneaking coffee when Bruce was seeing patients. Offic
e personnel and patients left at five, a later pre-holiday wrap-up than Bruce had wanted for the staff. Danny finally wrote the check to Sara’s attorney, trying not to swear obscenities, which were becoming more customary in his vocabulary. He dated it January 1, 2009, payable to Jim Dorsey for nine thousand eight hundred three dollars. Divorce costs would use up all his January’s after tax salary, without paying the rent. He addressed the envelope and put it in his outgoing mailbox.
Danny heard a knock at the door and Bruce stuck his head in. “We’re in the conference room.”
The two attorneys stood shuffling folders as Danny entered hastily. “Happy New Year tomorrow,” Stewart said.
“Thank you for coming so quickly after the deposition. And lots of cheer next year too,” Bruce said.
“Ditto,” Danny added.
Stewart shot him a glance, straightened her blazer, and sat.
“Let’s cut to the chase,” Richard said.
“Richard and I have thoroughly reviewed the deposition transcripts from both Dr. Tilson and Ms. Dexter. There is bad news and good news.”
“The good news,” Richard continued, “is that Dr. Tilson here did not actively do anything negligent to the patient, nor was there any kind of permanent, serious or immediate life threatening action to the patient caused by Dr. Tilson. He was negligent, as we know, by other means … minimizing his evaluation of her CT scan, failure to send the patient to a neurologist etcetera, etcetera.”
“That puts us in better shape to minimize the amount they’re asking for,” Stewart said. “The unfortunate news is that Danny does look bad. We would not stunningly win this case, and may even have to fork over more money if we don’t come to a mutually agreeable resolution.”
“We suggest settling this out of court,” Richard said. “The plaintiff’s attorney and the two of us have judiciously been beating around the bush.”
“Their lawsuit asks for a million dollars,” Bruce said, scowling.
“They know, and we know, that’s preposterous,” Stewart said. She looked at Richard, who sat next to her, both of them at an angle towards each other, like a mirror image.
“Yes, preposterous,” Richard echoed. “But you never know the price tag a jury hangs on a case. You could have a juror who had a similar situation with a loved one who would like to see Dr. Tilson suffer.”
Danny let out a sigh, and un-gripped the armrest. Nothing was in his hands any more.
“We think we can start with a figure of one hundred thousand but not go higher than two hundred thousand,” Richard said. “We believe the plaintiff will be ecstatic with that kind of money, the damage done doesn’t deserve any more, and we don’t want to play roulette by suggesting any less.”
“Is that all?” Danny asked.
“Why, do you want it to be more?” Richard asked.
“No, I didn’t mean the settlement. I was waiting for Stewart’s half to your half of what you just said.”
Richard and Stewart both rose, looking at each other. “Think about it,” Richard said. “Give us a call on Monday and we’ll try a fast resolution.”
“After all,” Stewart said, “you don’t want your medical reputation to tarnish in the interim.”
Bruce coughed. “Lately, Danny’s taking care of that himself.”
___________
After rushing home, Danny grabbed his mail. He discarded supermarket advertisements, thumbed through envelopes, and dropped the rest on the kitchen counter. He was too tired to deal with junk, even an envelope from the apartment complex. Probably a bill for the rent, which he’d paid already.
Dakota dropped his leash at Danny’s feet and stood wagging his tail. “Okay, boy, let’s go.”
Danny and Dakota ambled through the causeway, towards the back. There was something soulful about taking a dog for a walk. He wouldn’t have experienced the apartment grounds, the network of paths, or bundled up again to brave the cold; it established a dependable routine. The walks gave him a respite, a means to reflect on the day. Instead of thinking that Rachel had dumped Dakota on him, he began to think it was Rachel’s loss. His new four-legged buddy wasn’t a substitute for his girls, but the dog made him feel less lonely.
Dakota’s nose detected a luxurious scent and he sniffed with enthusiasm, yanking Danny over to a different swatch of brown grass to inhale the aroma. He lifted his leg and dispatched a stream, the balancing act getting more precarious as the seconds ticked by. Dakota pranced along Danny’s side occasionally peering up, occasionally bumping Danny’s leg with his snout. “I love you, too, dog,” Danny finally said.
Inside, Danny scooped Purina into a dog bowl, and spread out on the couch with the portable phone and called Mary and Casey. “I’m declining the New Year’s Eve invite,” he said. “The festivities don’t need me. I need to chill … quiet and alone.”
“We thought you’d be here an hour or two ago,” Casey said. Danny heard glassware and voices in the background.
“Well, I was detained.”
“I’m off next week,” Casey said. “Mary and I are contemplating a few days out of town, just in case I don’t see you before then.”
“Okay, happy New Year,” Danny said and hung up. He pressed his hand into the warmth of Dakota’s wavy double coat on his neck as a nap drew his eyelids shut.
___________
Except for booked surgeries that couldn’t wait, the first week of the New Year brought lighter than normal office appointments. Patients were reluctant to hurry in; they carried looming credit card debt from the holidays and couldn’t afford shelling out the New Year’s deductibles of their medical insurance coverage. Danny and Harold would appreciate the lull, but Bruce hated it. Instead of making more trips to the coffee room, he spent more socializing time in each patient’s room, polishing his PR skills. On Wednesday, Danny sprung for the delivery of pepperoni pizzas to the office for lunch. He opened a cardboard box, steaming with melted cheese and tomato sauce. Cheryl and Danny both folded slices and began to eat.
“Thanks, Dr. Tilson,” she said. “But not a thoughtful way to start a female dieter’s New Year.”
“My pleasure,” Danny said as Bruce walked in.
“Are you going to take a break and eat?” Cheryl asked.
“I will as I discuss legal affairs with Danny, but you don’t have to leave.” Bruce took a plate, slid on a slice, and poured an iced tea. “We have to call Parity Insurance today. Since the group is listed on the lawsuit, settlement comes from all our pockets, so to speak.” He took a bite over the table.
“Richard and Stewart,” Bruce said, “have given us their professional judgment, which we should agree with. What about starting out with their beginning figure and hopefully the plaintiff’s attorney doesn’t push it over two hundred thousand.”
“I agree,” Danny said, silently grateful for the concurrence of their opinions.
“You call them.” Bruce flipped the lid open to cool a second piece. “I hope we never have another lawsuit in this group. And if there is, that it’s at least defensible.” He gave Danny a hard stare.
At three o’clock, Danny called Parity. Stewart congratulated their decision, saying they would propose the settlement to the opposing attorney by five.
___________
The fortune of leaving early was like a surprise gift. Danny arrived home, changed into sneakers and jeans and threw a ribbed neck sweater over his shirt. Every time Danny had wanted to ask the girls to his apartment, there had been another situation out of control, preventing it. “Get your leash, Dakota, while I call the girls.”
Annabel picked up the phone. “I’ll take you and Nancy to dinner,” Danny said. “Then I’ll show you my apartment if you’d like.”
“Awesome Dad.”
“I’ll pick you up.”
Danny donned his jacket, leashed Dakota, and stuck his car keys and cell phone into his pocket. He walked Dakota around the complex then opened his Lexus hatchback. When he stopped in front of his old house, he kep
t the heat going as Annabel and Nancy hurried from the front door towards the vehicle.
“Wow, you brought Dakota,” Annabel said, getting in the front door.
“Cool, Dad,” Nancy said as the dog’s thrashing tail pounded the back door. Nancy turned around to pet him.
“Dad, the orthodontist said my bottom braces are coming off the next visit and it won’t be long for the top ones either.”
“Good for you.” He leaned over for a hug before driving. “Where should I take you? Downtown Italy?”
“We’re taking Dakota?” Nancy asked.
“It’s not hot like summer when I wouldn’t even think about it. We can leave him in the car, windows cracked. We won’t be that long.”
“How about some place not as fancy?” Nancy asked. “Sometimes I get sad to go to Downtown Italy. It’s not the same like when we were all together.” Nancy changed her tone to continue. “Plus, we’re dying to see what you’re living in.” She stopped petting Dakota and buckled her seat belt.
“How about the barbecue place on the same street?”
“That’ll work for us,” Annabel said.
___________
The heavy scent of barbecue piped into their nostrils as they clustered into a booth. Danny ordered the pork sandwich plate and iced tea.
“Iced tea doesn’t seem like a winter drink,” Nancy said.
“Just ignore my sister,” Annabel said to the teenage waiter. “The weather isn’t stopping me.”
“Make it three of everything,” Danny said when the girls agreed. “Actually, I’ll take an extra sandwich.”
“Mom is still running,” Annabel said when the young man walked away. She studied Danny’s face, testing his interest. “I still join her sometimes because I think I’m going to try out for track and field in college. Mom’s pretty fast, so I have to keep up with her.”