Friday of the First Week of Lent
My superhero
name in our department is Captain Lemonade. I can make lemonade out almost any
lemons thrown in my direction. And some days offer more opportunity than
others.
As I write this
reflection, I am in the course in my second Federal trial. I am being sued by a
former patient of mine—a former inmate of the Saint Louis County Jail. I’m
defending myself again charges that I was deliberately indifferent to the
health care needs of the plaintiff while he was incarcerated and under my care.
This is one of the biggest nightmares for any physician—being called to court
on charges of malpractice or deliberate indifference.
But, this is not
why we go to medical school. This is not why we get up in the morning to go to
work. To have our character and our life’s work questioned is
hurtful—regardless of how ridiculous the claim. And we know that when we enter
court, our intentions, our work and our reputations become the focus of games
of semantics and documentation.
So I certainly
found it ironic that today’s readings speak to black and white, iniquities and
righteousness, courtrooms and altars. These are topics and locations of high
drama and judgment. However, a careful reading points us to an emphasis of what
happens prior to judgment—not to the judgment itself.
The real work,
at least for the defendant in a med-mal case, is not in the courtroom drama; it
is in the hours of preparation, of examining documents, of providing depositions,
and perhaps most importantly, of examining one’s conscience and one’s actions
regarding motivation, treatment and possibility of oversight or bias.
This is my second time to Federal Court. Again, I have been
forced to reflect and reevaluate my devotion to underserved care and
incarcerated populations. I fully expect the jury will rule in my favor once
again. And despite the fact that this has cost me scores of hours of time and
cost SLU thousands of dollars in legal fees, good will come of it.
In this process of reflections and action, I been become
more articulate in communicating my professional mission in clinical care and
integrating this mission into my teaching and writing. I have renewed my
commitment to serve as an expert defense witness for medical providers put in
my situation. And I have vowed to discuss possibilities for reform in Criminal
Justice and Correctional Health Care with our School of Law and School for
Public Health and Social Justice.
Ezekiel, the Psalmist and Jesus agree on a point of
justice—don’t play. Be consistent in living your values. Have integrity. Avoid
unnecessary drama. Live lives of truth in your thoughts and actions.
And I’ll continue to try to do the same. And while I can’t
control what lemons get thrown my way, I can maintain the practice of
reflection and action. And keep making lemonade.
Fred
Rottnek, MD, MAHCM
Director
of Corrections Medicine, Saint Louis County Department of Health
Associate
Professor and Director of Community Medicine, Saint Louis University
BTW:
All verdicts came back in my favor, and I’m back at work.
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