First Do No Harm (Benjamin Davis Book Series, Book 1) (20 page)

Davis led them to his home office and sat behind his desk. They left the others under the pretext that he and Morty wanted to smoke cigars. Liza knew this was a ruse because Morty would never smoke in front of her father. After settling in, Morty did pull out a cigar and light it up. He smiled at Caldwell. “I wouldn’t want to make your son-in-law a liar.”

Davis waited for his father-in-law to get to the business at hand. He looked uncharacteristically nervous.

“I’ve heard about these Plainview cases. You sued the hospital also.”

Davis knew that Caldwell had only the best intentions, but the comment still pissed him off. Despite
his anger, Davis tried to soften his words: “John, there’s no question in my mind that the hospital knew exactly what was going on. In one year, Plainview Community Hospital went from $2 million in the red to $2 million in the black. Any board would want to know why and how a small community hospital improved by $4 million, if not just to replicate that success next year.”

The expression on his father-in-law’s face told Davis that he had something else on his mind. “You didn’t bring us in here to talk about poor, poor Plainview Community Hospital. What’s really bothering you?”

His father-in-law sat back on the couch and hesitated before responding. “I had a very disturbing conversation yesterday, Ben. One of my partners got a call from an executive vice president at Tennessee Mutual. There’s nothing surprising about that. Ralph is the contact person for the partnership and has served on the insurance company’s board. Based upon our premiums, we own one-fourth of a percent of the company, which makes us the third largest shareholders. According to my partner, this prick came right out and said that because of the two of you, our partnership’s premiums will go sky-high as a result of the judgments in the Plainview cases. Apparently, Tennessee Mutual insures Dr. Herman, one of the defendants. He even suggested that we would bear a greater percentage of the loss because you’re my son-in-law.”

Both Morty and Davis were shocked by such a blatant attempt to wrongfully influence the outcome of the Plainview cases. Tennessee Mutual had balls or, as Morty would say, “chutzpah.” Davis was also upset for Caldwell. Davis had known Caldwell for more than fifteen years, and he respected and loved him. Even
though Davis was a lawyer who sued doctors and hospitals for a living, his father-in-law had always been supportive.

Caldwell even contributed $500 to the reward fund that Morty created through the Nashville Bar to reward those who had any information that would possibly lead to the arrest of Davis’s attackers. Morty drafted the announcement that appeared in an issue of the
Nashville Bar Journal
. He also wrote a personal letter to more than one hundred members of the Bar seeking their support and contribution. Morty got the ball rolling with an initial contribution of $5,000. Davis and Morty raised an additional $15,000, Davis added his own $5,000, and the reward rose to $25,000. The bartender from Tootsie’s got the money for calling the police to report Laurel and Hardy’s presence in the bar.

Davis almost apologetically asked Caldwell, “How did your partner respond?”

“I was very proud of him. He told the insurance company, and I quote, to ‘fuck off.’ He spoke to me yesterday, and he scheduled a partnership meeting on Saturday at three. We have a total of ten partners, and our insurance premium covers an additional six associates. Our current premium is more than $1 million per year. An increase in premium affects our bottom line. Ralph and I agreed that our partners have a right to know.”

Davis put out his cigar. The room was smoky, but Morty continued to puff away and cherish the smoke in his lungs. Davis was sorry his father-in-law was in this position, but it really wasn’t his fault. Tennessee Mutual elected to insure Herman. The company should have known that he failed the FLEX exam eight times; it should have reviewed Herman’s privileges at Plainview
Community Hospital since it was insuring his competency to perform those procedures.

“John, this is an obvious problem with mutual insurance companies. Good doctors have to pay for the mistakes of bad ones. You’re asking the wrong questions. Your group should question your company, as shareholders, how the underwriting department ever insured this incompetent in the first place. Rather than be on the defensive, your partnership should confront the company.”

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.

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.”

Bella 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.”