Film features med-mal case

July 26, 2010
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IL reporter Rebecca Berfanger wrote this blog post.

The Indianapolis International Film Festival wrapped up its seventh series of independent local, national, and international films Sunday with screenings of award winners and audience favorites.

It was no surprise “A Little Help” won the Grand Jury Prize and Best American Spectrum Feature because of the high production quality, characters, story line, and acting, including Fort Wayne native Jenna Fischer, who plays Pam Beesly on “The Office.”

But it was also intriguing how the film portrayed Fischer’s character, Laura, and her interactions with her lawyer on a pending medical malpractice lawsuit. Her husband died of a heart arrhythmia the doctor misdiagnosed as anxiety after the husband lied to his doctor about cheating on Laura while she was in the examination room.

Early on in the film, it’s obvious that Laura isn’t in the best place in life. Her family gives her a hard time for drinking a few beers after work and smoking cigarettes. At one point her mom blames Laura for letting herself go, which is possibly the reason for her husband’s late hours in the office that Laura suspects aren’t entirely work-related. As a side note, Fischer wasn’t modified in anyway to look like she was down on her luck and basically looks like “Pam” from the office, making the “let herself go” comments from her husband and mother seem inappropriate at best, and despicable at worst.

But compared to other movies featuring widows who are also single moms, she’s not entirely down on her luck – she has what appears to be a steady job as a dental hygienist somewhere in or near her Long Island home, she has a reliable car, she seems to have a decent relationship with her young son, and her parents have offered to pay for private school tuition even though she and her son would have preferred for him to stay in public school (his new school leads to a 9/11-related plot twist that is interesting, but has nothing to do with the lawsuit).

It’s also her family’s perception of her that comes into play in the scenes with her lawyer and scenes with her sister.

Laura is at first unaware that the attorney is, in fact, a litigator when she meets with him to go over her financial paperwork after her husband dies. So when the lawyer tells her she should be OK, he means after a settlement or trial she’ll be financially OK.

Even though Laura is iffy on even pursuing a lawsuit – citing that her husband possibly lied to the doctor so as not to admit he was cheating her, which possibly led to the misdiagnosis of his heart condition as anxiety instead of arrhythmia – the lawyer and her sister insist she continue.

Her sister also at one point asks her how the lawsuit is going, even though she said she had spoken with the lawyer at a party and already knew the depositions were almost over, more than Laura knew or seemed to care to know at that point.

The lawyer does a few other ethically questionable things in the movie when it comes to how he handles the case, but I don’t want to give everything away as the film will, hopefully, receive a wider release after its run on the festival circuit. Or it will likely at least be available via Netflix or a cable movie channel at some point.

If you happened to catch this at the festival, did you have any thoughts about the film or the portrayal of the attorney character? Do you think the way this lawyer, and others, are portrayed on film as not letting their clients make their own decisions is realistic or fair?

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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