04x10 - A Question of Death

[bunniefuu]

Who is it that pulled the
plug on Jack? Was it you?

Everything we did was done
within the laws of this state.

How can you say he was
dead if his organs were alive?

Is it your policy here to sell
medical aid to the highest bidder?

Of course not. How dare you.

Then how come a
multi-millionaire got that kidney

when somebody else
needed it more desperately?

Quincy, you can't do the autopsy on
Jack Murphy. You can't go near the body.

Why not?

They're saying
you k*lled their son.

We've got a motorcycle
accident victim.

Subject male.

The pulse is very weak.

Pupils are dilated and sluggish.

His respiratory functions
are irregular and weakening.

We're on our way in, but you may
have to pronounce him when we get there.

I wonder if he's got
a MedicAlert card.

Well, what do you know.

On that motorcycle victim.

He's got a uniform
organ donor sticker.

- Oh, hello.
- Oh hi Dr. Quincy

What's the matter,
the machine's broken?

No, I'm trying to
get channel 28.

- I don't believe it.
- What's the matter?

-Blacks, prints, plaids, -What, are
you going to narrate my laundry?

And I'll bet you're
gonna use hot water?

- Doesn't everybody?
- Not unless you
want rainbow underwear.

Dr. Quincy, you're
gonna have to use cold

water, and I'll get
you the right detergent.

Have a piece of cake, Doctor. My
daughter had a baby boy yesterday.

Nine pounds.

Congratulations, Mrs. Tippett.
Nine pounds? How's your ear feeling?

That medecine you gave me was terrific.
I've got twenty-twenty hearing now.

Listen, I've only got half a load.
Would you like to share my machine?

Only if that mean we're engaged.

No, I've got a full load.

What's that?

My pacemaker.

Hello, is Doctor Astin there?

What's the matter? Can't
I do my laundry in peace?

Your laundry? Quincy...

Doctor Monroe called
from Doctors' Hospital.

There's a probable D.O.A. on the way
who could be a potential organ donor,

and they need someone
from our office right away.

I'll be right there.

Will you do me a
favor? I have a buck.

Take care of my laundry.

Oh, and fold the t-shirts
neatly, would you?

Fold the t-shirts neatly.

His name was Jack
Murphy, age 21.

A U.C.L.A. student
on his way to class...

- What happened?
- A stalled car was
blocking the lane of traffic,

he's on a motorcycle.

Just one of those things where
nobody's really responsible.

- He wasn't wearing a helmet?
- No.

Emergency did
everything they could,

but it was all over the
minute he hit the pavement.

With a helmet he might
have had a chance.

When is this state
going to pass a law?

His E.E.G. is flat.

The brain stem's putting
out some minimal activity,

but the cortex
practically nothing.

Pupils dilated and
fixed... No reflexes...

No spontaneous respiration.

He's clinically dead.

The respirator's all
that's keeping him going.

There was nothing on the drug screen
that could have produced a flat E.E.G.?

Nope. No dr*gs. His barb
level was clean as a whistle.

Has the next of
kin been notified?

Yeah, they were notified.

The police brought them
in and we talked to them.

They signed a consent.

Two doctors have already
certified him as dead for transplant

in accordance with the law.

All we need is the
coroner's consent.

And you know what time
means in these matters.

Twenty-one years old.

As soon as we
get the tissue type,

we'll know which patients
are compatible for a transplant.

I think we've got at
least one usable kidney.

- Doctor Monroe.
- Yeah.

The typing is complete.

His blood type is A.

His tissue type
11, 33, 13 and 22.

Of the four possible recipients,
three have clean cross-matches.

Here's our best match.

Andrew Corey. That's terrific.

Tell Doctor Spencer he can
prep the donor for organ removal.

Tell him right now.

- Yes.
- Hello.

I think I have
something for you.

I'm on my way.

So Andrew Corey has been a
difficult antigen match until now.

He's been on
dialysis for six years.

In the last two, his tolerance
has been decreasing.

We're running
out of access sites,

we can no longer
stabilize his blood pressure.

Now here's a guy
who needs a kidney.

Andy, Joan.

Andy and Joan Corey, I'd
like you to meet Doctor Quincy

from the medical
examiner's office.

- Hello.
- How you do?

I hope you're here
to give, not to take.

I think Doctor
Monroe should tell you.

Andy, I think we've
finally gotten a break.

A kidney that matches your
tissue type has become available,

and Doctor Spencer should be
prepping you for surgery in a few hours.

My God.

I can hardly believe it.

You mean this monster
will finally let me go?

Yeah.

I can't wait to tell the kids.

They want you home so much.

Oh, God.

It'll be so good to
be a real father again.

The medication has so
lowered my resistance

that the last time Jenny,

my daughter, had a cold,

she wasn't even allowed
anywhere near me.

Even the common cold
becomes a major complication.

And maybe

I can be more of real
husband again, too.

You don't know
what this means to us.

I'm getting an idea.

Really, we want to thank
you so much. We both do.

We're all in this together.

Just pay attention
to getting well.

And I'll see you after
the operation, okay?

Could I even eat
bananas and potato chips?

You could eat bananas and potato
chips. You could also die from the sodium

and potassium levels.

It was nice to meet you.

Gonzalo, you are wanted
in the maintenance room.

Gonzalo, please come
to the maintenance room.

Mr. Murphy, Mrs. Murphy.

I'm glad I caught you in time.

I heard about your
son's tragic accident.

My name is Raymond Morrison.

I'm an attorney,

and I think there are some things you
should know about your son's death.

Doctor Quincy, did you
inspect the right kidney

and witness that its removal will
not break the chain of evidence?

It's apparent that the
right kidney is free of injury,

and was in no way involved
in the cause of death.

And we can proceed
with the transplantations?

- Yes.
- All right.

Get ready to clamp the aorta.

Doctor Astin, please. Hi.

Mission accomplished.

We removed one healthy kidney

from the accident victim, and it's
being prepped for transplantation.

Everything went fine.

I'm just going to have a
coffee and I'll see ya later.

Okay, bye.

- Doctor Quincy.
- Yeah.

I'm Raymond Morrison.

Yeah...

You were lawyer
on the Millard case?

Yes. Gross malpractice.

Malpractice? That was a loophole
that doctor could have fallen into.

My concern was the legalities,
the jury agreed with me.

And in the process a fine
doctor was financially ruined.

I'm not here to discuss past
cases doctor, but present ones.

I'm referring to my clients,
Mr. and Mrs. Murphy.

Your clients!

Yes. They engaged me on
their case a short time ago.

How do you guys
find out so soon?

What business could you
possibly have in the Murphy case?

Did you just approve the removal
of a kidney from Jack Murphy?

Yes, but we have
the parents' consent.

Do you really consider
that consent valid?

I mean, imagine the state
of Mr. and Mrs. Murphy,

traumatized by the
news of the accident.

They were confused, and their
judgment might not have been reliable.

And you failed to
give them all the facts.

Look, why are you making this any
harder for his parents than it already is?

First of all, the boy was over
eighteen and had a donor authorization.

Secondly, his parents
gave their signed consent.

Which they gave because
they believed he was dead.

But did you explain that you
were going to pull the plug on him

once they signed
that consent form?

Everything we did was done
within the laws of this state.

Why don't you tell that
to the boy's parents?

Mr. Murphy, Mrs. Murphy,
I'm sorry about your son.

It's a terrible tragedy.

But you have to believe
that the doctors in this hospital

told you the absolute
truth about his condition.

Isn't it true that Jack was
on a life support system?

- That he had
a heartbeat and respiration?
- Is that true, Doctor?

Your son was brought here dead.

There was nothing anybody
could do to revive him.

His brain had
stopped functioning

but because of the donor sticker, his
lungs were kept going mechanically,

which kept his heart functioning

but only to sustain
the other organs.

But how can you say he was
dead if his organs were alive?

Not all organs die at the same time when
the brain or the heart stops functioning.

Some live on for hours after the
body meets the criteria for death.

But his brain, the thing that made
your son what he was, was dead.

Tell me, Doctor, who was it that
pulled the plug on Jack? Was it you?

Believe me, no one is sorrier than we
are when something like this happens.

If your son could
have been kept alive,

there isn't anyone
in this hospital

who wouldn't have worked
through the night to try to save him.

But I'm sorry, he was dead.

And no reputable lawyer in this country
would morally or legally contest that.

Contusions and lacerations to
the scalp indicate head trauma.

Skin lacerations on
elbows, knees, and hands.

Bruising in lower abdominal
region from impact with pavement.

- You ready, Sam?
- Yeah.

Quincy, stop! I'm glad
I caught you in time.

Sam, put the body
back in storage

someone else
will do the autopsy.

But I'm doing the autopsy!

Quincy, you can't do the
autopsy on Jack Murphy.

You can't go near the body.

Why not?

Because the family has instituted a
multi-million dollar damage lawsuit

against the hospital, this department,
and everyone involved in the transplant.

On what grounds?

Wrongful death.

And they're citing you
for criminal negligence.

Hold the folder, Sam.

They're saying that
you k*lled their son.

This is a switch, you
pacing instead of me.

You're gonna wear
a hole in the rug.

Stop picking on me,
I've got enough trouble.

I'm telling you, that shyster
doesn't have a leg to stand on.

I know we didn't
do anything wrong.

Knowing it and proving
it are two different things.

You think medical determinations
are tricky, you haven't seen legal ones.

- Yes?
- Mr. Block is here to see you.

Fine, fine. Have him come in.

Let's have the
meeting over here.

Martin, it's good
of you to come.

Doctor Quincy,
this is Martin Block,

the attorney who will be
representing us in this case.

- Hi. I hope this
will be an easy one.
- They never are.

Dr. Astin has filled me in
with some of the details.

But I'm gonna need a lot more information
to adequately prepare this case.

Gentlemen, this recording is for me. As you
get a older, your memory isn't as sharp.

Now, as I understand it,

your department has a
program of participation

in transplant cases like this.

Now what is your purpose

of your involvement, and the
extent of your participation?

When a potential organ donor dies, the law
may require that an autopsy be performed.

But an autopsy isn't a sterile procedure,
and sometimes takes quite a while.

Especially around here.

I'm sorry.

The point is, after the autopsy,
the internal organs are useless

because of contamination
and time delay.

Transplants have to be
done as soon as possible.

Every moment counts in helping to
make sure the organ survives in a new body.

We send a representative over
to witness and testify if necessary,

that the transplant procedure has
nothing to do with the cause of death.

Then, after the transplant
procedure, we do the post-mortem.

And there was
no reason to delay.

That boy was dead,
without a question.

Medically, maybe, but not
necessarily from a legal standpoint.

We're on tricky ground here.

The family's charging
you with jumping the g*n

and cut it a little too
close in determining death.

Which definition of death do you
mean? Heart death? Brain death?

Respiratory death?
Religious death?

I can give you a
dozen different ones.

In that respect, Ray Morrison
is your biggest obstacle.

Listen, he's a very
bright young man.

He's made a specialty
of cases like this.

He can turn a simple
appendectomy into a malpractice suit.

We didn't do anything that
doctors all over the country don't do.

Every day they routinely
decide to pull the plug,

or withhold treatment
from the terminal patients.

But not to remove
organs for transplant.

What's that got to do with it?

Any motive makes routine
medical practice look suspect.

Now that's why they
think they've got a case.

And that's why they're suing.

The last thing we need is a suit that
could take months or years to resolve.

You might want to consider
making a quiet settlement.

What?

And give in to
that extortionist!

Not when we were
right. And we can prove it.

That might not be so easy.

Your whole defense
is complicated further

by the charge of collusion and
conspiracy to obtain that kidney.

What are you talking about?

I'd save the best for last.

He means the allegation
that you and Doctor Monroe

were anxious to get the kidney
for financial considerations.

Financial considerations?

That's ridiculous.

How could helping a young father

who's in hock up to his
ears constitute financial gain?

Are we talking
about the same case?

Yeah, Andrew Corey, the
one who is the recipient.

There must be some confusion.

The man who received the
kidney was Paul Cummings.

Cummings? You mean the real
estate king who owns half of the Valley?

That's right. The same Paul Cummings
who serves on the board of that hospital.

Holy...

You really didn't know, did you?

There seems to be an
awful lot I don't know.

What happened? I
thought it was all set?

So did I. But our administrator,
Doctor Peterson pulled a fast one on us

and had Cummings
prepped for the transplant.

By the time he got to the O.R.,
what were we supposed to do?

We give Cummings the
kidney or we can waste it.

How can he do that? There's a priority
system that's supposed to be observed.

And Corey was the closest match.

Sure he was. But it didn't mean
as much as Cummings' influence.

And Peterson can do
anything he wants here.

We'll see about that...

How could you do such a thing?

It's entirely within my authority
as administrator of this hospital.

Is it your policy here to sell
medical aid to the highest bidder?

Of course not. How dare you.

Then how come a
multi-millionaire got that kidney

when somebody else
needed it more desperately?

What do you think you're doing,
barging in here and shouting accusations?

- I want some answers.
- I'm not answerable to you.

It looks like you aren't
answerable to anyone, are you?

Well, let's see what the
newspapers have to say about that.

Look, they were both
basically the same tissue type.

Both had urgent need, and
approximately the same chance of survival.

It was a tough decision,
and I had to make it.

Sure, and Cummings'
millions tipped the balance.

Doctor Quincy,

you don't understand the problems
of running a large hospital like this.

We can't keep going on just the fees from
patients and grants from the government.

Private donations are essential for
any hospital to continue functioning today.

And that justifies giving
preferential treatment

to anyone who can make a
large tax-deductible contribution?

The name of this hospital is
Doctors' Hospital, not Utopia.

Wake up, Doctor Quincy. We live
in a real world that isn't always fair.

Mr. Cummings has donated over a million
dollars to the wing that he's in now.

Why don't you come right out
and say he's in his own wing?

Do you know how many other
people are in that wing too?

How many people whose
lives have been helped?

I have to weigh what's
best for everyone here,

not just a single patient.

So you play God and decide
who shall live and who shall die.

Come off it.

You know that every doctor
has to to some degree.

Yeah, but we shouldn't let the bank
balance make that decision for us.

The other patient
still has a chance.

Andrew Corey.

And a much smaller
chance, thanks to you.

Hi.

- What happened?
- Nothing.

I got a lecture on
hospital administration.

Did you tell him yet?

Tell him what?

I've been trying to work up
to it, but I just can't face him.

I'm as close to this thing as you
are. You want me to do it for you?

You're a better man
than I am, Quincy.

Thank you.

Hello.

- Doctor...
- Mrs. Corey.

Well, Doctor Quincy, I thought
I'd be a new man by now.

Level with me.

Did they decide I wasn't
a good enough risk?

No, of course not.

But sometimes there are last minute
changes that are beyond our control.

How long do you think it will be
before there's another kidney available?

That's hard to say.

We'll do everything in our power
to get one as soon as possible.

I waited so long already.

I don't know how much
longer I can take this.

Andrew, don't talk like that.

I give you my word.

I've heard that once before.

Doctor Quincy.

- I'm sorry about
the disappointment.
- It's not your fault.

Doctor Monroe explained to me
why Andy didn't get that kidney.

- You didn't tell him, did you?
- No, of course not.

I'm doing everything possible
to arrange for another operation.

We know you're doing your best.

You're quite a
lady, you know that?

You know what?

We'll find a kidney if I personally
have to call every hospital in the country.

What's the matter?
Did you get burned?

Yeah, and not
just by the coffee.

That poor guy.

It's like tossing a life
preserver to a drowning man,

then snatching it away
when he grabs for it.

You couldn't do
anything about it, Quince.

It doesn't matter. The
bottom line's the same.

Corey's going to die if he
doesn't get another kidney.

- He's that bad?
- Uh-huh.

Dialysis is only a
stopgap measure for him.

Some patients
can take it for years,

but others don't tolerate
it well indefinitely,

and the clock runs out for them.

What else can anyone
do now but wait?

There's got to be something.

The thing I can't stand most
of all is being so impotent.

This isn't going to help either.

Come on, I've got to show you.

'To all department personnel,
please be advised that as of this date,

the coroner's office is canceling its
program of participation and cooperation

as witnesses in organ
donor transplant cases...'

What is this? What does he
mean by canceling the program?

He said that it's an
official department

order, and that there
will be no exceptions.

Well, we'll just have to
see about that, won't we?

What's the meaning of this?

Exactly what it says.

You know what that program means. You
were the one who originally approved it.

The lawsuit upset
the county board,

and they ordered us to stay
out of all transplant procedures.

But they can't do that.

This sets us back ten years to when when
our department didn't get involved in it.

Do they know how many
more people are going to die?

How many more organs are
gonna go to waste because of this?

I feel this same way about this.

But I don't blame them for not wanting
to take a chance with a suit like this.

But the case has
got to go our way.

The collusion and conspiracy angle will be
resolved when Peterson gets on the stand.

As for the rest of it, the evidence
will show the boy was dead.

Quincy, Quincy, Quincy,
you still don't understand?

Now listen, good Doctor,

It may not have anything to
do with our being in the right.

People and jurors
want to do what's right.

And jurors are awarding
outrageous sums these days.

We're in trouble.

We've been advised again by
our attorney to settle out of court

and we're seriously
considering it.

I don't believe
what I'm hearing.

You mean you're going to let
that gouger win on technicalities?

We can't afford to be the social
crusaders who put it to the test.

But if we settle, it'll
be a terrible precedent.

Doctors and hospitals everywhere
will be even more cautious

about doing transplants for
fear of running the same risk.

And what if we lose?

Have you thought
of that precedent?

Let alone what it would do to
the hospital and to this department.

That's why we have to build
the strongest case we can.

If I could only do the
autopsy on the Murphy boy.

You can't go near that body.

I'm sure we'd find undeniable
signs of brain death.

You really believe we
might find something?

Well then, all is not lost.

The family's retained an independent
pathologist to participate in the autopsy.

We might find something.

I'll be officially
representing the department.

When is it going to take place?

Later this afternoon.

Non-depressed linear fracture
of the left frontal parietal region...

Well, if your
Dr. Quincy was right,

I would have expected
to see a lot more bruising

and more severe
damage to the brain.

There are some
patchy contusions,

but no signs of massive edema,

which should have been present
if this were a case of brain death.

There's no hemorrhaging
in the ventricles,

and only a small accumulation
of blood from the brain lining.

It doesn't look like
brain death to me.

Sam...

I think we should order a
complete neuropath workup,

and histologic sections?

You can do them if you like, but
I've seen enough for my report.

I've dealt with cases
like this many times,

and I don't see how you could find
anything in the microscopic study

that would contradict what
we found in the autopsy.

But if you wish to
perform those tests,

and can prove me wrong,
I'll be the first to admit it.

- Nevertheless...
- If you'll excuse me,
I have a busy day.

- Well.
- What?

How'd it go in there?

Oh, he's very professional.

There wasn't
sufficient evidence to

conclusively prove
irreversible brain death.

Not enough evidence?

He may be right, too.
He's very good, Quincy.

But aren't you going to do a
complete neuropath workup?

Sure, but that will
take a couple of days.

And unless those
tests show otherwise,

there won't be any way to support
your claim that the boy was dead.

I heard about the trouble with the
transplant program at Doctors' Hospital.

That's why I need your help.

This computer has been
set up for that purpose.

It's a step in the
direction we all want to go.

We can tissue-match donors
to recipients in this region,

if their doctors or the hospitals give
us their appropriate blood samples.

What if a doctor in Seattle needs
an organ that's available in Maine?

If they're tied into one of the three
regional centers, they've got a chance.

A chance?

But that's like playing Russian
roulette with people's lives.

You pick a doctor and hospital
that aren't tied with the system,

you might not get
the organ you need.

Unfortunately,
that's the way it is.

We're trying to change it but
like everything, it takes time.

What was the tissue type that you
were trying to match for the patient?

Blood type A.

H.L.A. type: 11, 24, 13 and 22.

That's the rarest type.
It's not going to be easy.

There's nothing available now.

- Patient's name and hospital?
- Andrew Corey, Doctors'
Hospital.

Well, if anything shows up on
our computer, I'll let you know.

- Thank you very much.
- Okay, bye bye.

- Hi, how's it going?
- Good.

- Sam?
- Hi, Quince.

Any luck at the tissue center?

Not yet, but they're trying. Is this
the neuropath you're working on?

Yeah. Astin's ordered everything
else put aside, and assigned extra staff.

Are we talking about
the same Doctor Astin?

He's really trying to come
through for you, Quince.

I'll get it.

Hello. Oh, hi.

That's terrific.

Why not?

I'll give you more than moral
support, I'll be right over.

Bye.

- What's up?
- That was Doctor Monroe.

It's a miracle. They found another kidney
for Andy Corey, the same antigen pattern.

They've got the
donor at the hospital

and Peterson won't let
them do the transplant.

Tell Astin I'm going over
to the Doctors' Hospital.

I don't believe it.

What do you mean they
can't do another transplant?

Until this lawsuit is over, there
will be no more organs removed

from accident
victims in this hospital.

Doctor Peterson,

the donor is prepared, we've got
the consent, and we've got to act now.

We've been through this
already, Doctor Monroe.

And once is enough.

But you're condemning
Andrew Corey to death.

No, I'm not. I'm protecting this
hospital until the case is settled.

The one luxury we
don't have is time.

That body has had a catheter
placed in it to remove excretions,

and a catheter greatly
increases the risk of infection.

If you think I don't care and feel
for that young man, you're wrong.

But my decision must stand.

Then we'll take him to another
hospital where they aren't so scared.

Doctor Quincy! You don't
have the authority and I do.

I will not allow that
kidney to be removed.

Hi. How's the patient?

Not as well as I expected to be.

Don't talk like that.

You just listen to this lady and
concern yourself with getting better.

We made you a promise,
and we're going to keep it.

How's he doing?

Not well. The dialysis
isn't helping anymore,

and metabolic complications
of uremia are setting in.

How much longer does he have?

What do you want? Numbers?

A couple of weeks,
a couple of months.

- That gives us time.
- For what?

To go to the source.

You sure you don't want half
a sandwich, Doctor Quincy?

- You'd be doing me a favor.
- No, thanks.

That young man needs a
transplant operation desperately.

And now we've been lucky
enough to find another kidney.

- Then what's stopping you?
- You are.

You know you're working your
way into this on a technicality.

The Murphys gave
us their consent.

And they wouldn't be
suing now if it wasn't for you.

You waved the donor's authorization under
their nose noses, told them he was dead,

and gave them
one side of the story.

I only told them the other side.

And misled them, like the
worst kind of ambulance chaser.

Sticks and stones, Doctor
Quincy. My conscience is clear.

I've done nothing
illegal or immoral.

Don't you think it's immoral
preying on people's misfortunes?

Have you ever been
to a dialysis ward?

Do you know what kind
of suffering goes on there?

And you call yourself a lawyer.

All you do is exploit
loopholes in the law.

You have a very narrow
perspective, Doctor.

You can call me every name you
can think of: shyster, ambulance chaser,

vulture. I've been
called them before.

But no matter what you say,

society needs me and the
legal profession needs me.

If I bring suit on a technicality,
or what you call a loophole,

then it's up to the courts
to close that loophole.

We're the watchdogs,
and we watch closely.

Haven't you doctors got enough
power? What do you want?

Total freedom, total discretion?

Well, we're not
going to give it to you.

This is a perfectly
legitimate suit. If we're

wrong, the jury will
decide in your favor.

Quincy, stay away from that.

It's part of the formal autopsy, and
you can't have anything to do with it.

I was just looking.
Turn up anything yet?

Not yet. It'll be a while longer
before all the tests are done.

Come on, Quincy, go
back and do your laundry.

I just thought I'd stop by
and see how things are going.

They're going fine. Just fine.

This case has only backed
up our work load by two days.

Our storage room is full,

and there are about a dozen
unsigned death certificates.

Since everyting's running so
smoothly, I need to ask a favor.

Are you really listening to me?

I need a coroner's
inquest called right away.

Are you serious? Just like that?

- Morrison wouldn't
withdraw the suit?
- He wouldn't even consider it.

You went to see Morrison? Oh,
Quincy, how could ya do that to me?

Do you know what
this can do to our case?

That's why I want
a coroner's inquest.

I want to finish this
case once and for

all. It'll be dismissed
and not go to court.

It's too early. We
haven't finished the tests.

Look, the inquest has to determine
that a traffic accident caused the death.

I'm telling you, we would wind
if we had the inquest right away.

- Are you saying you're sure?
- I'm sure.

The last time we had an
inquest it took four days.

And that was a miraculous feat.

If you get onto it and pull a few
strings, we can have it in six hours.

Six hours? Quincy, you're crazy.

We need a hearing
officer, we need litigants...

If anybody could do it...

Oh, come on...

Ladies and gentlemen, you have
been summoned as prospective jurors

for the purpose of inquiring into the
circumstances surrounding the cause

of death of Jack Murphy.

The primary purpose of a coroner's
inquest is to obtain certain information

for the District Attorney and
other law enforcement agencies

who are charged with the
prosecution of criminal offenses.

If it is decided that criminal
action has taken place,

further legal action
will be ordered.

If it is decided that there are no
charges, the case will be dropped.

Is that clear to the
members of the jury?

- Sounds like a fair guy.
- He's the best, Quincy.

Now, Doctor Quincy, can you tell us what
the circumstances were when Jack Murphy

was declared dead
at Doctor's Hospital?

Jack Murphy was brought to the E.R. where
he experienced complete respiratory failure

The E.R. staff put him on a respirator
and transfered him to Intensive Care.

An E.E.G. was done and
brain death was determined.

Why was he put on a respirator?

Since he was carrying a
uniform Organ Donor sticker,

he was placed on a respirator
solely to keep his system functioning

and maintain the
life of the organs.

But there was no doubt
he was clinically dead,

and the organs wouldn't have been
able to survive without such assistance?

None whatsoever.

His brain cortex had
stopped functioning,

and his body hung in that gray
area between life and death.

So, in effect, you didn't cut short
actual life, but postponed clinical death.

Unfortunately there
isn't one simple definition.

Basically, death is usually considered
as the complete and irreversible

cessation of brain activity.

But there are other kinds of death which
might come before or after brain death.

You see, the body
isn't a single unit,

Doctor, I think it would be better
if you explained it to the jury.

The body isn't a single unit,
and it doesn't all die at once.

Some parts can last for hours or
days, while others perish more quickly.

Now, the brain isn't
a single organ either.

Its higher centers are the most
sensitive to oxygen deprivation,

and are the first to go,

although the motor functions of breathing,
and unconscious movements may occur

We could have kept Jack Murphy
going in that state a while longer.

But he wouldn't have been able to
see or hear, or think or understand

everything that we call living.

If the heart stops for
a short period of time,

it can be massaged or
electro-shocked and can start up again.

Respiration can be artificially sustained
to keep the heart and brain going.

But once the brain, which
controls all of these functions,

suffers from a lack of oxygen,
its cells die immediately.

After five minutes,
there are enough dead

cells to make the brain
irreversibly damaged.

In other words,

they lack the basic functions of
awareness, thought, consciousness.

Everything that makes
them a human being.

Thank you, Doctor Quincy.

- Counsel?
- I'll recall
the witness later.

You may step down, Dr. Quincy.

Now, I'd like to call Mrs.
Joan Corey to the stand.

I object.

If Mr. Block wants to call
Doctor Quincy or Doctor Monroe,

or anyone else directly related
to this case, that's one thing.

But to call Mrs. Corey
is an obvious emotional

ploy that has no
relevance to this case.

We know that Mrs. Corey and some
of the other witnesses we hope to call,

might not be considered relevant
under ordinary circumstances.

But this whole matter lies in an
area of the law that isn't black or white.

There are no firm, legal
precedents to go by.

We're on untried ground,

and the issues must go
beyond the specific facts

so that the jury can
be adequately informed.

Objection overruled. You may
call Mrs. Corey as a witness.

We tried to lead a normal life,

but Andrew became
increasingly ill,

and he had to spend all
his time in the hospital.

The doctors told us the only
hope was a kidney transplant,

since his tolerance to
dialysis was decreasing.

And what were the financial
burdens, Mrs. Corey?

About $30,000 dollars a year.

The government pays most of it,

but what's left over
has put us so far in debt,

I don't know how if
we'll ever pay it off.

As much as I sympathize
with the plight of Mrs. Corey,

might I ask what this has to do
with the death of Jack Murphy?

We're trying to establish
the climate of desperate need

in which such life and death
determinations are made.

You may proceed.

With 40,000 patients
across the country on dialysis,

that adds up to one
billion dollars a year.

If some of that money could
be saved by transplants,

it could go for research
to cure kidney disease.

Lieutenant Monahan, you
represent the police department.

What types of death do
you usually investigate?

It could be anything.

Car wrecks, m*rder, su1c1de,
drowning, electrocutions, fire...

And how many of these
victims are there annually?

Oh, about two thousand.

- That's in Los Angeles alone?
- That's right.

Of all the victims Lieutenant
Monahan mentioned,

how many might
be potential donors?

A thousand.

And how many would you
say carry donor authorizations?

Less than one
percent, at the most.

That's all? What do you do
then to get the organs you need?

We try to encourage people to make
such an arrangement beforehand.

After death, we have to obtain
consent for the next of kin.

- How often are you successful?
- Not often enough for all
we need.

Either it takes too
long for the relatives to

be located or they
object to the procedure.

Unfortunately, we lose a
lot of organs in the process.

That concludes our
examination of this witness.

He's all yours, Counselor.

Thank you.

Doctor Monroe,

could this consuming desire for
organs possibly influence the doctor

to declare someone dead in order
to obtain a kidney for transplantation?

Absolutely not.

Not even when they knew
there were patients in dire need,

and sympathized
with his condition?

And then, when Jack
Murphy came in almost

but not quite dead,

couldn't he have been a little
too anxious to preserve the living?

Anxious, yes,

but careless, never.

That's what the
jury's here to decide.

Doctor Williams, did your
findings from the autopsy

indicate any of the extensive brain
damage that Doctor Quincy claims existed?

No. Based on the
condition of the brain,

I'm of the opinion that the
patient might have survived.

The damage wasn't
very extensive.

And so you saw no
reason for further testing?

No, I didn't think
it was necessary.

From what I know of brain death,

I don't see any way a
microscopic examination

would have revealed any injuries

that weren't already obvious in
the physical examination of the brain.

Now, that hurt us.

Thank you, Doctor Williams.

I'm sure that if my son
had been in this situation,

I would have preferred your
diagnosis to Doctor Quincy's.

I object. The
prosecution is out of order.

Objection sustained. The jury
will disregard that statement.

How can they disregard
it if they've heard it?

With all the doubts,
Doctor Quincy,

why not adhere to the
strictest definition of death

when all life ceases at the onset of
rigor mortis? Isn't that the best answer?

No.

The answer is to change the laws

and establish one federal
ruling which applies everywhere.

The problem is that the lawyers and doctors
haven't gotten together on this point.

And all the Andrew Coreys get caught
in the middle while it's argued forever.

Are you saying the
laws should be written

so that life can be snatched from
us when we can't even fight back?

I'm saying that there must be a
clarification of the definition of death

if medicine is to make use of
one of its most valuable tools,

the ability to prolong lives which
might otherwise have been terminal.

I don't think that's
a sufficient answer.

You don't have to watch
people dying or living in agony.

When someone decides to donate
a part of their body to someone else,

it's the greatest gift of life
anyone could give or receive.

How can the state deny that
legacy on the basis of a technicality?

No one questions the right
of Mr. Corey to get his kidney,

or the right of Jack
Murphy to will one.

The question is whether there was undue
haste in sacrificing one man for the other.

And where a human life is
concerned, we must be technical.

We've got it.

Mark...

I want photo slides of this
whole series, in a hurry!

- Is this enough to
convince Doctor Williams?
- I hope so.

The final question is,

how many of us are
to be subjected to grief

and suffering like the Murphys?

How many more hasty declarations
of death will take loved ones from us?

We cannot open the door any
wider for scalpel-happy doctors

who will use this loophole
to their own benefit.

Isn't that a little 'emotional'?

I'm sorry,

but this is a very
emotional issue for all of us.

Each death is an individual
act, the final act of a person's life.

How could one definition
properly serve every case?

Doctors themselves can't agree
on this much-sought for definition.

The question is, who is
to be the ultimate judge?

We have evidence
that can get us even.

May we have a few minutes' recess
to prepare some new evidence?

This hearing is adjourned
for fifteen minutes.

These are the slides of sections
taken from Jack Murphy's brain.

Here you can see subtle but definite damage
caused by edema, swelling of the brain.

See the sponge-like
appearance? And here also.

Doctor Williams.

That's only one slide. You can't
tell how extensive the damage was.

The next slide, please.

More extensive signs... See the
pyknotic nuclei of the brain cells?

The control center of each cell has
collapsed into a functionless mass.

Next slide, Sam.

Laminar necrosis. This section of tissue
has been destroyed by a lack of oxygen.

How many more do you need?

There are twenty-two
more back at the lab.

Sufficient.

Thank you, Sam.

The accident caused swelling
and pressure of the brain,

which interrupted the supply
of blood, k*lling the brain cells.

But because the respirator,
the life support system,

kept blood flowing through the
brain, it artifically reduced the swelling.

After death.

That's why it wasn't apparent
at the time of the autopsy

that there was
irreversible brain damage.

Your Honor...

Since time is of the essence, I
think I can save us quite a bit of it.

Of course, please.

I must admit, I'm very
surprised to see all of this.

But it's obvious that the microscopic
examination supports Doctor Quincy.

His proof of brain
death is irrefutable.

That's all we need. Get on the phone
to the hospital, tell 'em to go ahead.

I can never thank
you all enough.

Just go to your husband,
and help him get well.

Well, Quincy, you did it.

You really won the ball game. No,
we didn't. We've only won an inning.

The ball game is
not going to be over

until there's never a need
for anything like this again.

Thank for, I really
appreciate it.

Right on.

Andy, here's a little
going-away present for you.

- Bananas and potato chips?
- Sure,
they're back on your diet.

- You're kidding.
- No, I'm not kidding.

- Still no pain?
- No.

Well, it took a little while but
we got rid of the initial rejection

your kidney is cleaning your blood
beautifully, your blood pressure is stable.

Just six weeks
ago... I can't believe it!

And if you can hold on to that kidney
for a year without your body rejecting it,

you might be able to say goodbye
to your ball and chain forever.

I want to thank you very
much, but I'm not gonna miss ya.

You want a hand with this?

Just a second, I've got some
very special friends here.

Quincy, what
happened to your shirt?

See, I washed it with my socks

in hot water.