I do not like contention. I learned early in my life that strife was
counterproductive.
When I was in grade school I got into a fight with another boy. I do not remember what it was about. We were on the playground and we started hitting each other with our fists. I was stronger and took him down in a wrestling hold and sat on his chest and beat him in the face with my fists. Then I started to cry and felt bad. I did not get reprimanded for this action, but I never did fight again at school.
My brothers and I would occasionally disagree, but I do not remember really fighting with them. Perhaps that was because I was a lot older than they.
I always felt uncomfortable in confrontational situations.
My first malpractice case came as the result of a baby that died. The mother was not married and she had a rather long labor. In retrospect I would have delivered her by C-section, but I thought that she would progress faster than she did. I applied a mid forceps and she did not push effectively. The baby was depressed at birth and required resuscitation. I called Primary Hospital and had the baby transported there and the baby died. I told the mother that if it would make her feel better she could blame me for the death, and that I was extremely sorry. The father of the baby was not a member of the church and later married the mother who was a member of the church. Someone from Primary Hospital encouraged him to sue me for the death of the baby and he went to Gerry Spence[1] and they initiated proceedings. When they found that I carried only $100,000 liability insurance, they were furious. They told me I needed at least ten times that much.
They initiated a lawsuit for the mother, the father of the baby and the baby so they could get $300,000.
I had to initiate proceedings against my own insurance company in order to get them to pay the litigants. Of course this was only done on contingency fee. We settled the case and the father of the baby went out and spent the money and soon had nothing to show for it.
Over time the mother went on to have more children. She and the family went to the Lander clinic for their care. One day one of the children got ill and ended up in the emergency room. The doctor from the clinic said he wanted to do a spinal tap to rule out meningitis. The mother was concerned and did not want to have the procedure done. I received a call from the mother. She wanted a second opinion from me. I was surprised that she would even consider asking me, because of the previous situation, even though I had taken care of her as a child. I may have even delivered her, I cannot remember.
I think that someone said that I should not even see the child, but refuse to go. I did go up and examine the child and did not find a reason to do a spinal tap and told the mother my findings. She seemed relieved and took the child home. The child improved and the mother approached me about taking the family as patients in my practice. I did not refuse her request and the relationship was restored much to the displeasure of the father. The parents were separated for a while, but I hear that they are back together. The children liked to come to my office.
The second lawsuit was about an Indian child who contacted Hemophilus Influenza meningitis. I had seen the child in my office and examined it. I did not find anything worrisome and sent them home without treatment.
A day or two later the child was seen by the physician's assistant at the Lander medical clinic. He also did not find any serious illness and sent the child home with no medication. During the night the mother took Peyote and the following morning the child was very ill and was running a fever. The sister of the mother saw the child was ill and insisted that they go to the emergency room. The mother took the child to the emergency room. I was passing through the emergency room to make my hospital rounds and saw the child and made the diagnosis of meningitis just by looking at the child without any examination. I did a spinal tap carefully and drew blood cultures and started the child on Chloromycetin or Rocephin, I can't remember which.
The child responded to the medication and was soon out of danger and recovered. Unfortunately there was brain damage from the infection. The mother took the child and moved to Arizona where an attorney was contacted and a lawsuit was instituted.
They subpoenaed the records and they decided to sue the Lander medical clinic and me. Because she and the child were American Indians the case was tried in Federal court and the trial was held in Cheyenne. They also sued the hospital. They were after a lot of money. The trial was over a week in length and interrupted in the middle and we had to return to Cheyenne because of a continuance, but I did not know what the reason was for the interruption. I was called on to testify in my own behalf. During the cross- examination, I broke down and cried. The plaintiff's attorney asked me on what kind of doctor I was and I replied that I was a good a doctor as I would want to go to. The plaintiff's attorney did not like that and tried to get me off the stand, but I composed myself and was able to finish.
In the end the plaintiff's attorney was begging the jury to award the mother and child some compensation, but I was found not negligent and the attorneys for the plaintiff had to pay their expenses. I was disturbed that they were not responsible for the court costs as well, but my attorney would not press that issue, so each party to the lawsuit had to pay their own court costs. I suppose that he felt sorry for the other side. The insurance company had to pay out $50,000 for my defense.
The next lawsuit that I was involved in came close to the time that I retired and involved another case of meningitis.
I remember well the circumstances. The mother was a flaky woman. She called into labor and delivery with complaints of early labor. Because of the circumstances she was transported to Denver, Colorado for her delivery. She had a group B Streptococcal infection and was treated for that in Denver.
The baby was treated for about a day and then, because they felt that the baby was not at risk, treatment was stopped. Because the baby was early, they transferred him back to Lander. We had the baby in the nursery for a short time. Then the baby began to have seizures. I called and consulted with the Pediatric unit that sent me the baby. They were not helpful. I drew cultures and agreed to postpone antibiotic therapy until a diagnosis was established against my better judgment that this was the correct thing to do. They came back and transported the baby back to Denver where it was determined that the infant had group B Streptococcal meningitis and sepsis.
When I was in grade school I got into a fight with another boy. I do not remember what it was about. We were on the playground and we started hitting each other with our fists. I was stronger and took him down in a wrestling hold and sat on his chest and beat him in the face with my fists. Then I started to cry and felt bad. I did not get reprimanded for this action, but I never did fight again at school.
My brothers and I would occasionally disagree, but I do not remember really fighting with them. Perhaps that was because I was a lot older than they.
I always felt uncomfortable in confrontational situations.
My first malpractice case came as the result of a baby that died. The mother was not married and she had a rather long labor. In retrospect I would have delivered her by C-section, but I thought that she would progress faster than she did. I applied a mid forceps and she did not push effectively. The baby was depressed at birth and required resuscitation. I called Primary Hospital and had the baby transported there and the baby died. I told the mother that if it would make her feel better she could blame me for the death, and that I was extremely sorry. The father of the baby was not a member of the church and later married the mother who was a member of the church. Someone from Primary Hospital encouraged him to sue me for the death of the baby and he went to Gerry Spence[1] and they initiated proceedings. When they found that I carried only $100,000 liability insurance, they were furious. They told me I needed at least ten times that much.
They initiated a lawsuit for the mother, the father of the baby and the baby so they could get $300,000.
I had to initiate proceedings against my own insurance company in order to get them to pay the litigants. Of course this was only done on contingency fee. We settled the case and the father of the baby went out and spent the money and soon had nothing to show for it.
Over time the mother went on to have more children. She and the family went to the Lander clinic for their care. One day one of the children got ill and ended up in the emergency room. The doctor from the clinic said he wanted to do a spinal tap to rule out meningitis. The mother was concerned and did not want to have the procedure done. I received a call from the mother. She wanted a second opinion from me. I was surprised that she would even consider asking me, because of the previous situation, even though I had taken care of her as a child. I may have even delivered her, I cannot remember.
I think that someone said that I should not even see the child, but refuse to go. I did go up and examine the child and did not find a reason to do a spinal tap and told the mother my findings. She seemed relieved and took the child home. The child improved and the mother approached me about taking the family as patients in my practice. I did not refuse her request and the relationship was restored much to the displeasure of the father. The parents were separated for a while, but I hear that they are back together. The children liked to come to my office.
The second lawsuit was about an Indian child who contacted Hemophilus Influenza meningitis. I had seen the child in my office and examined it. I did not find anything worrisome and sent them home without treatment.
A day or two later the child was seen by the physician's assistant at the Lander medical clinic. He also did not find any serious illness and sent the child home with no medication. During the night the mother took Peyote and the following morning the child was very ill and was running a fever. The sister of the mother saw the child was ill and insisted that they go to the emergency room. The mother took the child to the emergency room. I was passing through the emergency room to make my hospital rounds and saw the child and made the diagnosis of meningitis just by looking at the child without any examination. I did a spinal tap carefully and drew blood cultures and started the child on Chloromycetin or Rocephin, I can't remember which.
The child responded to the medication and was soon out of danger and recovered. Unfortunately there was brain damage from the infection. The mother took the child and moved to Arizona where an attorney was contacted and a lawsuit was instituted.
They subpoenaed the records and they decided to sue the Lander medical clinic and me. Because she and the child were American Indians the case was tried in Federal court and the trial was held in Cheyenne. They also sued the hospital. They were after a lot of money. The trial was over a week in length and interrupted in the middle and we had to return to Cheyenne because of a continuance, but I did not know what the reason was for the interruption. I was called on to testify in my own behalf. During the cross- examination, I broke down and cried. The plaintiff's attorney asked me on what kind of doctor I was and I replied that I was a good a doctor as I would want to go to. The plaintiff's attorney did not like that and tried to get me off the stand, but I composed myself and was able to finish.
In the end the plaintiff's attorney was begging the jury to award the mother and child some compensation, but I was found not negligent and the attorneys for the plaintiff had to pay their expenses. I was disturbed that they were not responsible for the court costs as well, but my attorney would not press that issue, so each party to the lawsuit had to pay their own court costs. I suppose that he felt sorry for the other side. The insurance company had to pay out $50,000 for my defense.
The next lawsuit that I was involved in came close to the time that I retired and involved another case of meningitis.
I remember well the circumstances. The mother was a flaky woman. She called into labor and delivery with complaints of early labor. Because of the circumstances she was transported to Denver, Colorado for her delivery. She had a group B Streptococcal infection and was treated for that in Denver.
The baby was treated for about a day and then, because they felt that the baby was not at risk, treatment was stopped. Because the baby was early, they transferred him back to Lander. We had the baby in the nursery for a short time. Then the baby began to have seizures. I called and consulted with the Pediatric unit that sent me the baby. They were not helpful. I drew cultures and agreed to postpone antibiotic therapy until a diagnosis was established against my better judgment that this was the correct thing to do. They came back and transported the baby back to Denver where it was determined that the infant had group B Streptococcal meningitis and sepsis.
The mother was a welfare case as well as the baby. The baby
had a poor outcome and was mentally retarded. The mother got a lawyer from
Riverton who was said to have stated that he wanted to make sure that I never
practiced medicine again.
A lawsuit was instituted and the insurance company assigned me the same lawyer, Rob Shively, that defended me in the previous case. Depositions were taken and the doctors in Denver claimed no responsibility and pointed the finger at me. They should have treated the baby with parenteral antibiotics for ten days before sending the infant back to Lander. I was lulled into a false sense of security in thinking that the baby was not infected. We call this a mindset and it happens to every one at one time or other in their lives.
I sold my practice and then left on our mission to Germany with the lawsuit still pending. I told the lawyer to settle the case, because I did not want that to hang over my head while serving the Lord.
The litigants were after all the money that they could get and more. The settlement offer was refused and I was called back to Lander for the trial. The area presidency was not particularly happy to have me leave, but I needed to go for another reason. I arrived back in Lander only to have the attorney call to tell me that the lawsuit had been settled the day before the trial was to start.
The real reason for my coming back to Lander was the following: I was staying with my mother and father. Dad complained that he was not feeling well and had abdominal pain. I examined him and made the diagnosis of acute abdomen and felt he might have appendicitis. Dad had a very high pain threshold and would not have sought medical care expeditiously.
I took him to the emergency room and got the surgeon on call, Dr. O’Connor to examine him. He agreed that dad had an acute abdomen and dad was taken to surgery where he was found to have a gangrenous gall bladder. He would not have survived had he not had the surgery at that time. Thus the Lord used the circumstance to bring me home to give my father about seven more years to be with my mother.
The settlement was for a large amount. The State of Wyoming took the money that welfare had paid in hospital and doctors fees from the money that was granted in the settlement and then put a large sum in trust for the care of the child. Of course the attorney got 50% and earned more money than I did in a year. He got his wish. I retired.
I do not remember how much the insurance company paid out, and in the eternal scheme of things, it really doesn't matter. I tried to do what was right. I maintained my integrity as well as I knew how. One will not be perfect in everything that he does. As long as you do the best you can under the circumstances, then let the consequences follow, as they will. They may not always be happy consequences for us in this life, but we have eternity before us.
A lawsuit was instituted and the insurance company assigned me the same lawyer, Rob Shively, that defended me in the previous case. Depositions were taken and the doctors in Denver claimed no responsibility and pointed the finger at me. They should have treated the baby with parenteral antibiotics for ten days before sending the infant back to Lander. I was lulled into a false sense of security in thinking that the baby was not infected. We call this a mindset and it happens to every one at one time or other in their lives.
I sold my practice and then left on our mission to Germany with the lawsuit still pending. I told the lawyer to settle the case, because I did not want that to hang over my head while serving the Lord.
The litigants were after all the money that they could get and more. The settlement offer was refused and I was called back to Lander for the trial. The area presidency was not particularly happy to have me leave, but I needed to go for another reason. I arrived back in Lander only to have the attorney call to tell me that the lawsuit had been settled the day before the trial was to start.
The real reason for my coming back to Lander was the following: I was staying with my mother and father. Dad complained that he was not feeling well and had abdominal pain. I examined him and made the diagnosis of acute abdomen and felt he might have appendicitis. Dad had a very high pain threshold and would not have sought medical care expeditiously.
I took him to the emergency room and got the surgeon on call, Dr. O’Connor to examine him. He agreed that dad had an acute abdomen and dad was taken to surgery where he was found to have a gangrenous gall bladder. He would not have survived had he not had the surgery at that time. Thus the Lord used the circumstance to bring me home to give my father about seven more years to be with my mother.
The settlement was for a large amount. The State of Wyoming took the money that welfare had paid in hospital and doctors fees from the money that was granted in the settlement and then put a large sum in trust for the care of the child. Of course the attorney got 50% and earned more money than I did in a year. He got his wish. I retired.
I do not remember how much the insurance company paid out, and in the eternal scheme of things, it really doesn't matter. I tried to do what was right. I maintained my integrity as well as I knew how. One will not be perfect in everything that he does. As long as you do the best you can under the circumstances, then let the consequences follow, as they will. They may not always be happy consequences for us in this life, but we have eternity before us.
The following is my account written at the time:
I had
not wanted to go back to Lander to interrupt my mission. I felt it was not in
the best interests of the mission, and knew that there would be calls from the
mission presidents that I needed to take and business that needed attending to.
I had scheduled a trip to Lithuania to search out medical facilities and
physicians to take care of the missionaries’ medical problems. I had the
impression come to me that if the case was not settled and went to trial that I
would win the case and that the plaintiff would not get anything. This was
later confirmed again as I was pondering the case.
The
area presidency was not too happy and when I approached Elder Hancock. He said
that I would have to get permission from the missionary committee to return
home. He asked me to write a summary of the case and send it to him and he
would foreword it with his letter to the missionary committee. I also notified
Dr. Harris of the situation. When we first came last year I let Dr. Harris know
that there was a suit pending and that I had instructed the attorney to settle
it if he could. It was not that I had done anything wrong, but that the
circumstances were such that if one were skillful one could make it appear as
though the child’s condition was all due to a failure to treat on my part. The
insurance company was rightfully indignant that I seemed reluctant to have the
case tried. It is legalized extortion of the insurance company. I think that I
made the insurance company a little mad and they responded with a letter that
said that if I didn’t come home for the trial, I would have to be financially
responsible if the case was lost.
I did
have some trouble getting a flight home, because all the flights on Saturday
and Sunday of last week were booked and I had to be waitlisted. I initially
thought of flying into Salt Lake and driving up to Lander, but I was too
worried about spring snowstorms on South Pass. I just told the travel agent to
book me into Riverton and so we had to go with United instead of Delta.
The
missionary committee sent Elder Hancock approval for me to go to Lander for
trial and Elder Hancock told me to keep in touch with Elder Busche and let him
know if I really had to go and the case was not settled on Thursday. It was
not, and I got a flight out on Saturday instead of Sunday as was originally
planned. The flight was in business class and was really nice. I slept for
about 2 hours on the flight to Chicago. The flight from Chicago to Denver did
not have business class and so they put me in first class. When I got to
Denver, I looked on the board and it said that the 12:30 flight from Denver (to
Lander) was delayed and so I thought that if I could get on that flight I would
not have to wait until 5:00 to get out.
I went
to the counter and the girl said that the flight was delayed, but that she
would get me changed. As it was we didn’t get out until 3:30. I was on the
flight with Sage McCann and Samrine Hasan. The flight was full. When we got to
Riverton I called and Glendon was supposed to come and pick me up, but hadn’t
left yet so I rode back to Lander with Dr. Hasan and her daughter. I got to
Lander before the flight was scheduled to take off from Denver. I stayed up
until mother and Dad went to bed even though I wanted to sleep. The luggage did
not come on my plane, but they brought it from Riverton and delivered it at the
house at 9:30 just after I went to bed.
Shirley
and Glendon were there when I arrived and left the next morning at 4:30, but I
didn’t hear them. I took Dad to church the next day, because Mother was not
feeling too spry. I shocked many people by being there at church on Sunday.
Many expressed the sentiment that they missed us and that it was good to see me
and wondered where my companion was. I took the time in the afternoon to visit
Donna Milne and Dr. Mossbrook and take them some cheese that I had bought in
Germany to give them.
On Monday I went to check with some people and do some
business and get Dr. Whiting to fix the crown that had dropped off my tooth. I
had called and got an appointment with a dentist in Bad Vilbel, but another
missionary called and asked who she could go to and get a broken tooth fixed
and I gave her my appointment and never got back to get it fixed. While I was
sitting in the chair (at Dr. Whiting’s office) Rob Shively called to tell me
that the case had settled and that I could go home to Germany.
Monday
after supper Dad complained that he had a pain up under his ribcage on both
sides. I felt his stomach and he was tender in his epigastrium, so I told him
to take some Pepcid. It did not help and he vomited twice that night. The next
morning he was not feeling any better and still there was not any point
tenderness but I took him to the hospital and had some blood work, and EKG and
an x-ray of the abdomen. His white count was up just a little, but everything
was normal. He still continued to have pain and denied any diarrhea.
When
I got up on Wednesday morning he was still having pain so I examined him again
and he had tenderness in his right lower quadrant. I called the hospital
operating room and told them that my father was coming in to be operated on for
appendicitis. I took him to the emergency room where his white count was 15,
700 and Dr. O’Connor did his surgery and Dr. Gillis gave the anesthetic. They
found no diseased appendix, but a gangrenous gall bladder. I was able to visit
him after he got to his room in the intensive care unit and then I left to
drive with Wally West to Salt Lake City. The pass was closed so we left at 7:30
after it was opened and got to Salt Lake about midnight.
[1] Gerry Spence
was a famous lawyer who got his start in Lander, Wyoming. He was a partner of Art Oeland (Betty Kail’s
father) when he first started into the practice of law. He later went to Riverton and was there for
a while until he moved to Jackson, Wyoming.
He specialized in personal injury cases and would use his skill to get
huge settlements from the insurance companies.
He cost State Farm Mutual so much money that they put him on a retainer
so that he could not sue them. I could tell much more, but I will leave it at
that.
