Chapter 16 - The Doctor’s Deposition

Dr. Patel became involved in the trust case because Odette argued the reserve had been medically overestimated.
Her deposition was boring and devastating.
“Is Maisie Queen chronically oxygen dependent?”
“No.”
“Does she require oxygen during every respiratory illness?”
“No.”
“Has her health improved since infancy?”
“Yes.”
Odette’s lawyer looked pleased.
Then:
“Would you describe her as medically fragile?”
Dr. Patel paused.
“Terminology varies. She is more vulnerable to hypoxemia during lower-respiratory infections than a typical child her age.”
“Do you expect fewer admissions as she grows?”
“Possibly.”
“Likely?”
“Her trend has improved.”
Then trust counsel:
“Does improvement mean her future medical needs are predictable with certainty?”
“No.”
“Did you recommend reducing her trust medical reserve?”
“No.”
“Why?”
“That is not primarily my role. I provide clinical information. But I did not believe the medical assumptions underlying the reserve were unreasonable.”
Then:
“Was the oxygen mask medically indicated on the day Mrs. Queen removed it?”
“Yes.”
“Could removing it briefly have killed Maisie?”
Objection.
Speculative.
Rephrased.
“Was removing it without clinical assessment unsafe?”
“Yes.”
“Why?”
“Because Maisie was hypoxemic and receiving prescribed supplemental oxygen.”
“Did you instruct anyone to trial her off oxygen?”
“No.”
“Was Mrs. Queen qualified to make that decision?”
“No.”
Simple.
No melodrama.
Odette later said:
“She made it sound like I was trying to suffocate her.”
The transcript did not.
It made it sound like Odette made a medical decision she had no authority to make.
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That was enough.
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