Alan Acord
7 THE COURT: MR. ACORD WOULD YOU STEP UP HERE PLEASE? IF
8 YOU'D RAISE YOUR RIGHT HAND AND FACE THE CLERK, SHE'LL PLACE
9 YOU UNDER.
10 IF YOU'LL HAVE A SEAT UP HERE PLEASE.
11 ALAN ACORD,
12 BEING FIRST DULY SWORN, WAS EXAMINED
13 AND TESTIFIED AS FOLLOWS:
14 THE COURT: IF YOU WILL STATE YOUR FULL NAME AND SPELL
15 YOUR LAST NAME PLEASE.
16 THE WITNESS: ALAN J. ACORD. LAST NAME IS SPELLED
17 A-C-O-R-D. NO TWO C'S. THAT WOULD BE A CAR.
18 BY MS. BARLOW:
19 Q. SO I'D BETTER PRONOUNCE IT CORRECT, ACORD, RIGHT?
20 A. IT'S -- I'VE BY EITHER ONE.
21 Q. JUST ANSWER TO JUST ABOUT ANYTHING?
22 A. YEAH.
23 Q. YOUR HONOR, IF I MAY APPROACH, I'M GOING TO HAND HIM
24 STATES EXHIBITS 2-A THAT'S BEEN ADMITTED?
25 THE COURT: YOU MAY.
1 Q. (BY MS. BARLOW) MR. ACORD, MAYBE THAT WILL HELP AS
2 YOU'RE TESTIFYING. WOULD YOU WOULD YOU PLEASE STATE YOUR
3 OCCU -- OR WHAT CITY YOU LIVE IN FIRST?
4 A. I LIVE IN LAYTON.
5 Q. AND WHAT IS YOUR OCCUPATION?
6 A. I'M A PHYSICAL THERAPIST.
7 Q. HOW LONG ARE YOU BEEN A PHYSICAL THERAPIST?
8 A. TEN YEARS NOW.
9 Q. WHAT TRAINING HAVE YOU RECEIVED FOR THAT?
10 A. I WENT TO THE UNIVERSITY OF UTAH AND RECEIVED A
11 BACHELOR'S OF SCIENCE IN PHYSICAL THERAPY.
12 Q. ANY FURTHER TRAINING BEYOND THAT?
13 A. NO.
14 Q. DID YOU HAVE OCCASION TO WORK WITH THE ELLEN ANDERSON AT
15 THE PIONEER CARE CENTER --
16 A. I DID.
17 Q. -- IN BRIGHAM CITY? WHEN WAS THAT?
18 A. THAT WOULD HAVE BEEN IN JULY -- IN JUNE OF 95, LATTER
19 PART OF JUNE.
20 Q. HOW DID YOU BECOME ACQUAINTED WITH HER? HOW DID YOU GET
21 INTO THIS BUSINESS RELATIONSHIP?
22 A. SHE CAME FROM THE BRIGHAM HOSPITAL AND SHE HAD SUSTAINED
23 A FRACTURE TO HER -- I CAN'T REMEMBER IF IT'S HER RIGHT OR
24 HER LEFT HIP, BUT IT WAS ONE OF HER HIPS. AND THEN SHE HAD A
25 HEMIARTHROPLASTY TO THAT HIP, AND SHE CAME OVER FOR REHAB
1 SERVICES.
2 Q. IS THAT SOMETHING YOU TYPICALLY DID?
3 A. YES, YES.
4 Q. WHEN YOU FIRST SAW HER, WHAT KINDS OF PROBLEMS DID SHE
5 HAVE?
6 A. FUNCTIONAL PROBLEMS THAT ARE GENERALLY ASSOCIATED WITH
7 ANYBODY THAT HAS A SURGERY TO HER HIP. SHE WAS -- HAD AND
8 INABILITY TO GET UP VERY WELL. GO FROM SIT TO STAND. GET
9 OUT OF BED. GO WALKING. THOSE KINDS OF -- THOSE KINDS OF
10 ISSUES.
11 Q. DID YOU KEEP TRACK OF THE PHYSICAL THERAPY THAT YOU GAVE
12 HER?
13 A. I DID.
14 Q. DID YOU PUT THOSE NOTES IN THE NURSING HOME RECORDS?
15 A. I DID.
16 Q. I'M LOOKING AT 2-A AND IT'S NURSING HOME N.H. PAGE N.H.
17 437. HOW OFTEN DID YOU SEE MRS. ANDERSON?
18 A. I SAW HER FIVE TIMES A WEEK USUALLY TWICE A DAY
19 DEPENDING ON HOW SHE WAS DOING.
20 Q. ON PAGE 438 IN THE NURSING HOME RECORDS IT SAYS PHYSICAL
21 THERAPY INPATIENT EVALATION. IS THIS WHAT YOU WOULD DICTATED
22 OR FILLED OUT?
23 A. YES. AND THIS IS ACTUALLY THE SECOND EVALUATION, THIS
24 WAS IN AUGUST AFTER SHE HAD GONE HOME. SHE WAS IN IN JUNE,
25 AND WE DID EVALUATION, TREATED HER, AND THEN SHE WENT HOME
1 ABOUT THREE WEEKS LATER IN JULY, AND THEN CAME BACK IN AUGUST
2 BECAUSE THEY WERE HAVING SOME DIFFICULTY AT HOME.
3 Q. DO YOU RECALL WHY SHE WENT HOME AFTER THAT FIRST STAY AT
4 THE CARE CENTER?
5 A. I DO. JUST FROM MY RECOLLECTION, AFTER THE FIRST WEEK
6 SHE REALLY STARTED HAVING SOME TROUBLE WITH FOCUSSING ON WHAT
7 WE WANTED TO DO. TO ME IT WAS ANXIETIES. EITHER THAT OR
8 ANXIETY BEHAVIORS, YOU KNOW, SHE WAS -- SHE WOULD CONSTANTLY
9 CALL OUT HER DAUGHTER'S NAME, BARBARA, BARBARA, BARBARA, THEN
10 I WOULD TRY TO GET HER TO TRY TO FOCUS ON WHAT WE NEEDED TO
11 DO IN THERAPY, AND THEN, YOU KNOW, SHE'D KIND OF GO BACK TO
12 THAT AND --
13 Q. WERE YOU HAVING HER WALKING DURING THAT TIME PERIOD
14 DURING THAT FIRST DAY?
15 A. YES.
16 Q. WAS SHE COMPLAINING OF ANY PAIN WHEN SHE WOULD WALK?
17 A. NOT THAT I RECALL. IF IT WAS, IT WAS -- IT WAS, YOU
18 KNOW, GENERAL SURGERY -- SURGICAL PAIN THAT YOU HAVE AFTER
19 SURGERY AND GETTING THROUGH THAT, THAT PROCESS.
20 Q. IF YOU WOULD TURN TO PAGE 439, AND IN ABOUT THE MIDDLE
21 OF THE PAGE HAS ASSESSMENTS. IS THIS ASSESSMENTS THAT YOU
22 MADE OF MRS. ANDERSON'S CONDITION AND HER RESPONSE TO YOUR
23 PHYSICAL THERAPY?
24 A. YES.
25 Q. WOULD YOU PLEASE READ THAT PARAGRAPH?
1 A. PATIENT PRESENTS WITH FUNCTIONAL MOBILITY DIFFICULTIES
2 AT THIS TIME SECONDARY TO A STATUS POST HIP FRACTURE --
3 THE COURT: SLOW DOWN PLEASE.
4 THE WITNESS: WITH HEMIARTHROPLASTY. SORRY, I'M A
5 LITTLE NERVOUS. PATIENT'S IS ALSO HAVING SOME DIFFICULTY IN
6 DEMONSTRATING INITIATIVE PARTICULARLY SECONDARY TO FOCUSSING
7 ON -- FOCUSSING ON WHEN HER DAUGHTERS ARE PRESENT AND WHEN
8 THEY ARE NOT. SPECIFIC PROBLEMS INCLUDE DEPENDENT IN
9 AMBULATION, DEPENDENT IN TRANSFERS, DEPENDENT IN BED MOBILITY
10 ACTIVITIES. DECREASED STRENGTH IN RIGHT LOWER EXTREMITY AND
11 DECREASED BALANCE AND ENDURANCE.
12 Q. (BY MS. BARLOW) DID YOU MAKE SUCH AN ASSESSMENT AFTER
13 EVERY VISIT WITH MS. ANDERSON?
14 A. USUALLY THEY'RE WEEKLY ASSESSMENTS BUT IT'S KIND OF
15 TAKEN ON WHOLE WEEK'S TREATMENT TIME, I GUESS YOU WOULD SAY.
16 Q. IT APPEARS THAT YOU CONTINUED TO MAKE SUCH ASSESSMENTS
17 THROUGH APPROXIMATELY THE END OF SEPTEMBER OF 1995. DO YOUR
18 REMEMBER THAT?
19 A. THAT'S CORRECT.
20 Q. WAS THERE ANY DIFFERENCE OR HOW DID YOUR ASSESSMENT,
21 WEEKLY ASSESSMENT OF MRS. ANDERSON'S PROGRESS DURING THAT
22 TIME PERIOD?
23 A. I THINK IN MY NOTES THAT ACTUALLY STARTES TO -- SHE
24 TENDS TO DECLINE IN HER ABILITY TO PARTICIPATE AND THAT'S
25 WHAT WE WERE WORRIED ABOUT WITH THERAPY IS HER ABILITY TO
1 PARTICIPATE, GET A LITTLE STRONGER, IMPROVE HER GAIT AND
2 THOSE KINDS OF THINGS. AND I THINK I MENTIONED IN MY NOTES
3 THAT THE ANXIETY IS THE THING THAT WE NOTICED THE MOST WITH
4 OUR TREATMENT.
5 Q. WAS THERE ANY PHYSICAL REASON WHY SHE WAS NOT ABLE TO
6 PARTICIPATE?
7 A. NOT THAT I WOULD SAY.
8 Q. DID SHE EVER COMPLAIN OF PAIN?
9 A. I DO -- I DID, IN REVIEWING MY NOTES BEFORE I CAME, I
10 DID MAKE MENTION OF ONE NOTE OF SHE COMPLAINED OF SOME BACK
11 PAIN IN ONE NOTE THAT I WROTE. BUT IT WASN'T A CONSTANT
12 THING, I WOULD HAVE PUT THAT IN THE NOTE EVERY WEEK.
13 Q. DID YOU EXPRESS TO THE NURSING HOME PEOPLE OR TO A
14 DOCTOR ABOUT THIS COMPLAINT OF PAIN?
15 A. YES, WE DID.
16 Q. DO YOU KNOW WHAT IF ANYTHING WAS DONE ABOUT THAT?
17 A. THEY -- I BELIEVE THEY DID AN X-RAY OF HER BACK AND
18 ACCORDING TO MY NOTES THAT I WROTE, THEY -- THE RESULT WAS
19 THAT SHE HAD SOME VERTEBRAL FRACTURES, SOME COMPRESSION
20 FRACTURES IN HER SPINE, BUT THEY WEREN'T SURE WHETHER THEY
21 WERE NEW OR WHETHER THEY HAD BEEN THERE FOR A WHILE.
22 Q. IF WOULD YOU TURN TO 335, PAGE 335 IN THAT SAME EXHIBIT
23 2-A.
24 A. 335.
25 Q. IT WILL SAY N.H. 335, YES, 335. ACTUALLY 334 IF YOU
1 WOULD.
2 A. OKAY.
3 Q. IF I HAD THE RIGHT TAB IN MY BOOK I COULD TELL YOU WHICH
4 TAB.
5 A. NO, YOU'RE FINE. I SAW 332.
6 Q. MIGHT BE UNDER MEDICATION RECORDS BEHIND THAT TAB.
7 A. OKAY.
8 Q. OKAY. 334, HAVE YOU GOT THAT?
9 A. I'VE GOT N.H. 334 HERE.
10 Q. AND DOES IT SAY MEDICATION RECORD?
11 A. IT DOES.
12 Q. ARE YOU FAMILIAR WITH THE KEEPING OF THESE MEDICATION
13 RECORDS IN THE NURSING HOME?
14 A. YES. MOSTLY BY THE NURSES.
15 Q. RIGHT. I RECOGNIZE YOU'RE NOT THE ONE WHO MADE THE
16 ENNTRIES ON THIS, BUT --
17 A. RIGHT.
18 Q. -- ON THAT -- ON PAGE 334, ARE THERE ANY MEDICATIONS
19 ORDERED FOR PAIN?
20 A. THEY'VE GOT TYLENOL HERE. THAT WOULD BE THE ONLY ONE
21 THAT I CAN SEE.
22 Q. IS THERE AN INDICATION OUT TO THE SIDE OF THAT THAT
23 TYLENOL HAD BEEN GIVEN TO MRS. ANDERSON?
24 A. YES.
25 Q. I'LL REPRESENT THAT THIS IS THE MONTH OF AUGUST. IT'S
1 KIND OF CUT OFF AT THE BOTTOM, BUT IT'S THE MONTH OF AUGUST.
2 WAS TYLENOL GIVEN EVERY DAY FOR PAIN?
3 A. IT LOOKS LIKE THAT IT GOES UNTIL ABOUT THE 14TH.
4 Q. THEN IF YOU'LL TURN TO THE NEXT PAGE 335, ARE THERE ANY
5 PAIN MEDICATIONS ON THAT PAGE?
6 MS. ISAACSON: OBJECTION, YOUR HONOR. I DON'T -- THIS
7 GENTLEMAN IS A PHYSICAL THERAPIST. HE'S NOT INVOLVED IN
8 ADMINISTRATION OF PRESCRIPTION --
9 THE COURT: SUSTAINED.
10 Q. (BY MS. BARLOW) DO YOU HAVE ANY PERSONAL KNOWLEDGE ABOUT
11 HOW MUCH PAIN MEDICATION WAS GIVEN TO ELLEN ANDERSON DURING
12 THE TIME THAT YOU WERE WORKING WITH HER?
13 A. I DON'T.
14 Q. WOULD YOU EXPECT THAT TO BE KEPT IN THE NURSING HOME
15 RECORDS?
16 A. YES, THAT WOULD BE DONE BY NURSES.
17 Q. THE PAIN THAT SHE COMPLAINED ABOUT, WAS THAT SEVERE OR
18 DEBILITATING FOR HER?
19 A. I DIDN'T THINK SO. I MADE A -- ONE NOTE OF IT ON ONE
20 WEEK AND THEN IT WAS OCCASIONAL PAIN. IT WAS JUST GENERAL
21 PAIN.
22 MS. BARLOW: THANK YOU. I HAVE NO FURTHER QUESTIONS.
23 THE COURT: CROSS-EXAMINE, MS. ISAACSON.
24 CROSS-EXAMINATION
25 BY MS. ISAACSON:
1 Q. MR. ACORD, IS IT?
2 A. EITHER ONE.
3 Q. SAY THAT RIGHT? MY NAME'S TARA ISAACSON. I'M ONE OF
4 THE ATTORNEYS THE REPRESENTS DR. WEITZEL. I HAVE A FEW
5 QUESTIONS FOR YOU. ARE YOU AWARE THAT MRS. ANDERSON HAD
6 OSTEOPOROSIS?
7 A. I WAS, BUT I DON'T THINK I MADE A NOTE OF THAT IN THE
8 EVAL.
9 Q. DID YOU SHOW A HISTORY OF BROKEN BONES?
10 A. THAT I CAN'T RECALL.
11 Q. SHE ALSO HAD KYPHOSIS, WHICH MEANS CURVATURE OF THE
12 SPINE?
13 A. SHE DID DO -- SHE DID HAVE THAT.
14 Q. AND YOU KNEW FROM X-RAY THAT SHE HAD SMALL VERTEBRAL
15 FRACTURES IN HER SPINE?
16 A. THAT'S WHAT THE RECORD SAID THAT WE GOT BACK.
17 Q. WHAT IS A COMPRESSION FRACTURE?
18 A. IT'S A SMALL -- WELL, IT CAN BE A SMALL OR LARGE
19 FRACTURE IN THE VERTEBRAL COLUMN, SPINE AREA. IN MY
20 EXPERIENCE IT'S ALWAYS BEEN ON THE ANT -- WELL, USUALLY ON
21 THE ANTERIOR SIDE OF THE VERTEBRAL BODY, BUT IT JUST DEPENDS.
22 Q. AND HAVE YOU WORKED WITH OTHER PATIENTS THAT HAVE
23 COMPRESSION FRACTURES IN THEIR SPINE?
24 A. YES.
25 Q. AND IT'S A CONDITION THAT CAN BE VERY PAINFUL.
1 A. YES.
2 Q. I'M GONNA GO TO SOME OF MEDICAL RECORDS AND I CAN PUT
3 THEM UP HERE ON THE SCREEN SO THE JURY CAN SEE THEM AT THE
4 SAME TIME.
5 A. OKAY.
6 Q. NOW, THE KEY HERE IS I HAVE TO SWITCH OVER TO YOU. SO I
7 WILL DO THAT. THEN WE CAN ALL BE ON THE SAME PAGE.
8 A. OKAY.
9 Q. WHAT I'M SHOWING -- AND THIS IS WHAT YOU WERE LOOKING AT
10 PREVIOUSLY. THIS IS PLAINTIFF'S 2-A PAGE 4451 AND THIS IS
11 YOUR WEEKLY PROGRESS REPORT FOR SEPTEMBER 12TH OF 1995. I
12 CAN EITHER HAND YOU A HARD COPY OF IT OR YOU CAN LOOK AT THE
13 SCREEN OR?
14 A. I WILL TURN TO IT.
15 Q. OKAY.
16 A. HERE WE GO.
17 Q. I'D LIKE TO FOCUS YOUR ATTENTION AND AND I'LL GO TO THE
18 BIG PORTION AGAIN TO THE BOTTOM FEW SENTENCES ON THIS -- ON
19 THIS FIRST PAGE ON PAGE 451 WHERE YOU WRITE, IT SHOULD BE
20 NOTED THAT PATIENT DOES COMPLAIN OF SOME BACK PAIN
21 PERIODICALLY WHICH IS EVIDENTLY SECONDARY TO VERTEBRAL
22 FRACTURES THAT SHOWED UP ON THE X-RAY SEVERAL WEEKS AGO.
23 THAT'S YOUR NOTE FROM SEPTEMBER 12TH, RIGHT?
24 A. THAT'S CORRECT.
25 Q. YOUR WEEKLY NOTE OF YOUR TREATMENT WITH HER.
1 A. THAT'S CORRECT.
2 Q. AND THEN WE'LL GO TO YOUR NEXT WEEK NOTES SEPTEMBER 19TH
3 AGAIN P. 2-A NURSING HOME 453. AGAIN, THE NEXT WEEK YOU MAKE
4 A SIMILAR NOTE. PATIENT HAS COMPLAINED OF SOME BACK PAIN
5 THAT IS PROBABLY DUE TO THE COMPRESSION FRACTURES THAT SHE
6 HAS IN HER VERTEBRAL AREA AGAIN.
7 A. THAT'S CORRECT.
8 Q. AND THEN YOU DISCONTINUED PHYSICAL THERAPY OF HER
9 SHORTLY THEREAFTER DIDN'T YOU?
10 A. THAT'S CORRECT.
11 Q. I HAVE NOTHING FURTHER.
12 THE COURT: REDIRECT?
13 MS. BARLOW: JUST BRIEFLY, YOUR HONOR.
14 REDIRECT EXAMINATION
15 BY MS. BARLOW:
16 Q. LOOK AGAIN ON PAGE 453, OF EXHIBIT 2-A, YOU WROTE --
17 WELL, WHAT DID YOU -- WHAT DID YOU WRITE AFTER -- IT WAS
18 SHOWN AND READ TO YOU THAT THE PATIENT'S COMPLAINT OF SOME
19 BACK PAIN, COMPRESSION FRACTURES THAT SHE HAS, WHAT'S THE
20 REST OF THAT SENTENCE?
21 A. OKAY. BACK TO 453?
22 Q. YES.
23 A. WHERE DO YOU WANT ME TO START?
24 Q. AND AS STATED IN THE EARLIER NOTES.
25 A. EARLIER NOTES, RADIOLOGIST THAT X-RAYS THESE SAID THEY
1 HAD PROBABLY BEEN THERE FOR SOME TIME.
2 Q. OKAY. NOW YOU ANSWERED THAT YES COMPRESSION FRACTURES
3 CAN BE VERY PAINFUL. DID YOU SEE THAT KIND OF PAIN FROM
4 MRS. ANDERSON?
5 MS. ISAACSON: OBJECTION. IT'S A SUBJECTIVE EXPERIENCE.
6 HE CAN ONLY TALK ABOUT WHAT HE OBSERVED.
7 THE COURT: SUSTAINED.
8 Q. (BY MS. BARLOW) DID YOU OBSERVE ANYTHING THAT APPEPARED
9 TO BE THAT KIND OF PAIN?
10 A. NO.
11 Q. FROM MRS. ANDERSON? EXCUSE ME?
12 A. IN RESPECT TO HOW MUCH THE PAIN IS OR --
13 Q. WELL HAVE YOU SEEN PEOPLE WITH -- WHO ARE EXHIBITING
14 VERY PAINFUL COMPRESSION FRACTURES?
15 A. YES.
16 Q. DID YOU SEE THAT KIND OF PAIN OR EXHIBITION OF PAIN FROM
17 MRS. ANDERSON?
18 A. NO.
19 Q. IN YOUR DISCHARGE SUMMARY ON PAGE 457, WHAT WAS THE MAIN
20 REASON THAT YOU STOPPED GIVING PHYSICAL THERAPY TO
21 MRS. ANDERSON?
22 A. WE DIDN'T FEEL LIKE SHE WAS MAKING ENOUGH PROGRESS FOR
23 HER TO WARRANT FURTHER PHYSICAL THERAPY SERVICES. AND FROM
24 OUR NOTES MOST OF IT IN MY OPINION WAS DUE TO THE ANXIETY
25 LEVEL THAT SHE WAS HAVING. SHE HAD A HARD TIME FOCUSSING ON
1 WHAT WE WANTED HER TO DO TO IMPROVE HER MOBILITY AND
2 FUNCTIONAL STATUS.
3 Q. THANK YOU. NO FURTHER QUESTIONS, YOUR HONOR.
4 THE COURT: REDIRECT OR RECROSS?
5 MR. BUGDEN: MAY WE HAVE JUST A MOMENT?
6 THE COURT: SURE.
7 RECROSS-EXAMINATION
8 BY MS. ISAACSON:
9 Q. WITH REGARD TO THIS PAIN ISSUE, AGAIN IT'S A SUBJECTIVE
10 EXPERIENCE?
11 A. I WOULD AGREE.
12 Q. YOU WERE NOT INSIDE THIS WOMAN'S BODY. YOU DIDN'T HAVE
13 HER EXPERIENCE. AND YOU MADE THE ASSUMPTION BASED ON WHAT
14 YOU SEE OR SAW OR DIDN'T SEE THAT SHE WASN'T IN PAIN?
15 A. I BASED IT ON FUNCTION. AND --
16 Q. AND THERE ARE PEOPLE WHO DON'T COMPLAIN AND YOU HAVE
17 SOME PATIENTS I'M SURE WHO ARE VERY STOIC AND WILL NEVER
18 COMPLAIN OF PAIN.
19 A. I WOULD AGREE WITH THAT.
20 Q. AND SOME PEOPLE BECOME ACCUSTOMED TO PAIN, THEY DON'T
21 ALWAYS PHYSICALLY EXHIBIT THAT THEY'RE IN PAIN.
22 A. I WOULD AGREE WITH THAT.
23 Q. I HAVE NO NOTHING FURTHER.
24 REDIRECT EXAMINATION
25 BY MS. BARLOW:
1 Q. I HATE TO BELABOR THE POINT, BUT IF I COULD FOLLOW UP
2 JUST A BIT ON THAT. ARE YOU AWARE OF SIGNS AND SYMPTOMS OF
3 PAIN THAT ARE NOT RELIANT ON A PERSON SAYING I HURT?
4 A. I'M NOT SURE WHAT -- I'M NOT SURE I UNDERSTAND THAT
5 QUESTION.
6 Q. IF SOMEONE IS MOVING AND GRIMMACES, WOULD YOU KNOW WHY
7 THEY WERE DOING THAT OR WOULD YOU ASSUME WHY THEY WERE DOING
8 THAT?
9 A. I WOULD ASSUME THAT THEY WOULD HAVE PAIN MAYBE.
10 Q. DID YOU SEE ANY OF THAT IN MRS. ANDERSON?
11 A. I'M TRYING TO REMEMBER. THAT'S SEVEN YEARS AGO AND I'M
12 TRYING TO --
13 Q. I RECOGNIZE --
14 A. -- AND YOU DON'T REALLY WRITE ALL THE -- ALL THE THINGS
15 DOWN THAT THEY MAY EXPERIENCE.
16 THE COURT: IT'S OKAY TO SAY I DON'T REMEMBER IF THAT'S
17 THE CASE.
18 THE WITNESS: I DON'T REMEMBER. THAT'S PROBABLY THE
19 BEST ANSWER.
20 MS. BARLOW: OKAY. THANK YOU. NOTHING FURTHER, YOUR
21 HONOR.
22 MS. ISAACSON: ONE FOLLOW-UP YOUR HONOR.
23 RECROSS-EXAMINATION
24 BY MS. ISAACSON:
25 Q. MR. ACORD, DID YOU EVER DO ANYTHING TO FOLLOW UP TO SEE
1 THAT SHE WAS TREATED FOR THE PAIN SHE WAS COMPLAINING OF IN
2 SEPTEMBER?
3 A. I DON'T KNOW -- I CAN'T REMEMBER. THAT -- I WOULD HOPE
4 THAT I WOULD HAVE TALKED TO DR. SUMKO WHO WAS HER --
5 FOLLOWING HER FOR HER HIP --
6 Q. BUT --
7 A. -- SURGERY.
8 Q. -- YOU RESERVED THAT IN YOUR CHARTS.
9 A. I WOULD HOPE SO. IT'S -- THAT I CAN'T REMEMBER. HE --
10 Q. YOU WOULD HAVE HOPED THAT IF ONCE SHE REPORTED PAIN THAT
11 YOU DID SOMETHING --
12 A. RIGHT.
13 MS. BARLOW: YOUR HONOR, I OBJECT. I THINK THIS IS
14 CALLING FOR SPECULATION.
15 THE COURT: SUSTAINED.
16 THE WITNESS: I WOULD HAVE TOLD THE NURSES, YES.
17 Q. (BY MS. ISAACSON) DO YOU RECALL IF YOU TOLD THE NURSES?
18 A. YES, I DID.
19 Q. DO YOU RECALL IF THERE WAS ANYTHING DONE IN RESPONSE TO
20 YOUR REPORT?
21 A. NO, I CAN'T REMEMBER.
22 Q. I HAVE NOTHING FURTHER.
23 MS. BARLOW: NOTHING FURTHER, YOUR HONOR.
24 THE COURT: YOU MAY STEP DOWN, MR. ACORD. THANK YOU FOR
25 COMING. MAY THIS WITNESS BE EXCUSED, MS. BARLOW.
1 MS. BARLOW: YES.
2 THE COURT: MS. ISAACSON?
3 MS. ISAACSON: NO, YOUR HONOR.
4 THE COURT: HE MAY BE EXCUSED?
5 MS. ISAACSON: YES, SORRY.
6 THE COURT: THANK YOU. MAY BE EXCUSED. THANK YOU.