She's smart. She's tough. She'll fight for ya.
-I've been impressed with her every time. -How many times have you been sued?
Twice, just twice.
But when you run a hospital, it's good to know a good lawyer.
Aaron!
Janet, hi.
Oh, my gosh. Did it happen? Did you play Pebble Beach?
I did. The worst mistake of my life.
-[laughs] -Hello.
I am Dr. Shaun Murphy of San Jose St. Bonaventure Hospital.
Your client.
Yes. Aaron has told me a lot about you.
-Congratulations on-- -Is this billable time?
It is.
But it will be paid for by your insurance company.
And I have good news.
$300,000 that will be paid by your malpractice insurance.
All you have to do is sign some documents
and agree to a six-month supervisory period.
You can still practice medicine.
Just means another doctor would have to sign off on your decisions.
Excuse me. That is not good news.
Can it be anyone?
Anyone qualified.
So, Park, Morgan, it could be anyone you trust. Could be me--
I have worked very hard to be an attending
to prove that I don't need anyone's approval
to do what I think should be done.
Which is often different from what Dr. Park, or Morgan, or you
think should be done.
Also,
it is very humiliating.
-What if he says no? -We go to trial.
And if he loses at trial?
The money will still be paid by the insurance company.
But the bigger issue is that a report and the court's decision
will be sent to the California Medical Board,
and they will make a decision about whether
you have a future as a doctor.
I'll settle.
I need to go to the bathroom.
Excuse me, excuse me, excuse me.
You're Dr. Shaun Murphy, Miss Stewart's 10:00 a.m.?
Yes, hello.
My name is Joni DeGroot.
Um…
I'm curious about cancer patients whose exposure came from formaldehyde
in pressed wood office furniture.
Have you had a case like that?
No. Nor have I read about that.
If you have a case where that is alleged, I would not be a good consultant.
It's not for a case. It's…
Thank you. Thank you, thank you, Dr. Murphy.
Tell Miss Stewart to review my update
on Carter v. Willis before finalizing your NDA.
The Idaho District Court made the stare decisis vulnerable.
Are you working on my case?
You should not be in here.
This is my office. No one is supposed to come into my office.
Okay.
I'm not officially on your case.
But I read the file.
It was amazing how you created arterial clamps out of an aluminum can.
Yes. Why is everything covered in plastic?
They're getting ready to paint.
Oh, I thought it was because of your obsessive-compulsive disorder.
I used to have a closet for an office.
Did you choose this instead of sharing an office?
-It's not a closet. It's an office. -It is very small.
Even smaller than my closet.
This is all I need. I don't meet with clients.
It's very private, so I'm not disturbed while doing my research.
Or your rituals.
Nice to meet you, Joni DeGroot.
You're settling your case?
Yes.
Miss Stewart and Dr. Glassman say it is for the best.
Your settlement includes a supervisory period?
Mmm, yes. Six months.
Hmm.
It doesn't seem right. Does it?
That… That you should be punished for saving a man's life?
You've overcome a lot.
To have that kind of mark on your record
seems very humiliating.
-I see you're still in the big office. -Huh.
The partner uprising wasn't as bad as you feared, huh?
It's an ongoing battle.
[knock on door]
Joni, I'm with a client.
No, she is.
Joni is my lawyer now.
She will be representing me at trial.
[theme music playing]
-[upbeat indie pop song playing] -I have a new lawyer.
I have a new client.
How did the partners change their minds?
The client insisted that I represent him instead of Janet Stewart.
What?
♪ If I felt this way before ♪
♪ Now I do not recall ♪
You stole your boss's client?
-And what does Glassman think about this? -He said it was my decision.
Did he say that in a neutral way or an angry way?
-Angry. -Mmm.
He is worried about Joni's lack of experience.
But she's smart, and because of her OCD,
she is very thorough and understands my situation.
OCD.
You mean, she's really neat and organized?
No, that is not OCD.
She has repetitive intrusive thoughts that cause excessive anxiety
which she manages with ritual behavior.
And when you say "lack of experience…"
This will be her first trial.
I get to go to court. I get to be a real lawyer.
Which is great, very exciting, but it's also court.
All those people, the judge, the jury, the other lawyers,
and everyone looking at you,
watching while you do that.
I'm practicing exposure to contaminants and noises.
I can adapt. I can hide it.
But that's the upside of your current setup.
-You don't have to hide it. -Because they're hiding me.
Mmm. [exhales]
♪ Really and truly, maybe ♪
♪ Really and truly, it might be… ♪
Pockets.
Your outfits for court will need pockets.
When you need to tap, put your hand in there,
no one will know.
Just don't be late.
You're late.
-I thought you had this worked out. -I know, I know, I know. Sorry.
The bus stalled right in the middle of Hastings.
Do you want me to call the VTA and check if that's true?
No.
Sorry. It won't happen again.
The night of the accident, you were coming from where?
I was giving Shaun a lift home. We had grabbed dinner together after work.
Did either of you have alcohol with dinner?
I, uh, had a beer,
and, um, Shaun didn't.
Joni, your tapping is distracting Dr. Park.
I'm okay.
[Joni] Tap three times or bad things will happen.
Your shift that day, how long was it?
Did you or Dr. Murphy have any difficult surgeries?
Uh, nothing unusual.
[distorted] I had an appendectomy, 22-year-old patient, no issues.
[Joni] Tap three times or bad things will happen.
[distorted speech continues]
[Joni] Tap three times or bad things will happen.
Tap three times or bad things will happen.
[Janet] Joni…
[Joni] Tap three times or bad things will happen.
[normal voice] Joni.
I'm sure you have more questions for Dr. Park.
You and Dr. Murphy left the restaurant around what time?
Uh, a little after 10:30 p.m.
We were on Hellyer,
coming through the wooded section of the park,
and between the rain and the turns, I was driving pretty slowly.
[thunder rumbling]
Good thing, there was a car in the road.
[woman groaning]
I'm a doctor. My name is Alex Park.
-I need to examine-- -Bob. Where's Bob?
I need you to hold still. Scalp laceration.
Was there anyone else in the car?
Yes. My brother, Bob. He was driving.
Hello?
He was thrown out.
Bob?
Bob!
I found Bob! He is bleeding from his radial artery.
We need to move him!
I can't leave her!
Okay, Bob.
[Joni] That's wrong.
What?
You didn't bring him that way.
Oh. Yes, I did.
No, you didn't.
Yes, he did.
No, he didn't. You couldn't have. There was a log there.
Most people's brains prioritize details, weed out what seems unimportant.
My brain doesn't.
Why does it matter what route Shaun took out of the woods?
It matters because if that way was blocked,
I must have taken him this way.
I would've had to angle the spinal board, which could cause neurological injury,
which could mean my neuro exam was off, which could mean…
I didn't need to amputate his hand.
This seems like a good time for a break.
-[pen clicking] -[door opens]
Tell me about your decision to amputate the plaintiff's hand.
His breathing became labored, and his pulse was thready.
He had no capillary refill.
His hand was irreversibly damaged from lack of blood flow.
It was leaking toxins that would stop his heart
before he reached the hospital.
I need to amputate his hand.
The ambulance is two minutes away.
[Shaun] But ambulances do not carry amputation kits.
There is no time.
[siren wailing]
Once I removed the hand, we traveled safely to the hospital.
That's not quite how I remember it.
The ambulance is two minutes away!
I need to amputate his hand.
-There's no time. -[siren wailing]
Shaun! It could be a vasospasm!
The ambulance is here!
They'll have a calcium channel blocker that might restore the blood flow!
Shaun, are you sure?
Interesting.
This is a disaster. He has to settle.
You have to talk him into accepting the settlement.
No, it doesn't change the underlying merits--
It changes the testimony. It changes our testimony.
One of our witnesses is going to testify that our client screwed up.
His view of the accident is almost exactly what their expert…
What are you doing?
-I'll talk to Dr. Park and counsel him-- -No. I mean, to my books.
I straightened one.
Or two.
Listen to me.
[distorted] Taking this case to trial, with that client and you as counsel,
-is a terrible idea. -[Joni] Fix this or bad things'll happen.
You cannot win a case if the jury doesn't like you,
if you make them uncomfortable.
[Joni] Fix this or bad things will happen.
Fix this or bad things will happen.
[exhales]
You can't control yourself in my office.
How are you gonna control yourself in court?
Texas v. Marquez.
What?
425 Federal Digest, page 734.
Um, you're gonna have to give me a little more--
Owen Marquez was caught entering his high school carrying a Swiss army knife.
He was charged with being on school property with a weapon.
But they'd set up the metal detectors outside the front door.
The case was dismissed.
Interesting.
But different state, different court, different law.
-Same principle. -I don't think I can convince a judge
-that that is-- -Let me try.
[cellphone chimes]
[gasps] Oh, I have to go.
Stop. Stop. Stop.
I'm about to test the lactate levels in Bob's hand.
This will prove definitively if I was right to amputate.
-No, this will tell you nothing. -Medically, it will.
Legally, morally, this'll tell you nothing.
-This test will tell me the truth. -[scoffs]
Was that a laugh?
It was a scoff.
Why would you scoff at the truth?
What truth?
There's only one.
A single correct answer to any question, but there are a lot of questions.
"What was the right thing to do then, given what you know now?"
-Which is a stupid question. -I don't like to use the word "stupid."
"Desperate" then. For an answer.
But whatever that test says, we have to share it with the other side.
If it goes the way you want, we definitely win your case.
If it goes the other way, we will definitely lose your case.
But neither result will tell you if you did the right thing,
given what you knew at the time.
So the real question here is,
do you believe in that test more than you believe in me?
Why?
Why am I doing what you just asked me to do?
Why do you have so much confidence in me?
I'm a lawyer with OCD.
I work out of a closet.
I was late to the only meeting you had with me.
Why do you trust me more than the test?
Because the test doesn't care.
That's a good answer.
Hmm.
We're gonna have a motion to dismiss tomorrow at 10:00 a.m. Don't be late.
[young Joni] One, two, three.
One, two, three.
One, two…
We'll be okay.
Only if I do this right.
Now I have to start over.
[kisses, inhales deeply] Okay.
[exhales]
One, two, three.
Mom will be okay.
One, two, three.
Joni DeGroot for the defense, Your Honor.
Yes, I can see your name right here on top of your brief.
Excellent. May I say what a privilege it is--
No. No, you may not.
You are just here to argue this motion,
which is a novel argument.
Thank you, Your Honor.
It wasn't completely a compliment.
Dr. Murphy cannot be held liable for professional misconduct
because Dr. Murphy was not acting in a professional capacity.
He was a Good Samaritan.
[Judge Kileen] And you're taking the position
that the Good Samaritan exception stayed in effect
even after the ambulance arrived?
[Joni] Yes, because he didn't do the amputation in the ambulance.
-He was outside the ambulance. -He chose not to do it in the ambulance.
To save your client's life. He had no time.
-The ambulance was right there. -What does that mean?
Would it have been "right there" if he was ten feet away?
A hundred feet? Or a half a mile?
All interesting questions for another case.
He was five feet away.
Outside is outside.
The statute specifies protection
if the care happens at the scene of an emergency.
Counsel is using a technical distinction that--
Counsel is using the law.
Statutory interpretation rules require, Your Honor, to give effect, if possible,
to every clause and word of a statute,
-avoiding any construction which implies-- -[chair squeaks]
[Joni] Two more squeaks.
Two more squeaks.
Two more squeaks. Two more squeaks.
You just stopped?
I lost my train of thought. You said you didn't think you could win the motion.
I would've finished it.
I…
I heard a squeak.
[sighs]
I needed two more squeaks to complete the set.
They pulled the settlement offer.
And the partners met.
[clears throat] You're off the case.
-They told you-- -Mmm-mmm. The vote was unanimous.
You are a good researcher.
You are a database that thinks.
But you need to accept that you are not,
and you are never going to be, a good lawyer.
[Shaun] No, no, no.
Joni is my lawyer.
It is my case, my choice.
And your career that's riding on this.
Joni's deficits are more significant than you think they are.
Everybody said that about me. Everybody was--
Do you know why her office is a closet?
Joni has had issues since she started here.
She was late a lot.
Her first assignment, her first motion, she missed it.
She must have had a good reason.
She saw someone drowning.
-Oh. -She was on her way to court,
driving by the bay, and she saw something.
She stopped, called the police.
They shut down the road, searched the water.
Joni knew she saw a log, a wave, nothing.
But her mind wouldn't let her accept that it was nothing.
We found out this had happened twice before.
Why didn't you fire her?
Because she threatened to sue us,
arguing that firing her would be a violation
of the Americans With Disabilities Act.
-Was it? -I'm not sure. I don't think so.
But this brief that she wrote,
most impressive thing I've ever read.
So she doesn't need an office,
because she doesn't need to meet with clients because she does research.
Just research.
She cannot be your trial attorney.
[sighs]
-I hate her. -I don't.
She stuffed you in a closet. Set you up to fail.
You know she's done more.
She hired me. She saved--
She sent you to court on your own. What was she expecting?
She expected me to do the job. So did I.
She could've been there.
It was my idea, my argument, my case!
My failure.
[knock on door]
[door opens]
[door closes]
Why do you want to be a lawyer?
Why did you threaten to sue?
Why do you want to be there?
They're a very good firm.
Interesting files, important cases, and it's not like I have huge options--
No. I meant,
why do you want to be a lawyer?
A lawyer saved our family.
Our father died in a car accident when I was eight.
That's when my OCD started.
I was very worried that my mother would die too.
So you developed rituals meant to prevent it?
Mmm.
And she didn't die.
But she did drink.
And some bad things happened.
A lot of people made a lot of mistakes.
Our mother,
some overworked social workers,
some foster parents,
a judge.
But one person made it all right again.
A lawyer.
Joni…
I still want you as my lawyer.
Dr. Murphy, I made a huge mistake.
Because
I have a problem.
We all have problems.
I'll talk to Janet.
Dr. Murphy wants you as first chair.
-So you're first chair. -I'm first chair?
-You are not first chair. -I'm not first chair.
You are a figurehead, sit in your first chair, don't say a word.
You will not stand up. You will not object.
If you have to tap, you will tap quietly on your leg.
Now wish me luck.
Good luck.
In your expert opinion, when Dr. Murphy concluded that my client's hand
was irreversibly damaged and needed to be amputated--
He was wrong.
The lack of blood flow was caused by a temporary condition known as vasospasm,
which can occur after a trauma such as a car accident.
Vessels temporarily clamp down, cutting off the flow of blood.
In this case, Mr. Patton's ulnar artery spasmed.
And this condition is treatable?
Yes, with an injection of calcium channel blocker,
which was available in the ambulance that night.
[Ross] Thank you.
Your witness.
Any last-minute ideas?
Anything we can challenge him on medically?
It wasn't vasospasm.
-Anything we could prove? -No.
[Janet] Dr. Rutenberg, are you being paid by the plaintiff for your testimony today?
[Dr. Rutenberg] I am.
[Janet, distorted] You can hardly consider yourself unbiased.
[Dr. Rutenberg] It's routine for experts to be paid. You're being paid.
-[Janet] And I admit, I am biased-- -Excuse me, excuse me.
Traumatic vasospasm doesn't occur in isolated vessels,
but rather the entire affected limb, right?
Yes, of course.
Can you visually identify a damaged or occluded vessel versus one in vasospasm?
Yes.
So…
-This one? -Occluded.
Vasospasm.
Occluded.
Not vasospasm?
No.
Objection, Your Honor. Is this testimony or the MCAT?
Goes to the witness's expertise.
Oh, he's definitely an expert.
That last photo, which did not show vasospasm,
that was a pathology image of Mr. Patton's radial artery.
And if his radial artery didn't vasospasm, then according to your expert testimony,
his ulnar artery didn't either. Is that correct?
[sighs] It's possible.
But we'd only know for sure if Dr. Murphy had given the calcium channel blocker.
I'm sorry.
-Not great at taking direction, are you? -No.
-I shouldn't-- -You only have a job
-because you threatened to sue us. -I'm sorry!
I'm not wanted in a lot of places.
I make people feel uncomfortable.
If I let that stop me, I wouldn't be anywhere.
At my first job, I was the only female associate.
Tomorrow,
you're first chair.
Actual first chair.
Good luck.
-Nice work. This is good stuff. -Thank you.
The carpal tunnel research is really interesting.
A pre-existing condition mitigates--
I'm not gonna use that.
It could help reduce damages.
If damages are even $1, it means Dr. Murphy was negligent,
which means his medical license is at risk.
We need total victory.
Okay. So what's your theory on this?
How are you going to approach this witness?
I'm going to establish that he's a dick.
I can't do my job.
I can't even hold my niece.
[Ross] Thank you.
-No more questions, Your Honor. -[Bob sniffles]
Dr. Murphy saved your life.
Is that a question?
-Not really. Seems pretty obvious. -I meant--
I know. I'll rephrase.
What kind of person sues a person who saved their life?
Do you sue people who buy you Christmas presents you don't want,
or only the weird ones the jury won't like?
Objection, compound and argumentative.
Sustained.
I'm the victim here. [scoffs]
You were driving, right?
-Yes. -Over the speed limit?
I'm not sure.
According to police analysis of your skid marks…
-Yes. A little. -…you were going at least 70 in 40 zone.
-You were ejected out the car window? -Yes.
So you weren't wearing a seat belt?
-I'm not sure. -It was fastened behind you.
[sighs] Yes.
So all things considered,
maybe a better adjective than "victim" would be "lucky."
Withdrawn.
Do you feel any guilt over any of this?
You're asking me if I feel guilty about wanting to be compensated for losing--
[Joni] No. I am asking you if you feel guilty about driving recklessly,
flipping your car, and almost killing your sister,
the mother of your niece.
Yeah, a little.
-Is she suing you f-- -[chair squeaks]
Two more squeaks.
Two more squeaks. Two more squeaks.
Counsel, do we have a problem again?
Uh, one moment.
-Don't win cheap. You're better than this. -I am fighting for my client.
If she can't handle a little adversity, then she shouldn't be here.
Don't let that dick prove people like me right.
[sighs]
-[chair squeaks] -Hey, hey, hey.
Miss Stewart, I will hold you in contempt.
[chair squeaks]
If Dr. Murphy had been a not nice person and just driven on, you'd be dead,
and his career wouldn't hang in the balance.
Uh, objection. Calls for speculation.
-Not a lot. -The objection is sustained.
Miss Stewart, I am finding you in contempt.
That stunt just cost you $5,000.
You're lucky it's not assault.
Now, Miss DeGroot,
you may continue.
[both] Thank you, Your Honor.
[Joni] Mr. Patton, the night of the accident…
-Hey. -I'm so sorry.
-I know that it happened again-- -Shut up. You're doing fantastic.
But you still have Murphy's testimony.
We need the jury to like him. They need to think he did nothing wrong.
Have you given thought to how you're gonna do that?
Yes. I have.
Did you do anything wrong at the scene of the accident?
-Objection. Leading. -Yes.
Withdrawn.
[sighs]
I did four things wrong.
I applied the tourniquet at the brachial artery
instead of mid-forearm.
I laid out the clamps after the makeshift vascular clips.
I only did two wipe-downs of the surgical field,
and I angled the spinal board as I moved Mr. Patton out of the woods
because a log was in the way.
Were any of those mistakes relevant?
They were to me.
But I don't believe they affected the patient's outcome.
[Joni] Given where you sit today, right now,
do you think one of the things that you and Dr. Park did wrong was stopping?
No. Then Mr. Patton would be dead.
[Joni] And the amputation, was that the right thing to do?
I don't know.
But I know that if I had to do it all over again,
I would stop,
I would help,
and I would amputate.
Dr. Murphy, you're different.
Tell me about yourself.
Objection. Vague and irrelevant.
Your challenges, the obstacles you've overcome…
Marginally less vague, still completely irrelevant.
And yet, I will allow.
I have autism spectrum disorder.
I have always had autism spectrum disorder.
I have also always wanted to be a doctor.
Many people thought that couldn't happen, but I saved…
[muttering]
Hi.
I think I'm better at asking questions than giving speeches.
Closings are tricky.
It helps to actually say the words, not just mutter them. [chuckles]
Can I say them now?
You want my feedback?
If I don't like it, I'm going to tell you, bluntly.
You know that, right?
'Cause you've been so tactful with me up till now?
[chuckles]
[exhales deeply]
My mentor told me that criminal law is about justice,
whereas civil law is about one thing, and one thing only,
money.
You can't undo what's been done.
The best you can do is compensate financially.
But that's wrong.
Everything we do in this room is about justice.
We can't change what's happened,
but maybe, just maybe, we can change what will happen.
We can encourage people to care, to care about strangers, to care--
That's not your closing.
-It's a good closing. -It's a very good closing.
It was your closing. A long time ago.
My mentor said that to me.
-I developed it into an effective closing. -Did you believe it?
About justice, that we can change the future.
I did.
But not anymore?
[sighs, chuckles]
Maybe if my mentor gave me advice, I could turn it into something effective.
You consider me a mentor?
You did inspire me.
I will [chuckles]
give you one piece of advice.
You're not me.
Not once in this trial have you done what I would've done.
Or what I wanted you to do.
So far, it's worked.
I see no reason to change now.
My mentor told me…
My mentor told me
that people don't like me.
That I make them uncomfortable.
She's right.
And people don't like my client either.
We're different.
But we're all different.
You… You've worn purple every day of this trial,
I assume, because you love it.
And 'cause you want it to be your thing.
You've got those mutton chops.
They're great. They're fun. They make you you.
But when we get judged based on our differences,
it's not fun anymore.
And fair enough, this is a courtroom.
You are literally here to judge my client.
But please don't judge him based on the way that he talks,
or on how he doesn't look at you,
or on his awkward mannerisms.
Judge him
on who he is.
At every moment of his life, he has tried to make a difference,
tried to make things a little better.
Please don't punish him for that.
Please, do what the plaintiff should've done.
Say thank you.
♪ I think it's time We found a way back home ♪
♪ You lose so many things You love as you grow ♪
[speaking indistinctly]
♪ I missed the days When I was just a kid ♪
♪ My fear became my shadow I swear it did ♪
♪ Wherever is your heart I call home ♪
♪ Though your feet may take you Far from me, I know ♪
♪ Wherever is your heart I call home ♪
♪ You made me feel like I was always falling ♪
♪ Always falling down Without a place to land ♪
♪ Somewhere in the distance I heard you calling ♪
♪ Oh, it hurts so bad To let go of your hand ♪
♪ Though your feet may take you Far from me, I know ♪
♪ Wherever is your heart I call home ♪
You are a good lawyer.
Thank you.
[door opens]
The jury's back.
♪ I'm calling home ♪
♪ Oh, God, forgive my mind ♪
♪ When I come home ♪
♪ When I come home… ♪
I won, Mom.
She was brilliant.
I think you need to seriously consider picking a new favorite child.
We gotta go, Mom.
People are buying Joni lots of drinks. We love you.
I never doubted you.
Yeah, you did.
Because you love me.
-Shaun! -Oh, Joni. Tequila, stat!
We did good, huh?
We did very well.
We need to celebrate.
We are celebrating.
This is definitely not what you wanna be doing right now.
♪ Wherever is your heart I call home ♪
-Don't you want to see this? -Nope. Not my thing.
♪ Wherever is your heart I call home ♪
♪ Though your feet may take you Far from me, I know ♪
♪ Wherever is your heart I call home ♪
[closing theme music playing] all home ♪