Free First Do No Harm (Benjamin Davis Book Series, Book 1) by A. Turk

guidance, she could be a real asset.”
    Morty baited Jake’s rod while the five-year-old squirmed almost as much as the worm on the hook. Jake asked Morty if the worm felt any pain. The old man looked grandfatherly, lied, and assured the child that the worm was more than happy to cooperate so they could catch a catfish dinner.
    After Jake was settled down in the small bass boat, waiting for his first fish, Davis explained to Morty how hectic things had been. “You know how busy it can get. There aren’t enough hours in the day.”
    He could tell that his old friend missed the excitement of the practice of law. Davis worked his way into the primary purpose of his visit. “I took those medical malpractice cases Littleton referred out of Plains County. It’s ten cases, and I’m a little overwhelmed by the thought of drafting ten separate complaints.”
    Davis took the oars and repositioned the boat about twenty feet from the shore.
    Morty baited his hook and cast his line with authority. “That shouldn’t be too difficult. The casesinvolve the same three defendants and revolve around almost identical negligent acts. You’ll draft a template and then vary the document to fit the particular facts of each case.”
    Davis cast his line and pretended to concentrate on his floater, but in reality he was listening intently to the old man.
    “In each case you’ll have to at least prove negligence. Recklessness will be a harder sell to a jury. You’ll have to establish recklessness by clear and convincing evidence rather than by a mere preponderance of the evidence. I don’t know that you can prove that these doctors and the hospital disregarded the consequences of their actions.” Morty stopped talking a minute to light his cigar with his gold Dunhill lighter, which Davis always admired. It was a gift from Willie Nelson.
    Davis had reached the same conclusion about the probability of a jury verdict of recklessness and an award of punitive damages.
    “If the court allows you to introduce evidence of a pattern of either negligence or recklessness, the hospital can be held liable.” Morty dropped an ash from his cigar in the lake and continued, “Another issue that you’ll have to address is that Tennessee Mutual will insure at least one of those doctors. You can forget about retaining a Tennessee expert witness.” Morty shook his head. “I think you’re making a big mistake. These cases will preoccupy you and take away from the rest of your practice. You’ll also dump a ton of money in these cases. You should just let Littleton keep the cases and drown on his own.”
    Morty stopped to respond to his bending pole, butdespite being an experienced fisherman, he over-corrected and lost the fish. Jake was so disappointed.
    Morty sighed and turned to Davis. “When was the last time you were in Plains County?”
    “Last month.”
    “And before that?”
    Davis thought a few moments. “Never.”
    “Bingo. You’re trying these cases in Plains County, the defendants’ backyard, and you’re a New York Jew.”
    Davis had to agree with Morty. He made a good practical point.
    Morty continued, “That hospital is the largest employer in the county. How are you going to get an impartial jury? Do you know how difficult it is to change venue in a civil case? During my forty years I changed venue a half dozen times in criminal cases, but I never changed venue in a civil case. In a criminal case you can always argue to the court in a rape or murder trial that the county jury pool is too prejudiced. In those cases, it’s one of their own raped or murdered. But in a malpractice case, you’ll need at least three affidavits from disinterested persons. You couldn’t even get one of the local barbers to give an affidavit. Everyone knows everyone else in these small towns, and nobody’s disinterested. You can’t get a fair trial in Plains County.
    “You also better start thinking about who you’re going to get as local co-counsel