1 00:00:48,590 --> 00:00:51,219 - Looking like a veritable movie star. 2 00:00:51,259 --> 00:00:53,259 - Don't know how I got picked, Mr. Summers. 3 00:00:53,302 --> 00:00:55,143 You were our number one choice, Janet. 4 00:00:55,179 --> 00:00:56,390 See you out there. 5 00:00:56,430 --> 00:00:58,731 - Here, Ma. Excuse me, Jerry. 6 00:00:58,767 --> 00:00:59,847 Where do you want this? 7 00:00:59,893 --> 00:01:02,652 - Exam room. - Thanks. 8 00:01:02,686 --> 00:01:03,896 - I feel bad asking, 9 00:01:03,938 --> 00:01:05,778 but do you think I could talk with Dr. Duntsch? 10 00:01:05,814 --> 00:01:08,144 - He's real busy. - Can I do something? 11 00:01:08,192 --> 00:01:09,692 - It's more of a doctor-patient thing. 12 00:01:09,736 --> 00:01:11,046 - Definitely don't want me handling that stuff. 13 00:01:11,070 --> 00:01:12,450 I'll talk to him. 14 00:01:12,489 --> 00:01:14,118 - Thank you, Jerry. 15 00:01:14,156 --> 00:01:15,593 - Will you make sure your mom's memorized on what she's saying? 16 00:01:15,617 --> 00:01:16,527 I don't want her getting distracted 17 00:01:16,575 --> 00:01:19,406 with lights, camera, action. 18 00:01:19,454 --> 00:01:21,924 - Two reasons why patients normally present 19 00:01:21,956 --> 00:01:24,876 to their doctors for pain related to the spine. 20 00:01:24,918 --> 00:01:28,087 The first is related to the peripheral nervous system. 21 00:01:28,129 --> 00:01:29,918 That's called radiculopathy. 22 00:01:29,963 --> 00:01:31,843 Now, normally, that type of pain is associated 23 00:01:31,882 --> 00:01:33,472 with depression or with... - Yo, Chris. 24 00:01:33,509 --> 00:01:35,759 - Degenerative changes in... - Cut. 25 00:01:37,555 --> 00:01:41,515 Okay, um, let's take a break. 26 00:01:41,558 --> 00:01:42,978 Knock out the patient's portion. 27 00:01:43,019 --> 00:01:44,228 Come back. 28 00:01:44,270 --> 00:01:46,939 - Good idea. 29 00:01:46,980 --> 00:01:49,320 Fuck me. 30 00:01:49,359 --> 00:01:52,569 I am so sorry. 31 00:01:52,611 --> 00:01:56,322 You're looking good. Feeling good? 32 00:01:59,411 --> 00:02:02,290 - I thought it'd be more professional. 33 00:02:04,540 --> 00:02:06,421 - Tell me what needs fixing, Chrissy, anything. 34 00:02:06,459 --> 00:02:09,919 - Kim's all over it. 35 00:02:09,962 --> 00:02:14,013 - I know you're in the zone, but Sarah wants to talk to you. 36 00:02:14,050 --> 00:02:17,300 Janet's daughter. Our patient? 37 00:02:17,344 --> 00:02:20,344 Yeah, that's fine. 38 00:02:23,518 --> 00:02:25,147 - Hey. Dr. Duntsch, how can I help you? 39 00:02:25,186 --> 00:02:27,186 - Hi, Dr. Duntsch. 40 00:02:27,229 --> 00:02:30,819 I noticed something in my mom's scar. 41 00:02:30,859 --> 00:02:34,899 Like, blue peeking out, like a piece of sponge. 42 00:02:34,945 --> 00:02:38,776 So I got some tweezers and... 43 00:02:39,992 --> 00:02:43,163 - Wow. - You should not have done that. 44 00:02:43,204 --> 00:02:44,913 - My God. - What did I do? 45 00:02:44,956 --> 00:02:46,496 - No, it's just a stitch. 46 00:02:46,540 --> 00:02:48,670 It's fine, but... Okay, you should call me 47 00:02:48,710 --> 00:02:51,210 before you go digging around in there again, okay? 48 00:02:51,253 --> 00:02:53,804 - I did call a few times. - Quiet on set. 49 00:02:53,840 --> 00:02:55,590 You ready, Jenny? 50 00:02:55,633 --> 00:02:59,802 - Should I tell my own story? Because this isn't my story. 51 00:03:01,264 --> 00:03:04,734 - Janet, you look great today. 52 00:03:04,768 --> 00:03:06,638 Thank you so much for doing this. 53 00:03:11,858 --> 00:03:14,608 - You did good. 54 00:03:17,197 --> 00:03:19,236 Yeah. 55 00:03:24,287 --> 00:03:27,576 - Roll camera. And action. 56 00:03:29,334 --> 00:03:33,674 - Dr. Duntsch is one great man. 57 00:03:33,712 --> 00:03:38,343 He is the best doctor I think that you could ever go to, 58 00:03:38,384 --> 00:03:41,715 and if you're having the problems that I had, 59 00:03:41,763 --> 00:03:47,893 you know, give him a call because he'll fix you. 60 00:03:56,151 --> 00:03:58,241 - No God damn way. 61 00:03:58,278 --> 00:03:59,859 - Mr. Duntsch... - Doctor. 62 00:03:59,906 --> 00:04:01,383 - I don't think you appreciate the position you're in. 63 00:04:01,407 --> 00:04:03,907 - Doctor. - Dr. Duntsch, 64 00:04:03,951 --> 00:04:05,930 I don't think you appreciate the position you're in. 65 00:04:05,954 --> 00:04:07,663 - No, I don't. 66 00:04:07,705 --> 00:04:11,376 I do not appreciate being locked up in a cage 67 00:04:11,418 --> 00:04:13,798 like a dog for a year and a half. 68 00:04:13,836 --> 00:04:15,647 And I certainly do not appreciate you telling me 69 00:04:15,671 --> 00:04:17,721 that my best bet going forward 70 00:04:17,757 --> 00:04:20,336 is not just to fire your asses and hire real lawyers, 71 00:04:20,384 --> 00:04:21,675 but to ask for a continuance. 72 00:04:21,720 --> 00:04:24,639 - I need to find someone to testify on your behalf. 73 00:04:24,680 --> 00:04:26,641 - Put me on the stand. 74 00:04:26,682 --> 00:04:28,483 If anybody else tries to describe what it is 75 00:04:28,518 --> 00:04:30,598 that I do or how I do it, 76 00:04:30,644 --> 00:04:32,665 they're just gonna end up looking like a bunch of jerks. 77 00:04:32,689 --> 00:04:36,149 - See, that right there is why you can't take the stand. 78 00:04:36,192 --> 00:04:37,692 You're emotionally driven. 79 00:04:37,735 --> 00:04:40,816 And when you're emotional, you can't control what you say. 80 00:04:53,334 --> 00:04:55,625 Try me. 81 00:05:04,471 --> 00:05:07,391 You are a drug- and alcohol- addicted surgeon 82 00:05:07,432 --> 00:05:09,641 who was too impaired to perform surgeries. 83 00:05:09,684 --> 00:05:10,911 - Allegedly. None of that was... 84 00:05:10,935 --> 00:05:13,764 - Like a drunk driver, which, by the way, 85 00:05:13,812 --> 00:05:15,165 you have on your record, Mr. Duntsch. 86 00:05:15,189 --> 00:05:16,360 - Doctor. 87 00:05:16,399 --> 00:05:18,149 - No, you're no longer a doctor. 88 00:05:18,192 --> 00:05:19,533 You had your license stripped. 89 00:05:19,569 --> 00:05:20,819 - Temporarily. 90 00:05:20,862 --> 00:05:22,492 - Not if we have anything to do with it. 91 00:05:22,529 --> 00:05:24,660 And how about that email? The one in which 92 00:05:24,699 --> 00:05:26,908 you're prepared to become a cold-blooded killer. 93 00:05:26,951 --> 00:05:28,346 - I never meant for that to be taken literally... 94 00:05:28,370 --> 00:05:30,120 - You wrote it. 95 00:05:30,163 --> 00:05:31,663 So it was just a coincidence 96 00:05:31,706 --> 00:05:33,956 that you wrote that email to your lover, 97 00:05:34,000 --> 00:05:35,959 who also happens to be your assistant, 98 00:05:36,002 --> 00:05:38,252 just prior to killing or maiming over 33 patients? 99 00:05:38,295 --> 00:05:39,545 - It's not my fault! 100 00:05:39,588 --> 00:05:41,259 The anesthesiologists and the nurses 101 00:05:41,298 --> 00:05:44,139 and the fat fucking patients... 102 00:05:51,935 --> 00:05:54,555 - Fire me, 103 00:05:54,603 --> 00:05:56,733 but know whoever slides into this seat 104 00:05:56,773 --> 00:05:59,072 is gonna tell you a version of the same thing. 105 00:05:59,108 --> 00:06:00,689 I am trying to keep you 106 00:06:00,735 --> 00:06:03,404 from spending the rest of your life in prison. 107 00:06:07,074 --> 00:06:08,824 - I don't want to. 108 00:06:08,867 --> 00:06:10,721 You've got my deposition, and you've got my records. 109 00:06:10,745 --> 00:06:12,055 I don't have anything more to give. 110 00:06:12,079 --> 00:06:14,040 - The judge ruled you have to testify in front... 111 00:06:14,081 --> 00:06:15,266 - How could the emails not be true? 112 00:06:15,290 --> 00:06:16,380 He sent them to me. 113 00:06:16,418 --> 00:06:17,538 - The defense has a right 114 00:06:17,584 --> 00:06:20,084 to cross-examine you and confirm that. 115 00:06:29,930 --> 00:06:31,283 - You know, I thought the other side of the world 116 00:06:31,307 --> 00:06:34,057 was far enough. 117 00:06:38,773 --> 00:06:41,903 They don't want me there because of the emails. 118 00:06:43,819 --> 00:06:47,620 They wanna know about us, about our relationship. 119 00:06:52,036 --> 00:06:55,247 What are they gonna ask? 120 00:06:55,290 --> 00:06:57,209 - If it were me, 121 00:06:57,250 --> 00:06:59,920 I would remind them as often as I could 122 00:06:59,961 --> 00:07:01,880 that you two were sleeping together 123 00:07:01,920 --> 00:07:03,550 to establish a conflict of interest. 124 00:07:03,589 --> 00:07:06,129 - You mean to call me a whore who can't be trusted? 125 00:07:06,175 --> 00:07:09,005 - I know you're trying to leave this all behind, Ms. Morgan, 126 00:07:09,053 --> 00:07:11,603 but there's only one way to do that. 127 00:07:14,684 --> 00:07:16,903 - This is hostile. She's being hostile. 128 00:07:16,935 --> 00:07:18,475 - Do you need her to testify? 129 00:07:18,521 --> 00:07:21,151 - I do if I wanna introduce that email. 130 00:07:21,190 --> 00:07:23,230 - Can you prove your case without the email? 131 00:07:23,276 --> 00:07:24,985 - Precedent-setting is precedent-setting, 132 00:07:25,028 --> 00:07:27,658 Dr. Henderson. No one's ever done this before. 133 00:07:27,697 --> 00:07:29,487 Gotta assume every little bit helps. 134 00:07:29,531 --> 00:07:30,992 - She's been through enough. 135 00:07:31,033 --> 00:07:32,636 - What the hell are you talking about, Bob? 136 00:07:32,659 --> 00:07:34,579 She was in the O.R. She was in the consult. 137 00:07:34,620 --> 00:07:36,120 She had to know what was going on. 138 00:07:36,163 --> 00:07:38,004 You ask me, she hasn't been through enough. 139 00:07:38,040 --> 00:07:40,961 - What about questioning his training and the investments? 140 00:07:41,002 --> 00:07:42,521 And we have the hospitals moving him around. 141 00:07:42,545 --> 00:07:43,665 What? What? 142 00:07:43,713 --> 00:07:45,473 - We brought charges of elder abuse. 143 00:07:45,507 --> 00:07:46,797 The only way to prove that 144 00:07:46,841 --> 00:07:48,550 is to prove that he was trained well 145 00:07:48,593 --> 00:07:49,903 and that he knew what he was doing, 146 00:07:49,927 --> 00:07:52,507 the whole time, he knew he was going to harm her. 147 00:07:52,555 --> 00:07:53,615 - Well, what about the drugs? 148 00:07:53,639 --> 00:07:54,970 - That would be helpful, but... 149 00:07:55,016 --> 00:07:57,096 - Fine, fantastic. Drag Kayla Gibson in here. 150 00:07:57,143 --> 00:07:59,812 - Unless Ms. Gibson knew he was high and was with him 151 00:07:59,853 --> 00:08:02,233 in surgery that day, it's inadmissible. 152 00:08:02,273 --> 00:08:04,233 - This is ridiculous. - No, it's not. 153 00:08:04,274 --> 00:08:07,774 You came to me to help you stop Duntsch. 154 00:08:07,821 --> 00:08:09,201 We have to choose. 155 00:08:09,238 --> 00:08:10,658 If he's our goal, 156 00:08:10,699 --> 00:08:13,619 then we have to focus on him and only him. 157 00:08:15,995 --> 00:08:18,074 - State, call your first witness. 158 00:08:18,122 --> 00:08:19,002 - Drew Sweeney. 159 00:08:19,040 --> 00:08:20,500 - Joe Padua. - Harold Brennan. 160 00:08:20,542 --> 00:08:22,502 - Earl Burke. - Elaine Johnson. 161 00:08:22,543 --> 00:08:23,593 - Henry Aldrich. 162 00:08:23,627 --> 00:08:25,588 - Cindy Tremblay. - Stan Novak. 163 00:08:25,629 --> 00:08:27,589 - Would you tell us a little about yourself? 164 00:08:27,632 --> 00:08:29,432 - I'm 41. 165 00:08:29,466 --> 00:08:32,966 I work for the Collin County Medical Examiner's Office. 166 00:08:33,013 --> 00:08:34,472 - I worked for a pool company. 167 00:08:34,514 --> 00:08:37,984 - My wife, Shelley, was an elementary education teacher. 168 00:08:38,018 --> 00:08:40,518 - Dorothy and I were married 46 years. 169 00:08:40,562 --> 00:08:43,481 Two kids, nine grandkids. 170 00:08:43,523 --> 00:08:45,863 - Commercial construction project manager. 171 00:08:45,899 --> 00:08:47,649 - Started driving trucks in '98. 172 00:08:47,693 --> 00:08:50,073 - Two children... both had better be in school right now. 173 00:08:50,113 --> 00:08:51,952 - I'm an air conditioner contractor. 174 00:08:51,990 --> 00:08:55,120 - What were your symptoms prior to seeing Dr. Duntsch? 175 00:08:55,159 --> 00:08:57,450 - Light back pain. - Lower back pain. 176 00:08:57,495 --> 00:08:59,404 - We were decorating the Christmas tree, 177 00:08:59,456 --> 00:09:00,615 and Shelley missed a rung. 178 00:09:00,664 --> 00:09:01,995 - Neck pain. 179 00:09:02,042 --> 00:09:04,711 - Pain in the neck and numb pinky. 180 00:09:04,753 --> 00:09:06,253 - Numbness. Tingling in my finger. 181 00:09:06,296 --> 00:09:07,836 - Back pain. 182 00:09:07,880 --> 00:09:09,524 Hard to be a mom when you can't pick anything up. 183 00:09:09,548 --> 00:09:12,719 - Broke my back. Motorcycle accident. 184 00:09:12,760 --> 00:09:14,801 - How did you hear about Dr. Duntsch? 185 00:09:14,846 --> 00:09:16,385 - My doctor. - Family doctor. 186 00:09:16,431 --> 00:09:18,020 - Website called Best Docs. 187 00:09:18,057 --> 00:09:20,227 - Baylor Medical website. Five stars. 188 00:09:20,268 --> 00:09:22,557 - Seemed like he knew what he was talking about. 189 00:09:22,604 --> 00:09:24,864 - He told us he was gonna fix her. 190 00:09:24,898 --> 00:09:26,398 That's all we needed to know. 191 00:09:26,441 --> 00:09:28,191 - Arrogant. 192 00:09:28,234 --> 00:09:30,573 Told me he was the best in the metroplex. 193 00:09:30,611 --> 00:09:33,532 - So it's the day of the surgery. 194 00:09:33,572 --> 00:09:35,452 - I had second thoughts that day. 195 00:09:35,491 --> 00:09:37,741 - My understanding was my surgery was supposed 196 00:09:37,786 --> 00:09:41,655 to last a couple of hours. It took four. 197 00:09:41,706 --> 00:09:43,915 - When you woke up from surgery, 198 00:09:43,957 --> 00:09:45,248 what was that like? 199 00:09:45,293 --> 00:09:47,383 - A nightmare. 200 00:09:47,419 --> 00:09:52,009 I woke up in a nightmare, tubes coming out of everywhere. 201 00:09:52,049 --> 00:09:54,549 Feeding tubes, drain tubes. 202 00:09:54,594 --> 00:09:57,644 - I couldn't move, and the pain... 203 00:09:57,681 --> 00:09:59,811 - They were pumping me full of blood, 204 00:09:59,849 --> 00:10:01,428 and I didn't know why. 205 00:10:01,475 --> 00:10:03,306 - I was sore. I hurt. 206 00:10:03,352 --> 00:10:04,773 I was worse. 207 00:10:04,812 --> 00:10:08,153 - Couldn't move, and my wife told me he'd found a tumor 208 00:10:08,191 --> 00:10:10,441 and had to abort the surgery. 209 00:10:10,485 --> 00:10:13,024 It turns out it was a piece of my neck muscle. 210 00:10:13,071 --> 00:10:16,620 - Every bone hurt. I was crying. 211 00:10:16,658 --> 00:10:19,288 I'm sober, so I can't take the meds. 212 00:10:19,326 --> 00:10:20,947 - She never woke up. 213 00:10:20,995 --> 00:10:23,284 - I went home. I laid around. 214 00:10:23,331 --> 00:10:25,671 Wasn't eating or drinking anything 215 00:10:25,708 --> 00:10:27,129 'cause of the sore throat. 216 00:10:27,168 --> 00:10:28,878 - I remember being like I was a baby. 217 00:10:28,919 --> 00:10:30,773 You know, like a baby who can't hold himself up. 218 00:10:30,797 --> 00:10:34,297 First thing that went through my mind: what's he done to me? 219 00:10:34,341 --> 00:10:37,511 - He looked at the incision and said everything was fine. 220 00:10:37,553 --> 00:10:39,144 - He kept repeating himself. 221 00:10:39,179 --> 00:10:40,490 He kept saying that what was wrong 222 00:10:40,514 --> 00:10:42,014 wasn't related to the surgery. 223 00:10:42,057 --> 00:10:43,977 - I knew there was something wrong with this guy. 224 00:10:44,019 --> 00:10:46,149 Sorry, man. You looked high as a kite. 225 00:10:46,187 --> 00:10:47,976 - Objection. - Sustained. 226 00:10:48,023 --> 00:10:49,653 - Has this changed your life? 227 00:10:49,691 --> 00:10:51,610 - I walk with a limp. 228 00:10:51,650 --> 00:10:53,860 I have trouble with incontinence, 229 00:10:53,903 --> 00:10:55,493 erectile dysfunction. 230 00:10:55,529 --> 00:10:57,779 - I can't sing. 231 00:10:59,868 --> 00:11:01,697 Not that I was ever a good singer, 232 00:11:01,745 --> 00:11:05,705 but that's just an everyday reminder. 233 00:11:05,749 --> 00:11:09,339 - She was the love of my life. 234 00:11:11,046 --> 00:11:13,206 It's hard to get over a broken heart. 235 00:11:13,255 --> 00:11:14,875 - Just living one day at a time, 236 00:11:14,923 --> 00:11:16,433 just like recovery. 237 00:11:16,467 --> 00:11:19,177 - I can't play with my children like I used to. 238 00:11:19,220 --> 00:11:22,309 - I learned ways to control the pain, 239 00:11:22,349 --> 00:11:24,849 mostly through prayer and meditation. 240 00:11:24,893 --> 00:11:28,273 - I sit in a recliner, watch TV, 241 00:11:28,312 --> 00:11:31,692 a lot of medicine, antidepressants. 242 00:11:31,732 --> 00:11:34,403 - I miss her. 243 00:11:35,820 --> 00:11:37,909 She was... 244 00:11:37,947 --> 00:11:41,657 She was a very... 245 00:11:41,701 --> 00:11:44,581 Very good woman. 246 00:11:44,620 --> 00:11:48,461 And that's all I can say. 247 00:11:49,250 --> 00:11:51,840 - Can you tell us how old you are? 248 00:11:51,878 --> 00:11:54,048 - 70. 249 00:11:54,088 --> 00:11:57,719 - And what did you do for a living? 250 00:11:57,759 --> 00:12:00,259 - I was a teacher's aide, 251 00:12:00,302 --> 00:12:04,393 and then I worked in physical therapy for a bit. 252 00:12:04,432 --> 00:12:06,772 Ironic. 253 00:12:08,144 --> 00:12:10,734 - What took you to Christopher Duntsch? 254 00:12:10,772 --> 00:12:13,782 - I had back pain for years, 255 00:12:13,817 --> 00:12:18,236 and it radiated to the end of my foot. 256 00:12:18,278 --> 00:12:21,489 And I tried all the treatments. 257 00:12:21,533 --> 00:12:24,743 Steroid shots, PT. 258 00:12:24,786 --> 00:12:26,365 Nothing worked. 259 00:12:26,413 --> 00:12:29,923 - Before you met the defendant, had you had surgery? 260 00:12:29,957 --> 00:12:31,957 2008. 261 00:12:32,001 --> 00:12:33,292 A laminectomy. 262 00:12:33,336 --> 00:12:37,546 It helped for a number of years, 263 00:12:37,590 --> 00:12:42,470 but it didn't last and then my pain management team 264 00:12:42,511 --> 00:12:44,761 referred me to Dr. Duntsch. 265 00:12:44,806 --> 00:12:48,936 - How did you feel going into the surgery? 266 00:12:48,976 --> 00:12:53,147 - Fine. Good. 267 00:12:53,188 --> 00:12:57,399 I walked into the hospital happy, 268 00:12:57,443 --> 00:13:02,033 and I was thinking, "This is gonna fix it." 269 00:13:02,072 --> 00:13:05,993 - And how did you feel when you woke up? 270 00:13:07,828 --> 00:13:10,078 - I was in pain. 271 00:13:12,667 --> 00:13:15,626 I was in pain, 272 00:13:15,669 --> 00:13:18,470 and no one could tell me what was wrong with me 273 00:13:18,505 --> 00:13:20,966 until Dr. Henderson. 274 00:13:21,009 --> 00:13:23,798 He said that he thought that 275 00:13:23,845 --> 00:13:27,304 the fusion was improperly placed, 276 00:13:27,349 --> 00:13:32,308 and that something was pressing against a nerve. 277 00:13:32,354 --> 00:13:34,313 He said he didn't want to wait 278 00:13:34,355 --> 00:13:38,145 to operate on me, so they rushed me in. 279 00:13:38,192 --> 00:13:41,653 - What happened after Dr. Henderson operated on you? 280 00:13:41,696 --> 00:13:44,946 - The pain was much better, and I could... 281 00:13:44,990 --> 00:13:48,370 I could move my right foot a bit, 282 00:13:48,411 --> 00:13:50,461 but not my left. 283 00:13:50,496 --> 00:13:54,456 - So prior to surgery with Christopher Duntsch, 284 00:13:54,500 --> 00:13:59,380 you had pain, but you could still live life. 285 00:14:00,965 --> 00:14:03,544 And now? 286 00:14:05,386 --> 00:14:07,006 - I wish I could go back to the days 287 00:14:07,054 --> 00:14:09,764 before I met Christopher Duntsch. 288 00:14:23,863 --> 00:14:25,173 - Would you please introduce yourself to the jury? 289 00:14:25,197 --> 00:14:27,327 - Randall Parker Kirby. 290 00:14:27,366 --> 00:14:30,537 I went to Rice undergrad. Baylor for medical school. 291 00:14:30,577 --> 00:14:31,618 Stayed at Baylor for 292 00:14:31,663 --> 00:14:33,753 my five-year general surgery residency 293 00:14:33,789 --> 00:14:36,500 as well as my two-year vascular surgery fellowship. 294 00:14:36,543 --> 00:14:39,883 I have privileges at every major hospital in Dallas, 295 00:14:39,921 --> 00:14:42,471 including Baylor, Medical City Dallas, 296 00:14:42,506 --> 00:14:44,216 Medical City Children's, 297 00:14:44,259 --> 00:14:47,509 Methodist, Dallas Medical, Presbyterian, 298 00:14:47,553 --> 00:14:50,433 and approximately 40 other smaller hospitals 299 00:14:50,472 --> 00:14:53,523 and outpatient surgery centers here in the metroplex. 300 00:14:53,559 --> 00:14:58,190 My area of expertise is anterior spinal access. 301 00:14:58,230 --> 00:15:00,441 I work with most of the neurosurgical 302 00:15:00,482 --> 00:15:03,702 and orthopedic spine surgeons here in DFW. 303 00:15:03,736 --> 00:15:07,777 I open up the chest and the abdomen so they can correct 304 00:15:07,823 --> 00:15:10,833 whatever deformity they need to correct in the front. 305 00:15:10,869 --> 00:15:16,328 I perform between two to four of these operations per day. 306 00:15:16,374 --> 00:15:18,754 Five... call it six days a week. 307 00:15:18,793 --> 00:15:22,712 I do hernias, gallbladders, 308 00:15:22,755 --> 00:15:25,375 blockages of the legs and the neck arteries, anyone? 309 00:15:25,424 --> 00:15:30,054 But my area of expertise and the chapters I've published 310 00:15:30,096 --> 00:15:32,306 have all been on anterior spine access. 311 00:15:32,349 --> 00:15:33,928 - And were you called in on a case 312 00:15:33,975 --> 00:15:36,054 regarding a patient named Joe Padua? 313 00:15:36,101 --> 00:15:39,022 - Yeah, he works with the company 314 00:15:39,063 --> 00:15:40,274 that takes care of my pool. 315 00:15:40,315 --> 00:15:42,934 I was asked to come in, lend a hand. 316 00:15:42,984 --> 00:15:44,443 It seemed nobody else was available. 317 00:15:44,485 --> 00:15:45,446 - Available? 318 00:15:45,486 --> 00:15:46,777 - Nobody wanted to work with him. 319 00:15:46,821 --> 00:15:48,110 - Objection. 320 00:15:48,155 --> 00:15:49,299 The witness has no way of knowing that. 321 00:15:49,323 --> 00:15:50,744 I do. 322 00:15:50,783 --> 00:15:52,834 Sustained. 323 00:15:52,869 --> 00:15:56,209 - Did you know Dr. Duntsch prior to this surgery? 324 00:15:56,246 --> 00:15:58,826 - I met him one time before we had a conversation. 325 00:15:58,875 --> 00:16:03,085 I was scrubbing in on a case, and he tried to convince me 326 00:16:03,129 --> 00:16:07,089 that he was the best spine surgeon in town. 327 00:16:07,133 --> 00:16:09,763 I found the conversation disturbing. 328 00:16:09,802 --> 00:16:12,562 I mean, sure, most surgeons are superior sons of guns, 329 00:16:12,596 --> 00:16:14,267 some would even say yours truly, 330 00:16:14,307 --> 00:16:16,846 but this guy was next level. 331 00:16:16,893 --> 00:16:17,982 I mean, he tried to tell me 332 00:16:18,019 --> 00:16:19,349 that all the surgeries in Dallas 333 00:16:19,395 --> 00:16:22,355 were being performed incorrectly. 334 00:16:22,399 --> 00:16:25,359 - And what did you observe during your operation with him? 335 00:16:25,402 --> 00:16:28,032 - An anterior lumbar fusion at L5-S1 336 00:16:28,071 --> 00:16:31,620 is about the easiest procedure a spine surgeon can perform, 337 00:16:31,658 --> 00:16:33,538 and he just struggled. 338 00:16:33,576 --> 00:16:35,115 I mean, he was functioning at the level 339 00:16:35,161 --> 00:16:37,831 of a first- or second-year resident. 340 00:16:37,871 --> 00:16:40,672 Instead of using a scalpel to remove the disc, 341 00:16:40,709 --> 00:16:44,298 he just started grabbing at it with a double-action rongeur. 342 00:16:45,879 --> 00:16:48,840 All right, imagine, instead of using a pizza slicer 343 00:16:48,883 --> 00:16:51,852 to divide and conquer your extra-large pepperoni, 344 00:16:51,885 --> 00:16:55,306 you went after it with a pair of lockjaw pliers. 345 00:16:55,347 --> 00:16:57,807 Not appetizing, right? 346 00:16:57,850 --> 00:16:59,311 - Did it appear to you 347 00:16:59,351 --> 00:17:02,152 that there was more blood loss than there should be? 348 00:17:02,187 --> 00:17:03,857 - When he was taking the disc out, 349 00:17:03,898 --> 00:17:05,478 he took off a bit of bone 350 00:17:05,525 --> 00:17:08,525 from the bottom of the L5 vertebral body. 351 00:17:08,569 --> 00:17:12,160 In surgical parlance, he violated the endplate. 352 00:17:12,198 --> 00:17:14,488 Very difficult to do in healthy bone. 353 00:17:14,534 --> 00:17:16,334 He did the same thing to the sacrum. 354 00:17:16,368 --> 00:17:18,159 When you start chewing into bone, 355 00:17:18,203 --> 00:17:19,713 you get a lot of bleeding. 356 00:17:19,748 --> 00:17:23,708 It's not easy to stop bleeding when it's coming from bone. 357 00:17:23,751 --> 00:17:26,501 You're just really not supposed to do that. 358 00:17:26,546 --> 00:17:28,715 - What are you supposed to do? 359 00:17:28,757 --> 00:17:30,876 - Curet off the cartilage. 360 00:17:30,924 --> 00:17:32,634 A curet is like a scraper. 361 00:17:32,676 --> 00:17:34,467 You scrape off all the cartilage 362 00:17:34,511 --> 00:17:37,932 so you can get a proper fusion, and then heal bone to bone. 363 00:17:37,973 --> 00:17:39,854 - When did you leave the surgery? 364 00:17:39,893 --> 00:17:43,482 - Midway, I was called into a previously scheduled operation. 365 00:17:43,520 --> 00:17:44,441 Grudgingly. 366 00:17:44,480 --> 00:17:47,111 - Grudgingly. Why grudgingly? 367 00:17:52,864 --> 00:17:56,243 - He was the neurosurgeon. He was in charge. 368 00:17:56,284 --> 00:17:57,834 I did my job. 369 00:17:57,868 --> 00:18:03,328 I did my best to guide him, and then I left. 370 00:18:04,250 --> 00:18:08,210 In hindsight, I suppose I could have dragged him out of there. 371 00:18:08,253 --> 00:18:11,513 If there's ever a next time, I will. 372 00:18:15,470 --> 00:18:18,099 - State passes. - Defense. 373 00:18:26,772 --> 00:18:30,242 - You stated that Dr. Duntsch was operating at the level 374 00:18:30,276 --> 00:18:33,195 of a first- or second-year surgical resident. 375 00:18:33,238 --> 00:18:35,567 How many years does a neurosurgical resident 376 00:18:35,615 --> 00:18:36,775 typically study? 377 00:18:36,825 --> 00:18:38,535 - Six. 378 00:18:38,576 --> 00:18:40,655 - And would that include his training? 379 00:18:40,703 --> 00:18:43,624 Or lack thereof. 380 00:18:44,958 --> 00:18:48,337 - Or lack thereof. 381 00:18:50,212 --> 00:18:52,093 Well said. 382 00:18:52,132 --> 00:18:54,221 Defense passes the witness. 383 00:18:54,259 --> 00:18:57,098 - We stand in recess until tomorrow. 384 00:19:12,443 --> 00:19:15,614 - We can shift the blame to your training. 385 00:19:18,700 --> 00:19:21,160 - My training was some of the best in the world. 386 00:19:21,201 --> 00:19:24,501 - No, it was some of the worst. 387 00:19:25,664 --> 00:19:27,285 - What are you talking about? 388 00:19:27,334 --> 00:19:29,503 - We'll say you slipped through the cracks. 389 00:19:29,544 --> 00:19:30,855 You were told you were good enough to graduate, 390 00:19:30,878 --> 00:19:32,440 but you didn't have enough training hours. 391 00:19:32,463 --> 00:19:35,013 Your financial ties to Skadden 392 00:19:35,049 --> 00:19:37,259 and the rest of the investors blinded them to your... 393 00:19:37,301 --> 00:19:38,471 To your flaws. - Stop. 394 00:19:38,510 --> 00:19:39,697 - The entire medical community 395 00:19:39,721 --> 00:19:41,221 of Dallas should have recognized it. 396 00:19:41,263 --> 00:19:44,314 Instead, they simply moved you from hospital to hospital. 397 00:19:44,351 --> 00:19:48,520 - You are erasing my legacy. 398 00:19:49,772 --> 00:19:51,363 - Legacy? 399 00:19:51,398 --> 00:19:54,739 Christopher, you're done. 400 00:19:54,778 --> 00:19:55,897 - Fuck you. 401 00:19:55,944 --> 00:19:57,173 - You'll never practice medicine again. 402 00:19:57,197 --> 00:19:58,817 - Fuck you. 403 00:19:58,865 --> 00:20:00,343 And why aren't you pushing back on any of their witnesses? 404 00:20:00,366 --> 00:20:01,801 - How exactly would I do that, Chris? 405 00:20:01,826 --> 00:20:03,786 - I don't know. That's your job, isn't it? 406 00:20:03,827 --> 00:20:05,907 You break them down. You tell them they're wrong. 407 00:20:05,954 --> 00:20:08,535 You get them to admit... Admit whatever it was 408 00:20:08,583 --> 00:20:10,102 that they lied to me about that messed up their surgery. 409 00:20:10,125 --> 00:20:11,286 - Chris... 410 00:20:11,336 --> 00:20:13,296 - You do something to defend me. 411 00:20:13,337 --> 00:20:14,667 - The only witness, 412 00:20:14,713 --> 00:20:16,473 the only defense that I have right now 413 00:20:16,508 --> 00:20:20,178 is gonna speak to your narcissism. 414 00:20:20,220 --> 00:20:22,599 Our best bet is to prove 415 00:20:22,638 --> 00:20:24,325 that you never should have practiced medicine. 416 00:20:24,348 --> 00:20:27,098 Give me this. Please give me this, 417 00:20:27,143 --> 00:20:29,313 and we might be able to save you. 418 00:21:21,780 --> 00:21:24,451 - Thanks for being here today, Mr. Summers. 419 00:21:24,491 --> 00:21:28,001 Can you tell us how you know Mr. Duntsch? 420 00:21:30,914 --> 00:21:35,164 - We were classmates. Went to high school together. 421 00:21:35,211 --> 00:21:36,760 Lost touch. 422 00:21:36,796 --> 00:21:40,046 Reconnected when he returned to medical school in Memphis. 423 00:21:40,090 --> 00:21:43,641 - What led you to have surgery with Mr. Duntsch? 424 00:21:43,677 --> 00:21:47,218 - Sharp, stabbing-like sticking pain in my neck. 425 00:21:47,265 --> 00:21:48,595 Numbness. 426 00:21:48,641 --> 00:21:50,691 - Did he explain the risks? 427 00:21:50,727 --> 00:21:53,186 - He advised it was dangerous. 428 00:21:53,229 --> 00:21:55,898 He promised to take care of me. 429 00:21:55,940 --> 00:21:59,529 - What did you do the night before the surgery? 430 00:22:08,827 --> 00:22:13,208 - Watched a game. Basketball. 431 00:22:13,249 --> 00:22:16,169 Then I went to bed around 10:00. 432 00:22:16,211 --> 00:22:19,961 May... maybe more like 11:30. 433 00:22:20,798 --> 00:22:24,679 - What's the first thing you remember after the surgery? 434 00:22:26,304 --> 00:22:29,604 - I could barely move. 435 00:22:29,641 --> 00:22:35,020 I just kind of started freaking out, hollering. 436 00:22:35,063 --> 00:22:36,482 Wanting to know what was going on. 437 00:22:36,522 --> 00:22:39,732 - And did Chris come and talk to you? 438 00:22:39,776 --> 00:22:44,026 - Not at first, but eventually. 439 00:22:44,072 --> 00:22:47,122 And then they took me in for a second surgery, 440 00:22:47,157 --> 00:22:49,948 and when I got out, I couldn't move at all. 441 00:22:49,993 --> 00:22:52,913 - Do you remember making a statement in the ICU 442 00:22:52,955 --> 00:22:55,455 that you and Chris were doing cocaine together 443 00:22:55,500 --> 00:22:58,000 the night prior to surgery? 444 00:23:05,093 --> 00:23:07,932 - I wanted to see him. 445 00:23:07,971 --> 00:23:13,181 He wasn't coming around, and I... I was mad. 446 00:23:13,226 --> 00:23:15,306 I made it up. 447 00:23:15,353 --> 00:23:18,232 He was my doctor. 448 00:23:18,272 --> 00:23:20,532 I wanted to know why I couldn't move. 449 00:23:20,567 --> 00:23:22,646 He was in charge. 450 00:23:22,693 --> 00:23:26,163 He wouldn't come see me. 451 00:23:26,196 --> 00:23:28,487 - And he was your friend? 452 00:23:31,536 --> 00:23:34,496 Let the record show the witness nodded. 453 00:23:34,538 --> 00:23:36,749 He was your best friend? 454 00:23:38,751 --> 00:23:41,051 Let the record show the witness nodded. 455 00:23:42,713 --> 00:23:45,344 And he abandoned you? 456 00:23:49,679 --> 00:23:52,679 The State passes the witness. 457 00:23:59,064 --> 00:24:03,074 - I'm terribly sorry for what happened to you. 458 00:24:05,778 --> 00:24:10,078 You and Chris played football together, yes? 459 00:24:10,115 --> 00:24:11,276 - That's right. 460 00:24:11,326 --> 00:24:14,246 - And did you have some victories 461 00:24:14,287 --> 00:24:16,576 and some not-so-great games? 462 00:24:18,458 --> 00:24:19,627 - Yeah. 463 00:24:19,667 --> 00:24:21,917 - And how did Chris deal with those games? 464 00:24:21,961 --> 00:24:26,090 Did he always go in and always try to do his best? 465 00:24:27,424 --> 00:24:29,585 - Yeah. 466 00:24:30,428 --> 00:24:33,518 - Were you aware that he was in a fellowship program 467 00:24:33,556 --> 00:24:35,806 studying under Dr. Geoffrey Skadden? 468 00:24:35,849 --> 00:24:37,230 - Yes. 469 00:24:37,268 --> 00:24:39,807 - And from your understanding, was it very important, 470 00:24:39,854 --> 00:24:42,023 what he was doing for Dr. Skadden? 471 00:24:44,233 --> 00:24:45,364 - Yeah. 472 00:24:45,402 --> 00:24:47,612 - And things like doing surgeries 473 00:24:47,653 --> 00:24:51,243 while he was there under Skadden's supervision, 474 00:24:51,281 --> 00:24:54,541 that was important to becoming a successful surgeon? 475 00:24:54,576 --> 00:24:55,906 - Yeah. 476 00:24:55,953 --> 00:24:59,084 - Did you ever see Chris get out of obligations 477 00:24:59,124 --> 00:25:00,834 that he had at school? 478 00:25:02,292 --> 00:25:04,093 - I felt that way sometimes. 479 00:25:04,128 --> 00:25:06,088 - Can you give us an example of that? 480 00:25:06,131 --> 00:25:09,800 Like, something that you saw or that made you think that? 481 00:25:09,843 --> 00:25:12,262 - I can just remember maybe making a phone call 482 00:25:12,303 --> 00:25:13,722 to a doctor, 483 00:25:13,762 --> 00:25:15,603 maybe Dr. Skadden or another doctor, 484 00:25:15,640 --> 00:25:19,309 to say that he had stuff to do for DiscGenics. 485 00:25:19,352 --> 00:25:22,731 And I can remember them 486 00:25:22,771 --> 00:25:25,652 let him out whatever he had to do. 487 00:25:25,692 --> 00:25:27,612 - When you would find out that Dr. Skadden 488 00:25:27,652 --> 00:25:29,571 and/or some other doctor would just excuse him 489 00:25:29,612 --> 00:25:32,991 from doing things at school in lieu of staying in the lab, 490 00:25:33,032 --> 00:25:34,663 I mean, did you think that was a problem? 491 00:25:34,701 --> 00:25:36,790 - I never knew that, you know, what was happening, 492 00:25:36,827 --> 00:25:40,748 and so I... I... I don't know what he was missing 493 00:25:40,789 --> 00:25:43,380 or where he was going. So I... I don't know. 494 00:25:43,417 --> 00:25:44,458 - Okay. 495 00:25:44,501 --> 00:25:45,711 Well, did you ever meet 496 00:25:45,753 --> 00:25:49,223 any one of his classmates, or anyone 497 00:25:49,257 --> 00:25:51,297 who went to the University of Tennessee Med School, 498 00:25:51,343 --> 00:25:52,893 and talk to them about the rigors 499 00:25:52,926 --> 00:25:57,057 of completing medical school and completing that fellowship? 500 00:25:57,097 --> 00:25:58,728 - I don't remember. 501 00:25:58,767 --> 00:26:00,517 - You don't remember anyone saying 502 00:26:00,559 --> 00:26:03,519 that he only got through medical school 503 00:26:03,563 --> 00:26:05,272 because Skadden liked him? 504 00:26:05,315 --> 00:26:07,184 - I heard that after... you know, 505 00:26:07,232 --> 00:26:09,323 something similar to that since my surgery. 506 00:26:09,361 --> 00:26:12,530 - Do you remember who that was that told you that or is that... 507 00:26:12,571 --> 00:26:14,491 - I heard it from a friend 508 00:26:14,531 --> 00:26:15,675 who heard it from another friend, 509 00:26:15,700 --> 00:26:17,119 and he made a comment 510 00:26:17,160 --> 00:26:21,660 that Chris was able to circumvent the program. 511 00:26:22,374 --> 00:26:25,423 - Did they attribute that circumventing to Dr. Skadden 512 00:26:25,460 --> 00:26:27,188 or some other doctor or both? - I don't know. 513 00:26:27,211 --> 00:26:28,422 I don't... I don't know. 514 00:26:28,462 --> 00:26:29,923 - Okay. - I don't know. 515 00:26:29,963 --> 00:26:31,634 - Okay, you said you understood... 516 00:26:31,674 --> 00:26:32,984 - I think what they attributed to is the fact 517 00:26:33,009 --> 00:26:34,028 that they had companies with them. 518 00:26:34,051 --> 00:26:35,511 - Well, that was the next thing 519 00:26:35,552 --> 00:26:36,813 I was gonna ask you about. 520 00:26:36,846 --> 00:26:40,266 You said they had companies with him. 521 00:26:40,307 --> 00:26:43,347 They gave all the funds to those companies. 522 00:26:43,394 --> 00:26:44,644 - Right. 523 00:26:44,688 --> 00:26:46,978 - For him to do the research, right? 524 00:26:47,022 --> 00:26:48,153 - Right. 525 00:26:48,191 --> 00:26:50,441 - Okay, and it was very important 526 00:26:50,484 --> 00:26:53,525 that research be successful to those companies. 527 00:26:53,570 --> 00:26:55,570 Is that correct? 528 00:26:56,950 --> 00:26:58,369 - Yeah. 529 00:26:58,410 --> 00:27:00,369 - Now, when Chris moved here, 530 00:27:00,412 --> 00:27:02,122 did he cut off all work 531 00:27:02,163 --> 00:27:05,252 with Dr. Skadden and DiscGenics? 532 00:27:05,290 --> 00:27:06,461 - Not that I know of. 533 00:27:06,500 --> 00:27:08,040 - So Chris came to Dallas, 534 00:27:08,086 --> 00:27:10,665 and he worked at the Minimally Invasive Spine Institute. 535 00:27:10,713 --> 00:27:12,054 Is that correct? 536 00:27:12,089 --> 00:27:13,049 - Yeah. 537 00:27:13,090 --> 00:27:14,931 - And while he was working there, 538 00:27:14,968 --> 00:27:18,008 he was being pursued by Amy Piel at Baylor-Plano. 539 00:27:18,054 --> 00:27:19,064 Is that correct? 540 00:27:19,096 --> 00:27:20,717 - Well, she was interested in having 541 00:27:20,765 --> 00:27:22,674 a successful clinic on the property. 542 00:27:22,726 --> 00:27:26,306 All to herself. 543 00:27:26,354 --> 00:27:30,074 Because if he was with Missy, 544 00:27:30,107 --> 00:27:33,948 she wasn't getting all the fees that he would generate. 545 00:27:36,280 --> 00:27:37,780 - Yeah. 546 00:27:37,824 --> 00:27:43,913 - So both the chair of his fellowship, 547 00:27:43,954 --> 00:27:45,825 the person responsible for his training, 548 00:27:45,874 --> 00:27:48,173 and one of the largest hospitals 549 00:27:48,209 --> 00:27:52,128 in the Dallas-Fort Worth area had financial reasons 550 00:27:52,172 --> 00:27:56,721 for ensuring that Christopher Duntsch was successful. 551 00:28:01,722 --> 00:28:03,893 - I'd say so. 552 00:28:06,853 --> 00:28:09,482 - Defense passes the witness. 553 00:28:09,521 --> 00:28:11,781 - Redirect. 554 00:28:13,151 --> 00:28:16,780 Did Christopher ever visit you after the surgery? 555 00:28:16,820 --> 00:28:19,951 After you returned home to Memphis? 556 00:28:21,492 --> 00:28:24,163 - Once. He came to visit. 557 00:28:25,663 --> 00:28:29,333 - What did you talk about? 558 00:28:29,375 --> 00:28:33,336 - His baby, his practice. 559 00:28:33,380 --> 00:28:35,009 Nothing in depth. 560 00:28:35,048 --> 00:28:37,677 - Did he ask about you? 561 00:28:38,718 --> 00:28:42,718 About what was happening in your life? 562 00:28:44,807 --> 00:28:47,387 - No. 563 00:28:47,434 --> 00:28:51,815 - Ms. McClung said that she was sorry 564 00:28:51,855 --> 00:28:53,316 for what happened to you, 565 00:28:53,357 --> 00:28:56,317 even though she has no connection to your surgery. 566 00:28:56,361 --> 00:29:01,490 Has Christopher ever said he was sorry? 567 00:29:07,622 --> 00:29:10,041 - No. 568 00:29:13,211 --> 00:29:17,171 - Final question, Mr. Summers. 569 00:29:17,214 --> 00:29:19,295 He's here now. 570 00:29:19,342 --> 00:29:22,011 Is there anything you want to say to him? 571 00:29:22,053 --> 00:29:24,762 - Objection. - Sustained. 572 00:29:29,435 --> 00:29:31,185 - I love you. 573 00:29:31,229 --> 00:29:35,028 - The jury will disregard that last statement. 574 00:29:35,066 --> 00:29:38,105 - The State has no further questions. 575 00:29:49,622 --> 00:29:52,382 - Would you please introduce yourself to the jury? 576 00:29:52,416 --> 00:29:53,916 - Major Kimberly Morgan. 577 00:29:53,960 --> 00:29:55,420 United States Air Force. 578 00:29:55,461 --> 00:29:57,801 - And are you currently out on deployment 579 00:29:57,838 --> 00:29:59,878 in a location you cannot disclose? 580 00:29:59,923 --> 00:30:01,683 - Yes, ma'am, due to security. 581 00:30:01,718 --> 00:30:03,548 - Are you familiar with a person 582 00:30:03,595 --> 00:30:04,884 named Christopher Duntsch? 583 00:30:04,929 --> 00:30:06,219 - Yes, ma'am. 584 00:30:06,263 --> 00:30:07,683 I ran the office at his clinic 585 00:30:07,723 --> 00:30:09,183 and assisted in surgery. 586 00:30:09,224 --> 00:30:11,515 - Can you tell us what the defendant was like? 587 00:30:11,560 --> 00:30:12,810 His demeanor? 588 00:30:12,854 --> 00:30:15,653 - Caring, kind, 589 00:30:15,690 --> 00:30:17,779 always very nice to the patients. 590 00:30:17,817 --> 00:30:19,277 He took time to listen to them. 591 00:30:19,318 --> 00:30:22,028 - And did that change over the course 592 00:30:22,071 --> 00:30:24,372 of the time you were with him? 593 00:30:24,406 --> 00:30:26,906 - Yes, 594 00:30:26,951 --> 00:30:29,701 after the event in February 2012. 595 00:30:29,746 --> 00:30:33,036 - The event? 596 00:30:33,083 --> 00:30:34,673 - Jerry Summers' surgery. 597 00:30:38,380 --> 00:30:42,299 Mr. Summers wasn't able to use his limbs, 598 00:30:42,342 --> 00:30:46,011 was having difficulty breathing, 599 00:30:46,054 --> 00:30:48,223 and then he talked about how he and Dr. Duntsch 600 00:30:48,263 --> 00:30:51,064 were doing cocaine the night before the surgery. 601 00:30:51,101 --> 00:30:53,730 - You were ordered to take a drug test? 602 00:30:53,769 --> 00:30:57,319 - Myself and Dr. Duntsch. I took it right away that day. 603 00:30:57,356 --> 00:30:58,567 - Did the defendant? 604 00:30:58,607 --> 00:30:59,978 - Eventually. 605 00:31:00,026 --> 00:31:01,316 It came back clean, 606 00:31:01,361 --> 00:31:03,490 and Baylor reinstated his privileges. 607 00:31:03,529 --> 00:31:05,029 - Shelley Brennan would be 608 00:31:05,073 --> 00:31:07,492 the last patient you assisted on? 609 00:31:09,576 --> 00:31:10,866 - Yes. 610 00:31:10,912 --> 00:31:13,422 - What do you remember about her surgery? 611 00:31:24,217 --> 00:31:27,846 - It's a simple surgery. 612 00:31:27,886 --> 00:31:31,136 In one day, home the next. 613 00:31:32,517 --> 00:31:37,396 - This is an email from Duntsch@TNiclinic.net 614 00:31:37,439 --> 00:31:39,568 to Kimberly Morgan. 615 00:31:39,606 --> 00:31:41,646 The subject is "Occam's Razor." 616 00:31:41,692 --> 00:31:46,742 "Kim, unfortunately, you cannot understand that 617 00:31:46,780 --> 00:31:50,080 "I really am building an empire, 618 00:31:50,117 --> 00:31:53,117 "and I am so far outside the box 619 00:31:53,163 --> 00:31:57,212 "that the Earth is small and the Sun is bright. 620 00:31:57,250 --> 00:32:00,250 "Anyone close to me thinks that I'm likely 621 00:32:00,295 --> 00:32:02,914 "something between God, Einstein, 622 00:32:02,963 --> 00:32:05,094 and the Antichrist... 623 00:32:05,133 --> 00:32:07,303 - Because how can I do anything that I want 624 00:32:07,344 --> 00:32:09,104 across any discipline boundary 625 00:32:09,136 --> 00:32:12,176 like it's a playground and never ever lose? 626 00:32:12,222 --> 00:32:14,353 Unfortunately, despite the fact 627 00:32:14,392 --> 00:32:17,902 that I am winning, it is not happening fast enough. 628 00:32:17,936 --> 00:32:20,267 What is the problem, Kim? 629 00:32:20,315 --> 00:32:23,565 It is simply that everyone else is human, 630 00:32:23,609 --> 00:32:26,150 and there's nothing I can do about it. 631 00:32:26,195 --> 00:32:29,276 So I pick and choose my humans 632 00:32:29,324 --> 00:32:32,374 and try to help them. 633 00:32:32,410 --> 00:32:36,210 You, my child, 634 00:32:36,247 --> 00:32:41,247 are the only one standing between me and the other side. 635 00:32:41,294 --> 00:32:46,594 I am ready to leave the love and kindness and goodness 636 00:32:46,633 --> 00:32:50,853 and patience that I mixed with everything else that I am 637 00:32:50,886 --> 00:32:53,346 and become a cold-blooded killer. 638 00:32:53,390 --> 00:32:57,309 The sad fact is, I could go faster, do better, 639 00:32:57,352 --> 00:32:59,521 catch more honor and respect 640 00:32:59,561 --> 00:33:02,021 by fucking everybody in the brain, 641 00:33:02,065 --> 00:33:03,855 emotionally and mentally controlling them 642 00:33:03,900 --> 00:33:06,109 in a manner that borders on abuse, 643 00:33:06,152 --> 00:33:10,321 taking no prisoners, sending everyone in my way, 644 00:33:10,365 --> 00:33:13,484 especially that fucks with me, to hell 645 00:33:13,535 --> 00:33:17,154 for the simple fact that they thought they could. 646 00:33:19,082 --> 00:33:23,001 What I am being as what I am, 647 00:33:23,044 --> 00:33:26,054 one of a kind, 648 00:33:26,088 --> 00:33:30,929 a motherfucker stone-cold killer. 649 00:33:35,097 --> 00:33:38,637 - I'll pass my witness, Your Honor. 650 00:33:38,684 --> 00:33:40,095 - I don't think it's morning 651 00:33:40,144 --> 00:33:43,394 where you are, but good morning. 652 00:33:43,440 --> 00:33:47,490 Now, the State is making a big deal out of this email 653 00:33:47,527 --> 00:33:49,237 they just read. 654 00:33:49,278 --> 00:33:52,028 Did you know Christopher liked poetry? 655 00:33:52,073 --> 00:33:53,833 - I found out later. 656 00:33:53,866 --> 00:33:57,616 - But you're not surprised by his... his flowery language. 657 00:33:57,662 --> 00:33:58,961 I mean, he sent emails 658 00:33:58,997 --> 00:34:00,391 like that one quite often, didn't he? 659 00:34:00,414 --> 00:34:01,785 - Yes. 660 00:34:01,833 --> 00:34:04,633 - Do you think Dr. Duntsch was a cold-blooded killer? 661 00:34:04,669 --> 00:34:06,209 - No. 662 00:34:06,253 --> 00:34:09,094 - Now, it's no secret that you and Dr. Duntsch 663 00:34:09,132 --> 00:34:11,931 had an intimate relationship. 664 00:34:11,967 --> 00:34:14,007 We know that involves sex, 665 00:34:14,054 --> 00:34:16,143 but was there an emotional element? 666 00:34:16,181 --> 00:34:17,311 - Meaning? 667 00:34:17,349 --> 00:34:19,978 - Well, among the people in his life, 668 00:34:20,018 --> 00:34:22,268 based on everything you saw 669 00:34:22,311 --> 00:34:24,902 working with him day in and day out, 670 00:34:24,938 --> 00:34:26,268 sleeping with him, 671 00:34:26,315 --> 00:34:28,565 you thought you were pretty close? 672 00:34:28,610 --> 00:34:29,739 - I thought so. 673 00:34:29,777 --> 00:34:31,398 - Close enough that perhaps 674 00:34:31,445 --> 00:34:35,195 you didn't allow yourself to see the truth? 675 00:34:35,240 --> 00:34:37,041 - The truth? 676 00:34:37,077 --> 00:34:39,117 - About his abilities. 677 00:34:39,161 --> 00:34:40,751 - I don't understand. 678 00:34:40,789 --> 00:34:43,329 - Was he a good surgeon? 679 00:34:45,251 --> 00:34:47,210 - That's outside my area of expertise. 680 00:34:47,253 --> 00:34:49,463 - You were in his office. You were in the O.R. 681 00:34:49,505 --> 00:34:51,005 You don't have a professional opinion? 682 00:34:51,048 --> 00:34:53,179 - No. 683 00:34:53,217 --> 00:34:55,217 - Okay, well, after Shelley Brennan, 684 00:34:55,260 --> 00:34:57,431 did you ever work with Dr. Duntsch again? 685 00:34:57,472 --> 00:34:58,931 - No. - Why not? 686 00:34:58,972 --> 00:35:03,233 - I didn't wanna be in that environment anymore. 687 00:35:03,268 --> 00:35:05,608 - That environment? What environment? 688 00:35:10,193 --> 00:35:14,242 - Unhealthy, you know? 689 00:35:14,280 --> 00:35:16,280 - You mean the environment in which patients 690 00:35:16,324 --> 00:35:17,534 were being maimed and killed? 691 00:35:17,574 --> 00:35:19,695 - Objection. - Sustained. 692 00:35:19,744 --> 00:35:21,333 - Just one more question. 693 00:35:21,371 --> 00:35:23,831 If you believed that Dr. Duntsch 694 00:35:23,873 --> 00:35:26,422 wanted to hurt patients, 695 00:35:26,458 --> 00:35:28,668 you certainly would go and tell somebody about that, 696 00:35:28,711 --> 00:35:31,422 wouldn't you? 697 00:35:35,802 --> 00:35:38,561 - Yes, ma'am. 698 00:35:39,847 --> 00:35:41,597 - Pass the witness. 699 00:35:41,641 --> 00:35:45,981 Stay safe, Ms. Morgan, wherever you've gone. 700 00:36:02,369 --> 00:36:05,369 - How are you feeling? 701 00:36:05,414 --> 00:36:08,534 - If they ask me questions about Duntsch's training, 702 00:36:08,585 --> 00:36:11,755 I can't promise you what I'm going to say. 703 00:36:13,172 --> 00:36:15,182 - Yeah. 704 00:36:17,510 --> 00:36:19,889 If we can't present our entire case, 705 00:36:19,929 --> 00:36:22,429 the good, bad, everything, 706 00:36:22,474 --> 00:36:25,143 if we can't lay it all out and still win, 707 00:36:25,184 --> 00:36:27,014 then we shouldn't win. 708 00:36:28,896 --> 00:36:30,186 - You take that call. 709 00:36:30,231 --> 00:36:32,650 - Hey, Ma. Hang on a sec. 710 00:36:32,692 --> 00:36:35,202 Dr. Henderson. 711 00:36:35,235 --> 00:36:39,405 If they ask, answer how you want. 712 00:36:41,242 --> 00:36:44,121 - Thank you. 713 00:36:45,621 --> 00:36:48,501 - Yeah, I'm here. 714 00:37:12,440 --> 00:37:14,730 We asked you here to give your opinion 715 00:37:14,775 --> 00:37:17,896 on four different cases the defendant performed. 716 00:37:17,945 --> 00:37:21,565 What surgery did the defendant recommend for Jerry Summers? 717 00:37:21,615 --> 00:37:26,746 - An anterior cervical fusion at C3-4 and C4-5. 718 00:37:26,788 --> 00:37:29,958 - What was the outcome of Mr. Summer's surgery? 719 00:37:30,000 --> 00:37:32,170 - He was rendered a quadriplegic. 720 00:37:34,128 --> 00:37:35,509 - Would you walk us through it? 721 00:37:35,547 --> 00:37:37,217 - There was a lot of bleeding. 722 00:37:37,257 --> 00:37:40,797 - Suction. - Suction. 723 00:37:40,844 --> 00:37:43,563 - Sponge. Give me a sponge. 724 00:37:43,596 --> 00:37:46,306 - How many CCs were lost? 725 00:37:47,934 --> 00:37:52,153 - A typical loss is somewhere between 25 and 200 CCs. 726 00:37:52,188 --> 00:37:55,527 Mr. Summers lost 1,900 CCs. 727 00:37:55,567 --> 00:37:58,896 - What accounts for that amount of blood loss? 728 00:37:58,945 --> 00:38:00,945 - Injuring a major structure. 729 00:38:00,989 --> 00:38:02,409 - Pituitary. 730 00:38:02,449 --> 00:38:05,579 - He removed the disc from C3-4 and C4-5, 731 00:38:05,617 --> 00:38:07,367 as he was supposed to do, 732 00:38:07,411 --> 00:38:09,791 and then he removed a tremendous amount of bone 733 00:38:09,831 --> 00:38:11,831 on the left side. 734 00:38:12,416 --> 00:38:15,086 Over a third of the vertebral body. 735 00:38:15,128 --> 00:38:19,547 And in doing so, he lacerated the vertebral artery. 736 00:38:23,219 --> 00:38:27,309 - The defendant chose to go back in for a second surgery. 737 00:38:27,349 --> 00:38:29,018 What procedure did he perform? 738 00:38:29,059 --> 00:38:30,728 - Double action. 739 00:38:30,768 --> 00:38:34,478 - A laminectomy in order to relieve pressure on the spine. 740 00:38:34,521 --> 00:38:36,572 But by removing excessive bone 741 00:38:36,608 --> 00:38:38,688 from both the front and the back, 742 00:38:38,735 --> 00:38:41,775 you're compromising the entire structure. 743 00:38:41,820 --> 00:38:44,621 - In layman's terms? 744 00:38:44,657 --> 00:38:48,327 - His head was barely attached to his spine. 745 00:38:51,706 --> 00:38:53,706 - Let's move on to Shelley Brennan. 746 00:38:53,750 --> 00:38:56,289 The surgery Duntsch recommended, 747 00:38:56,335 --> 00:38:58,706 was that a surgery that would fix her issue? 748 00:38:58,755 --> 00:39:00,085 - Yes. 749 00:39:00,130 --> 00:39:03,090 - What was the outcome of Mrs. Brennan's operation? 750 00:39:03,134 --> 00:39:04,844 - She died. 751 00:39:04,885 --> 00:39:07,385 - Is that normal for this type of procedure? 752 00:39:07,429 --> 00:39:11,349 - Mortalities are less than 1 in 10,000. 753 00:39:11,393 --> 00:39:14,152 The pituitary rongeur went through 754 00:39:14,186 --> 00:39:17,356 the ligament in the front and lacerated the iliac vessels 755 00:39:17,398 --> 00:39:19,568 that lie directly on the side. 756 00:39:19,608 --> 00:39:22,068 - So Mrs. Brennan was bleeding? 757 00:39:22,112 --> 00:39:23,152 - Heavily. 758 00:39:23,195 --> 00:39:24,356 - Would there have been blood 759 00:39:24,405 --> 00:39:26,695 visible in the operative site? 760 00:39:26,740 --> 00:39:28,081 - Sometimes, yes. 761 00:39:28,117 --> 00:39:30,197 It doesn't appear to have been the case here, 762 00:39:30,244 --> 00:39:32,431 but they should have noticed a drop in her blood pressure. 763 00:39:32,454 --> 00:39:37,585 - Should a neurosurgeon know that a drop in blood pressure 764 00:39:37,626 --> 00:39:39,206 means there's a bleed somewhere? 765 00:39:39,253 --> 00:39:44,054 - It's a fundamental rule, but the likelihood of them 766 00:39:44,092 --> 00:39:47,052 being able to address the issue is small. 767 00:39:47,094 --> 00:39:51,264 They'd call in a vascular surgeon for assistance. 768 00:39:51,306 --> 00:39:53,936 - But he didn't do that. 769 00:39:55,936 --> 00:39:58,226 - No. 770 00:39:58,273 --> 00:39:59,733 - Dorothy Burke. 771 00:39:59,773 --> 00:40:02,994 - Mrs. Burke had a previous anterior cervical fusion 772 00:40:03,027 --> 00:40:07,987 at C5-6 and C6-7 that resolved her symptoms for a time, 773 00:40:08,032 --> 00:40:10,583 but she began experiencing neck and shoulder pain 774 00:40:10,617 --> 00:40:13,367 that had nothing to do with her prior surgery. 775 00:40:13,413 --> 00:40:17,043 Dr. Duntsch diagnosed a disc protrusion at C4-5 776 00:40:17,083 --> 00:40:20,713 and a disc extrusion at the C7 T1 level. 777 00:40:20,753 --> 00:40:25,224 He sliced through the vertebral artery again. 778 00:40:31,264 --> 00:40:35,353 - We've been talking a lot about the vertebral artery. 779 00:40:35,393 --> 00:40:37,943 Is it common for it to be hit during surgery? 780 00:40:37,978 --> 00:40:39,398 - Exceptionally rare. 781 00:40:39,438 --> 00:40:40,728 - How many times have you hit it? 782 00:40:40,773 --> 00:40:42,153 - Never. 783 00:40:42,192 --> 00:40:44,742 - And what happened to Mrs. Burke after her surgery? 784 00:40:44,777 --> 00:40:48,447 - Her heart rate elevated. She couldn't open her eyes. 785 00:40:48,489 --> 00:40:51,909 No verbal response to questioning or commands. 786 00:40:51,951 --> 00:40:56,501 - And what does that indicate to anyone in the medical field? 787 00:40:56,539 --> 00:40:58,708 - An impending disaster. 788 00:40:58,750 --> 00:41:01,090 - What should Mr. Duntsch have done 789 00:41:01,126 --> 00:41:03,876 as soon as he was informed of that information? 790 00:41:03,922 --> 00:41:06,472 - Physically examine the patient. 791 00:41:06,507 --> 00:41:08,757 Order appropriate studies. Scans. 792 00:41:08,802 --> 00:41:11,222 They were ordered by the ICU physician, 793 00:41:11,262 --> 00:41:13,351 which showed she was brain dead. 794 00:41:18,686 --> 00:41:20,806 - Where was Dr. Duntsch? 795 00:41:20,855 --> 00:41:22,724 - He was operating on Madeline Beyer. 796 00:41:22,773 --> 00:41:25,824 - Had the defendant focused on Dorothy Burke 797 00:41:25,860 --> 00:41:29,239 rather than Madeline Beyer, would she still be alive today? 798 00:41:29,280 --> 00:41:30,659 - Based on what I know 799 00:41:30,699 --> 00:41:32,329 of Dr. Duntsch's approach to surgery, 800 00:41:32,367 --> 00:41:35,197 Mrs. Burke was dead the moment she agreed for him to operate. 801 00:41:35,244 --> 00:41:36,494 - Objection. 802 00:41:36,538 --> 00:41:38,577 - Sustained. 803 00:41:40,208 --> 00:41:42,538 - Madeline Beyer? 804 00:41:42,585 --> 00:41:46,715 - Mrs. Beyer is the reason I'm sitting here today. 805 00:41:46,755 --> 00:41:50,135 I... I tried to fix her. 806 00:41:50,175 --> 00:41:53,255 One of the screws was violating the spinal canal, 807 00:41:53,304 --> 00:41:56,353 damaging dura and nerve roots. 808 00:41:56,391 --> 00:41:58,601 - How do you know when you've hit the dura? 809 00:41:58,643 --> 00:42:01,063 - Cerebral spinal fluid leaks out. 810 00:42:01,103 --> 00:42:05,403 I found evidence of three attempted screw placements 811 00:42:05,442 --> 00:42:08,952 on the left side where he put no screws. 812 00:42:10,155 --> 00:42:12,315 The most disturbing part was, 813 00:42:12,364 --> 00:42:15,614 the entire reason he was operating 814 00:42:15,659 --> 00:42:19,079 was to remove the disc, and he didn't touch it. 815 00:42:19,121 --> 00:42:20,711 - What did he take out? 816 00:42:20,748 --> 00:42:24,039 - A large piece of the psoas muscle. 817 00:42:24,085 --> 00:42:26,625 He made a portal through that muscle 818 00:42:26,670 --> 00:42:29,170 and stuffed an implant in there. 819 00:42:29,215 --> 00:42:30,715 - Cage. 820 00:42:30,759 --> 00:42:32,338 - Is a trained neurosurgeon 821 00:42:32,385 --> 00:42:36,505 going to know the difference between bone and muscle? 822 00:42:36,556 --> 00:42:38,135 - Yes. - Mallet. 823 00:42:38,182 --> 00:42:40,063 - Would a trained neurosurgeon know 824 00:42:40,101 --> 00:42:43,021 that by malpositioning the interbody device, 825 00:42:43,063 --> 00:42:45,523 he was reasonably certain to cause her injury? 826 00:42:45,565 --> 00:42:47,065 - Yes. 827 00:42:47,108 --> 00:42:49,277 - Would a trained neurosurgeon have been aware 828 00:42:49,318 --> 00:42:52,108 that if he malpositioned the pedicle screws, 829 00:42:52,155 --> 00:42:53,775 he was reasonably certain 830 00:42:53,822 --> 00:42:55,873 to cause her serious bodily injury? 831 00:42:55,909 --> 00:42:57,239 - Yes. 832 00:42:57,284 --> 00:43:00,155 - Would a trained neurosurgeon have been aware 833 00:43:00,204 --> 00:43:02,494 that if he amputated the nerve root, 834 00:43:02,539 --> 00:43:03,670 he was reasonably certain 835 00:43:03,708 --> 00:43:06,088 to cause her serious bodily injury? 836 00:43:06,126 --> 00:43:07,297 - Yes. 837 00:43:07,336 --> 00:43:09,586 - The way the surgical tools were used 838 00:43:09,630 --> 00:43:11,380 in Madeline Beyer's case, 839 00:43:11,423 --> 00:43:13,434 do you think they were used in a manner 840 00:43:13,467 --> 00:43:17,637 that was capable of causing death or serious bodily injury? 841 00:43:21,434 --> 00:43:23,773 - Yes. 842 00:43:23,811 --> 00:43:26,822 - We pass the witness. 843 00:43:30,652 --> 00:43:33,572 - Dr. Henderson, Ms. Shughart made 844 00:43:33,612 --> 00:43:38,032 quite the point that a trained neurosurgeon 845 00:43:38,076 --> 00:43:40,905 should have done this or done that. 846 00:43:40,954 --> 00:43:44,463 You're aware Christopher has both an MD and a PhD 847 00:43:44,498 --> 00:43:46,458 from the University of Tennessee. 848 00:43:46,501 --> 00:43:47,880 - I am. 849 00:43:47,918 --> 00:43:51,418 - UT isn't some fly-by-night medical school. 850 00:43:51,463 --> 00:43:52,804 It's not like one of those in... 851 00:43:52,840 --> 00:43:55,300 In Guadalajara or Granada, is it? 852 00:43:55,342 --> 00:43:57,603 - No, it's in Memphis. 853 00:43:57,637 --> 00:44:00,637 - Do you know Dr. Geoffrey Skadden? 854 00:44:00,681 --> 00:44:02,181 Does he have a good reputation? 855 00:44:02,224 --> 00:44:04,014 - I do, and he does. 856 00:44:04,059 --> 00:44:05,809 - And what was he responsible for 857 00:44:05,853 --> 00:44:07,903 in Christopher Duntsch's training? 858 00:44:07,938 --> 00:44:11,608 - After Dr. Duntsch finished his residency at UT, 859 00:44:11,650 --> 00:44:14,490 he came under the tutelage of Dr. Skadden 860 00:44:14,528 --> 00:44:15,818 for a fellowship training 861 00:44:15,864 --> 00:44:18,164 in minimally invasive spine surgery. 862 00:44:18,199 --> 00:44:20,619 - Were you familiar with the fact that Dr. Duntsch 863 00:44:20,659 --> 00:44:23,369 was doing medical cancer research on the side 864 00:44:23,413 --> 00:44:26,422 and that Dr. Skadden was involved in that research? 865 00:44:26,458 --> 00:44:27,918 - I wasn't at the time, no. 866 00:44:27,958 --> 00:44:31,498 - Should any doctor under any circumstances 867 00:44:31,545 --> 00:44:36,045 have their surgical training hours disrupted by research? 868 00:44:36,092 --> 00:44:37,181 - Absolutely not. 869 00:44:37,217 --> 00:44:40,427 - So a neurosurgical resident or fellow 870 00:44:40,472 --> 00:44:42,561 can't just skip those hours. 871 00:44:42,599 --> 00:44:45,268 The supervisor has to sign off, no matter the excuse. 872 00:44:45,309 --> 00:44:46,809 - Correct. 873 00:44:46,853 --> 00:44:49,313 - Do the doctors in charge of the program have to sign off 874 00:44:49,356 --> 00:44:51,476 that they're qualified to go and operate? 875 00:44:51,523 --> 00:44:52,693 - Yes. 876 00:44:52,733 --> 00:44:54,494 - Did Dr. Skadden write letters 877 00:44:54,527 --> 00:44:56,817 of recommendation for Dr. Duntsch? 878 00:44:56,862 --> 00:44:58,373 - Yes, he stated Dr. Duntsch 879 00:44:58,405 --> 00:45:02,365 was a satisfactory surgeon in his fellowship. 880 00:45:02,409 --> 00:45:05,369 - Well, had Dr. Skadden heard what was happening in Texas? 881 00:45:05,413 --> 00:45:07,123 - Yes, because he had mentioned 882 00:45:07,164 --> 00:45:09,574 poor outcomes at Baylor when filling out 883 00:45:09,626 --> 00:45:11,536 a credentialing form at Forest Park. 884 00:45:11,585 --> 00:45:14,666 - Do you have any idea why he wouldn't have explicitly told 885 00:45:14,713 --> 00:45:17,384 these hospitals not to hire Dr. Duntsch? 886 00:45:17,425 --> 00:45:20,175 - Dr. Skadden said that he had to write recommendations 887 00:45:20,219 --> 00:45:23,059 based on what he'd witnessed in his program. 888 00:45:23,097 --> 00:45:25,927 He couldn't speak to whatever was happening in Texas. 889 00:45:25,974 --> 00:45:28,264 He didn't write any more recommendations for Mr. Duntsch 890 00:45:28,311 --> 00:45:29,851 after we spoke. 891 00:45:29,896 --> 00:45:32,476 - Has there ever been an instance 892 00:45:32,523 --> 00:45:37,114 in which a doctor was sued for not writing a recommendation? 893 00:45:37,152 --> 00:45:39,362 - Yes. 894 00:45:39,405 --> 00:45:41,565 - Well, that's frightening, is it not? 895 00:45:41,615 --> 00:45:43,576 - It is to me. 896 00:45:43,617 --> 00:45:46,077 - So Skadden had to sign off on him, 897 00:45:46,121 --> 00:45:48,420 or he wouldn't have been able to get their credentials? 898 00:45:48,456 --> 00:45:49,615 - Correct. 899 00:45:49,666 --> 00:45:50,809 - I mean, Baylor wouldn't let 900 00:45:50,833 --> 00:45:52,423 somebody just walk in off the street, 901 00:45:52,460 --> 00:45:53,840 start doing neurosurgery. 902 00:45:53,878 --> 00:45:55,878 - I also assumed they would have reported 903 00:45:55,922 --> 00:45:58,552 the outcomes of his surgeries to the authorities. 904 00:45:58,590 --> 00:46:00,090 - As a matter of fact, 905 00:46:00,135 --> 00:46:04,594 they didn't say anything negative to anybody. 906 00:46:04,639 --> 00:46:09,268 Neurosurgery is a big moneymaker. 907 00:46:09,309 --> 00:46:11,980 Do you think the corporate level of the hospital 908 00:46:12,021 --> 00:46:14,731 was more interested in making money 909 00:46:14,773 --> 00:46:16,994 than in protecting their patients? 910 00:46:26,661 --> 00:46:29,041 Yes, I do. 911 00:46:29,079 --> 00:46:32,500 I think everyone was more interested in making money 912 00:46:32,541 --> 00:46:34,251 and protecting themselves 913 00:46:34,293 --> 00:46:37,804 rather than protecting their patients. 914 00:46:41,717 --> 00:46:44,757 - Thank you for the truth, Dr. Henderson. 915 00:46:44,804 --> 00:46:47,103 No more questions. 916 00:46:47,139 --> 00:46:50,309 - I'd like to add something. 917 00:46:50,351 --> 00:46:52,442 - Redirect. 918 00:46:52,478 --> 00:46:55,978 Anything you'd like to add? 919 00:46:56,023 --> 00:46:59,443 - Everyone knows the first tenet 920 00:46:59,485 --> 00:47:02,985 of the Hippocratic Oath, "First, do no harm". 921 00:47:04,032 --> 00:47:06,952 But there are others. 922 00:47:06,992 --> 00:47:10,293 "I will respect the hard-won scientific gains 923 00:47:10,329 --> 00:47:14,539 of the physicians in whose steps I've walked." 924 00:47:14,583 --> 00:47:16,043 He did not. 925 00:47:16,085 --> 00:47:18,626 "I will apply, for the benefit of the sick, 926 00:47:18,672 --> 00:47:20,762 "all majors which are required, 927 00:47:20,798 --> 00:47:24,548 "avoiding those twin traps of overtreatment 928 00:47:24,594 --> 00:47:26,514 and therapeutic nihilism." 929 00:47:26,554 --> 00:47:28,313 He did not. 930 00:47:28,347 --> 00:47:31,057 "I will not be ashamed to say I know not, 931 00:47:31,101 --> 00:47:33,731 "nor will I fail to call them my colleagues 932 00:47:33,769 --> 00:47:36,110 "when the skills of another are needed 933 00:47:36,146 --> 00:47:39,686 for a patient's recovery." 934 00:47:39,733 --> 00:47:42,864 He did not. 935 00:47:42,903 --> 00:47:47,744 Had I performed any of the 33 surgeries 936 00:47:47,784 --> 00:47:49,623 in the manner that he performed them, 937 00:47:49,661 --> 00:47:51,710 I never would have allowed myself 938 00:47:51,746 --> 00:47:56,166 into an operating room again. 939 00:47:56,208 --> 00:47:59,958 Any one of them. 940 00:48:00,005 --> 00:48:03,255 Not ever again. 941 00:48:17,981 --> 00:48:19,271 - The State flooded you 942 00:48:19,315 --> 00:48:21,355 with every possible patient they could, 943 00:48:21,400 --> 00:48:25,110 but Madeline Beyer's case is the case the State chose 944 00:48:25,155 --> 00:48:28,195 to go to trial on, so let's focus there. 945 00:48:28,240 --> 00:48:31,240 Now, according to the state, Dr. Duntsch didn't head 946 00:48:31,286 --> 00:48:34,456 into Madeline Beyer's surgery to fix her... 947 00:48:34,496 --> 00:48:36,327 He wanted to hurt her... 948 00:48:36,373 --> 00:48:38,963 But that's not what the evidence shows. 949 00:48:39,001 --> 00:48:44,672 The evidence shows he was a suboptimal surgeon. 950 00:48:45,257 --> 00:48:47,507 Now, are we trying to blame the hospitals? 951 00:48:47,552 --> 00:48:48,762 No. 952 00:48:48,802 --> 00:48:50,313 Are we trying to blame Dr. Skadden? 953 00:48:50,347 --> 00:48:52,927 No, but the State asked time and time again, 954 00:48:52,974 --> 00:48:57,063 what would a well-trained surgeon do? 955 00:48:57,103 --> 00:48:59,063 I mean, what did Dr. Henderson tell you? 956 00:48:59,105 --> 00:49:01,894 He got on the phone, called Skadden, and said, 957 00:49:01,940 --> 00:49:03,440 "Hey, we got this guy here. 958 00:49:03,485 --> 00:49:06,394 "It says he graduated from your medical school, 959 00:49:06,445 --> 00:49:07,856 "went to your fellowship, 960 00:49:07,905 --> 00:49:10,405 and I need you to stop recommending him." 961 00:49:10,449 --> 00:49:15,119 And Skadden replied, "Yes, he did train at my fellowship. 962 00:49:15,163 --> 00:49:18,043 But I don't know what to do." 963 00:49:18,083 --> 00:49:20,342 Because Skadden has figured out, 964 00:49:20,376 --> 00:49:23,586 "I screwed up. I let him out." 965 00:49:23,630 --> 00:49:25,219 I mean, Jerry Summers told you, 966 00:49:25,255 --> 00:49:30,215 he let him out of surgeries in order to do research. 967 00:49:30,260 --> 00:49:33,811 Now, you don't get to punish Dr. Skadden. 968 00:49:33,847 --> 00:49:35,927 You don't get to punish Baylor. 969 00:49:35,974 --> 00:49:38,014 You don't get to punish Dallas Medical, 970 00:49:38,061 --> 00:49:41,440 but you have the right to know what they didn't do. 971 00:49:41,481 --> 00:49:44,530 They didn't report him. 972 00:49:44,567 --> 00:49:46,277 They didn't challenge him. 973 00:49:46,318 --> 00:49:48,449 They didn't tell him that he was 974 00:49:48,487 --> 00:49:53,447 a suboptimal surgeon who needs to find other work. 975 00:49:53,492 --> 00:49:56,452 If you're a teacher and the children don't do well, 976 00:49:56,496 --> 00:50:00,416 your principal tells you you're a suboptimal teacher. 977 00:50:00,458 --> 00:50:02,088 If you're a mechanic 978 00:50:02,126 --> 00:50:04,376 and the cars you're working on keep breaking down, 979 00:50:04,420 --> 00:50:07,260 you're told you're a suboptimal mechanic. 980 00:50:07,297 --> 00:50:11,547 If you're a pilot and you can't land, 981 00:50:11,594 --> 00:50:15,143 well, you're told you can't do this anymore. 982 00:50:15,181 --> 00:50:17,981 Well, Baylor does the opposite. 983 00:50:18,018 --> 00:50:21,057 They allow him to resign. 984 00:50:21,103 --> 00:50:22,903 And then they send a clearing letter 985 00:50:22,938 --> 00:50:24,018 to Dallas Medical, 986 00:50:24,065 --> 00:50:26,434 who hires him and then watches 987 00:50:26,483 --> 00:50:29,574 as three surgeries in as many days go bad. 988 00:50:29,612 --> 00:50:31,492 And what do they do? 989 00:50:31,530 --> 00:50:34,201 Nothing. 990 00:50:34,242 --> 00:50:35,911 They don't report him 991 00:50:35,952 --> 00:50:38,621 to the National Practitioner's Data Bank 992 00:50:38,663 --> 00:50:40,373 or the Texas Medical Board. 993 00:50:40,414 --> 00:50:46,914 They allow this poorly-trained suboptimal surgeon to move on. 994 00:50:49,173 --> 00:50:53,184 The system broke down from the very beginning. 995 00:50:54,219 --> 00:50:57,059 Now, I don't envy your jobs. 996 00:50:57,097 --> 00:50:59,097 Both sides have their own perceptions 997 00:50:59,141 --> 00:51:01,192 of... of what happened, 998 00:51:01,226 --> 00:51:05,016 but you're the sole judges of the facts. 999 00:51:05,065 --> 00:51:07,855 Render your verdict according to the law, 1000 00:51:07,900 --> 00:51:09,440 not according to emotions 1001 00:51:09,485 --> 00:51:12,275 or sympathies or sending a message. 1002 00:51:12,322 --> 00:51:14,992 It's about whether or not the State has proven to you 1003 00:51:15,032 --> 00:51:18,083 that a crime was committed. 1004 00:51:18,119 --> 00:51:21,159 It was a failure. 1005 00:51:22,331 --> 00:51:25,711 It was a human failure, 1006 00:51:25,751 --> 00:51:31,632 a systemic failure, 1007 00:51:31,675 --> 00:51:34,335 but it wasn't a crime. 1008 00:51:35,762 --> 00:51:38,811 - On July 25th, 2012, 1009 00:51:38,847 --> 00:51:42,557 Christopher Duntsch went into surgery with Madeline Beyer, 1010 00:51:42,601 --> 00:51:44,061 an elderly individual. 1011 00:51:44,103 --> 00:51:46,653 He crippled her. 1012 00:51:46,690 --> 00:51:50,530 Pedicle screws, drilled and redrilled. 1013 00:51:50,568 --> 00:51:54,947 Nerves shredded. Leaking dural sacs. 1014 00:51:54,989 --> 00:51:57,579 Muscles hacked into. 1015 00:51:57,617 --> 00:52:00,036 These things happened. 1016 00:52:00,077 --> 00:52:03,538 But was it intentional? 1017 00:52:03,581 --> 00:52:06,710 How do you know what he intended? 1018 00:52:06,751 --> 00:52:12,380 You look at what he does before, during, and after. 1019 00:52:12,423 --> 00:52:15,974 He lied, about "this is normal pain." 1020 00:52:16,010 --> 00:52:18,101 "This is something new. 1021 00:52:18,137 --> 00:52:20,347 "I didn't do this to you. 1022 00:52:20,389 --> 00:52:22,730 "It's simply swelling, Jerry. 1023 00:52:22,766 --> 00:52:25,226 "Surgery went fine, Madeline. 1024 00:52:25,269 --> 00:52:27,480 "It's the surgical team's fault. 1025 00:52:27,521 --> 00:52:32,072 Your wives are dead, Earl, Harold." 1026 00:52:34,820 --> 00:52:37,371 Look at them. 1027 00:52:37,407 --> 00:52:42,367 Look at the faces of the lives that were ruined. 1028 00:52:42,411 --> 00:52:45,251 We didn't bring them to you to have you convict him 1029 00:52:45,289 --> 00:52:47,460 based on sympathy. 1030 00:52:47,500 --> 00:52:50,300 We bring them to you so that you can know 1031 00:52:50,336 --> 00:52:53,876 everything the defendant knew. 1032 00:52:53,922 --> 00:52:56,302 How many patients should it take 1033 00:52:56,342 --> 00:53:00,563 before you know that what you're doing is hurting people? 1034 00:53:01,806 --> 00:53:08,556 One, two, three? 1035 00:53:09,063 --> 00:53:12,614 You make your best friend a quadriplegic? 1036 00:53:12,650 --> 00:53:17,659 Four, you kill? Five, you kill? 1037 00:53:17,697 --> 00:53:19,817 Should I list all 33? 1038 00:53:19,865 --> 00:53:23,235 I want to call them tragedies, 1039 00:53:23,286 --> 00:53:27,826 but that implies no one could have seen them coming. 1040 00:53:27,873 --> 00:53:30,793 These were assaults. 1041 00:53:30,835 --> 00:53:34,664 We're here talking about Madeline Beyer. 1042 00:53:34,713 --> 00:53:38,474 I know you don't have a doubt that when Christopher Duntsch 1043 00:53:38,510 --> 00:53:40,389 went into Madeline Beyer's surgery, 1044 00:53:40,427 --> 00:53:45,137 he was reasonably certain he was going to hurt her. 1045 00:53:45,182 --> 00:53:47,143 That's the standard of knowing. 1046 00:53:47,184 --> 00:53:50,434 Not that you know 100%, 1047 00:53:50,480 --> 00:53:53,610 but that you're reasonably certain. 1048 00:53:53,650 --> 00:53:57,949 The defense is implying it was his training. 1049 00:53:57,987 --> 00:54:00,447 He was trained for 17 years 1050 00:54:00,489 --> 00:54:03,280 prior to operating on Mrs. Beyer. 1051 00:54:03,326 --> 00:54:05,405 Trained at the University of Tennessee. 1052 00:54:05,452 --> 00:54:07,753 Trained at Semmes-Murphey. 1053 00:54:07,789 --> 00:54:09,708 Institutions with doctors 1054 00:54:09,748 --> 00:54:12,668 who would not put their reputations on the line 1055 00:54:12,710 --> 00:54:16,800 by recommending a poorly trained surgeon. 1056 00:54:19,717 --> 00:54:24,257 Don't blame his training. Blame him. 1057 00:54:24,304 --> 00:54:28,135 Don't blame the system. Blame him. 1058 00:54:28,184 --> 00:54:32,523 He went into all those operations. 1059 00:54:32,563 --> 00:54:36,614 He put the scalpels to those patients' backs. 1060 00:54:36,650 --> 00:54:40,610 He kept going. 1061 00:54:40,655 --> 00:54:44,114 All these people. 1062 00:54:44,159 --> 00:54:47,539 If you're a human who values life, 1063 00:54:47,579 --> 00:54:51,119 who understands suffering... 1064 00:54:51,166 --> 00:54:53,626 You heard Dr. Henderson. 1065 00:54:53,668 --> 00:54:56,757 One botched surgery, just one, 1066 00:54:56,795 --> 00:55:01,626 and he never would have entered the operating room ever again. 1067 00:55:02,469 --> 00:55:05,599 If you don't stop him, 1068 00:55:05,637 --> 00:55:10,018 Christopher Duntsch will leave this courthouse, 1069 00:55:10,059 --> 00:55:13,440 leave this city, this state, 1070 00:55:13,480 --> 00:55:16,780 maybe even this country, 1071 00:55:16,815 --> 00:55:19,646 and he will find a corner of the world 1072 00:55:19,693 --> 00:55:24,574 that allows him to continue hurting people. 1073 00:55:27,117 --> 00:55:32,077 Only you can tell him no more. 1074 00:55:39,297 --> 00:55:41,166 - They don't understand. 1075 00:55:42,842 --> 00:55:46,141 All I wanna do is go back to my research. 1076 00:55:46,179 --> 00:55:47,849 You gotta tell 'em, Dad. 1077 00:55:47,889 --> 00:55:51,268 I will never practice surgery again. 1078 00:55:51,309 --> 00:55:54,018 If they let me, I can still do good. 1079 00:55:54,061 --> 00:55:55,271 I can still help. 1080 00:55:55,313 --> 00:55:58,112 - Just stop, okay? 1081 00:55:58,148 --> 00:55:59,858 It's time to stop. 1082 00:56:07,449 --> 00:56:11,409 We had these hardwood floors when you were little. 1083 00:56:13,039 --> 00:56:15,708 Active, always active. 1084 00:56:15,750 --> 00:56:18,340 So energetic. 1085 00:56:18,378 --> 00:56:20,708 You were so strong. 1086 00:56:20,755 --> 00:56:24,425 You would push the furniture around across these floors. 1087 00:56:26,094 --> 00:56:29,393 You never played with toys. It was always the furniture. 1088 00:56:30,597 --> 00:56:32,677 And how many times did I ask you 1089 00:56:32,726 --> 00:56:36,476 to stop it with the furniture? 1090 00:56:36,521 --> 00:56:38,771 But you wouldn't stop. 1091 00:56:40,400 --> 00:56:42,900 You wouldn't stop. 1092 00:56:45,989 --> 00:56:50,869 Maybe jail's the best thing for you, my boy. 1093 00:56:57,791 --> 00:57:00,751 - You were less dull than I thought you'd be. 1094 00:57:03,088 --> 00:57:05,048 - You're too kind, Randy. 1095 00:57:05,090 --> 00:57:09,351 - Probably blown the whole case, but nice job. 1096 00:57:12,931 --> 00:57:17,692 - We could have done more. We should have done it more. 1097 00:57:17,728 --> 00:57:20,608 This is gonna happen again, you know. 1098 00:57:20,648 --> 00:57:23,398 - Suppose we could do something. 1099 00:57:23,443 --> 00:57:26,492 - I suppose we should. 1100 00:57:26,528 --> 00:57:28,489 - Jury's back. 1101 00:57:28,530 --> 00:57:31,161 - All right, well, we got time for some hoops. 1102 00:57:31,201 --> 00:57:33,831 I wish. 1103 00:57:33,869 --> 00:57:37,579 - We gonna win? 1104 00:57:42,295 --> 00:57:45,465 - I don't know. 1105 00:57:50,969 --> 00:57:54,809 - I'm sorry. 1106 00:57:54,849 --> 00:57:57,889 - You did great.