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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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