"And in a birth where the baby is in trouble?"

"Continuously."

"What else should be done with a child in trouble?"

"Obviously, one needs to discover the problem and correct it."

"Including timely caesarean sections?"

"Including timely caesarean sections."

"Have you reviewed the notes in this case?"

"I have reviewed doctors' notes, nurses' notes, and hospital records."

"And what is your opinion of how this birth injury happened?"

"Umbilical cord compromise. Wrapped around Chase's neck."

"Why did that happen?"

"Obviously the caesarean wasn't timely."

"It was late?"

"It was late.'

"How do we know that?"

The doctor's smile was a smile of irony. "Because we have a catastrophically injured newborn. That never should have happened and was one hundred percent preventable."

"How could it have been prevented?"

"By getting that baby the hell out of that mother in time. Excuse my language, but what I see here makes me very angry."

"Because?"

"Because a human being's life is ruined. By a careless doctor. An entire life, and family, destroyed."

Thaddeus seemed to be reviewing his notes. While the courtroom was quiet, waiting, the expert's words sank in. And the jurors were solemn, quiet and still.

Finally, when the effect had been maximized, he continued.

"Now let's talk about caesarean, fetal distress, and time limits."

"Generally, audit of the speed with which such caesarean sections are performed is important for clinical governance and risk management. Thirty minutes has been adopted as an audit standard."

"What are common risks?"

"Delays occur both in getting the patient to theatre and in achieving effective anesthesia, though delivery within thirty minutes is more likely if the patient gets to theatre within ten minutes."

"Tell us about the thirty-minute audit standard."

"The audit standard of thirty minutes has become the criterion by which good and bad practice is being defined both professionally and medico-legally. The implication is that caesarean section for fetal distress that takes longer than thirty minutes represents suboptimal or even negligent care."

"Thirty minutes decision to incision."

"Yes."

"Do you agree with that criterion?"

"Thirty minutes decision to incision? I certainly do in this case."

"Because."

"Because that criterion was ignored and a birth catastrophe was the result."

"And you said medico-legal criterion defines good and bad practice."

"Yes."

"Beyond thirty minutes is bad medical practice?"

"Yes."

"It's medical malpractice?"

"Objection!"

"Restate."

"Doctor, do you have an opinion based on a reasonable degree of medical probability whether the delay beyond thirty minutes fell below the standard of care?"

"I do."

"State your opinion."

"The doctor and hospital were both negligent."

"Because?"

"The doctor plain wasn't present. His negligence is plain and simple. The hospital's negligence is predicated on the fact it wasn't staffed with an experienced OB to manage this case where the treating didn't show."

"Thank you, that is all."

Morgana spent ten minutes trying to cross-examine the doctor, but he refused to budge from his opinions and was too experienced to be tripped up. She finally, quietly, sat down and said she had no more questions.

FOLLOWING THE LUNCH RECESS, the trial continued with Thaddeus recalling Dr. Phillip Payne to the stand.

"Doctor, I had previously established with you that a compromised umbilical cord doesn't always result in brain damage. Do you recall that?"

"Definitely."

"In fact, it usually does not result in brain injury, correct?"

"Correct."

"I then asked you, how is brain injury prevented. Recall that?"

"And I told you by monitoring the birth telemetry and making sure the delivery happens within a certain number of minutes of certain warning signs."

"Exactly. Did that happen here? I'm asking, was there careful monitoring?"

"By Doctor Gerry Springer and nurse Andrea Mounce, yes."

"But not by you."

"Not minute-by-minute, no."

"Though minute-by-minute was definitely called for?"

"Not by me. That's what residents and nurses are for. To assist the physician."

"Which gave you the freedom to go to a Little League game?"

"Yes."

"Which made you late for the caesarean?"

"It was done within your own expert's rule of thirty minutes."

"Can we agree to disagree about that?" Thaddeus asked. There was no use arguing what was going to be a question for the jury. The amount of time that went by from the decision to incision was hotly disputed. Thaddeus knew the guy wasn't going to admit any more than he already had. So he stopped and the doctor was excused, with the defendants' right to recall during the defense case.

"Congratulations," Thaddeus said to Latoya and John as they made their way out of the courtroom.

"For what?" asked Latoya.

Thaddeus smiled. "We just made your case."

"What about the thirty-minute disagreement?"

"That will be up to you. Will the jury tend to believe you over Phillip Payne? I think they will."

"We're praying" said John.

"Good idea," said Christine, "and let's kick ass along with that prayer business."

"We're counting on Thaddeus for that," said Latoya.

"You've come to the right guy," said Thaddeus. "Christine and I happen to specialize in whoop-ass."

45.

After reviewing the day's testimony with Dr. Payne, Morgana was burnt out. Her head ached, her joints ached, she was still angry at Caroline for a snide remark that morning, and she didn't feel like going straight home. She called Manny and asked could he meet her for a beer? Turns out, he could.

Their favorite haunt in Chicago was a hidden Irish tavern called Carlos O'Brien's. It was just off the Loop and easy in and out after rush hour would abate.

They sat across from each other in a small booth. A pitcher of dark beer and two pint mugs completed the table setting. Manny scourged a basket of stale nuts and began disarticulating shell from nut and scattering remnants on the floor, as the management desired.

"Ambiance," he said, and tossed a shell skittering across the floor.

"I'll drink to that," said Morgana, and she raised a brimming mug.

They clinked mugs and drank deeply.

"So I told Payne after today's testimony that I thought he was in deep shit. Did you hear any of the trial?"

Manny nodded. "I was there for most of it. Thaddeus Murfee rocks. That guy is cold and deadly."

"He gets right to it, I have to admit. I asked Payne whether he found moving his bowels any easier now that he had been reamed out."

"Shit, you didn't!" Manny laughed.

"I did. Can't stand that guy. He all but killed that baby. Asshole."

"I know. Poor little kid, fucked up by one fuckoff doctor."

"I'll drink to that," she said, and again they clinked mugs. Old friends enjoying a few together. They let their eyes roam around the tavern, which was filling with the rush-hour-avoidance-types like themselves, making it harder to be heard above the din.

Morgana shouted to be heard. "So you open your fucking mouth and now I'm in trial without you and you're shit-canned. Fuck."

"You could have used me, no doubt. Payne looked really bad."