“Did you get the caller’s name?”
“He said it was Reuben. That’s it, just Reuben.”
“Okay, did you go?”
“Yes, and I took two friends with me.”
“Why?”
“Because one of them is my boss, the other was the property owner, they wanted to talk to the doctor because of their insurance policies.”
“Okay, so they were concerned for you?”
“Yes.”
“What happened when you arrived?”
“I filled out the paperwork, a nurse called me back, she opened the door to an exam room, told me to go inside, then turned and walked away.”
“Did she do anything else?”
“No, she never even spoke one word after she called my name in the waiting room. No weight or height measurement, no vitals were taken, nothing. Fifteen minutes later, Dr. Perkins, I assume it was Dr. Perkins and some other guy walked in, slapped a set of x-rays up on the light box, and told me and I’m quoting here, “Dr. Johnson is incompetent in her duties. She lied to you, and doesn’t know what she’s doing. I’m scheduling you for surgery on Thursday to repair what her incompetence missed.”
The entire room froze at his words. “Oh, and he kept referring to my left knee.”
“How did you arrive at that appointment?”
“I’m sorry, I don’t understand the question.”
“Did you use a wheelchair, crutches, cane, wear your brace?”
“No, I walked under my own steam, just like I did to come up here to the witness stand.”
Raymond nodded and turned to the table, picked up a remote, and turned back to Shay and the judge.
“Mr. Hall, you, your boss, and the landowner recorded your interaction with Dr. Perkins, could you tell me why?”
“Something didn’t sit right with me when Reuben called. He was arrogant, and when I tried to tell him that I was healed, and I didn’t need to come in to see him, he became angry. I then told him that I was still a patient of Dr. Johnson’s and I liked her, so I wasn’t changing doctors. Because of what he told me next, I decided to record my visit.”
“What did he say.”
“That Dr. Johnson was fired from the clinic because of her incompetence, and that she lost her license to practice medicine because of that incompetence. I knew for a fact that statementwasn’t true, because I had seen her at her new office just the day before.”
“When did this Reuben call you, what day of the week?”
“Sunday, and I had to be into his office on Monday.”
Raymond nodded and looked at the judge. “If it pleases the court, I would like to play the video that was recorded during this office visit.”
“OBJECTION! It’s illegal to record someone without their knowledge.”
“Colorado is a one-party consent state, and Mr. Shay has already testified under oath that he didn’t feel right about the appointment. His consent of the examination of him is all that is needed.”
“I’ll allow it,” the judge said, and they all turned to the screen the bailiff had set up. Raymond pushed play, and watched as everything Shay had described that happened with the visit with Perkins happened. At one point, Raymond stopped the video and turned back to Shay.
“Mr. Hall, when were the x-rays that Dr. Perkins put up on the light box taken?”
“No clue.”