Monday, June 14, 2004

To tell or not to tell: musings at knife-point

This morning I was at the UW hospital for a needed medical procedure. Obviously it’s not anything debilitating as I am home now blogging energetically.

But I once again confronted the following issue: should I tell the surgeon that, oh by the way, not only am I a lawyer, but I teach torts, which in common parlance is really the same as personal injury law and yes, we devote a good amount of time to medical malpractice?

The benefit of such a revelation: I am sending the message that if there is an iota of greater care that can be expanded, go ahead an expand it now, because I am one of those people who is very comfortable with the courtroom. But that seems rather selfish, doesn’t it? I do have strong communitarian principles engrained in me and these let me know that my medical care should be the same, not better not worse than that of the bloke next in line. Oh come on now, that’s great reasoning in the abstract, but as the surgical team is sharpening the blades, such good collectivist ideology quickly hides under the warm and cozy blanket.

The down side of disclosure: once I tell them I am a lawyer, I can never ever pinpoint them on anything. Questions such as “am I going to die tomorrow?” or "why are you sweating so much and taking four times as long as you had implied for this?" will no longer be answered. It’s too risky. What if they err in their judgment and I turn lawyer-nasty and cause them professional hardship? So they clam up.

Still, the blades are turning my way and in a moment of weakness I tell all.

Unanticipated consequence: this personal revelation cracks a barrier and the team turns chatty. So, the doc working the blades explains how he himself wanted to be a historian but he hated history grad school here at UW and oh, I also teach family law, do I? Why, his wife died young and he became a single father and so he knows what that’s all about and one son is now in Iraq serving in the Army and yes he WANTED to go there and incidentally have I heard of this lawyer he knows since yes, she does practice personal injury law, ha ha ha, some of his best friends are indeed personal injury lawyers… and so on. Whatever benefit I accrued from the “greater care given to the person who might sue,” I lost because he was now entirely focused on his own recollections.

And the technician was no better. Directing a machine, a teeny wrong movement of which could lead me to have permanently damaged vital organs, she informs me that her son is applying to Law School and could I speculate (how, please tell me? You are in my neck area, I dare not move for fear of being slashed in the wrong places) what his chances might be? He got this on his LSATs and that for his GPA, and he comes from a line of UW grads and then there's his sister…

I have always been told that there is something about me that makes people talk and tell their life’s story. I had, up until today, fancied that to be a talent of sorts. I believed that it was my gently persuasive and caring manner that instills trust and confidence. Now I know better. Today I did not cajole gently. I did not encourage this flood of story-telling at all. What they were obviously reacting to was this feature that I have: it is a Concerned Frown that I have had for years and years, which stays on my face no matter what, even if I am laughing with abandon: the Concerned Frown is always in place. Since the team was up there working in its vicinity, it is clearly what inspired the revelations. If you don’t buy it, please consider this:



Wouldn’t you spill your life’s story to a person who looked at you in this way? (I should note that The Concerned Frown was especially pronounced this morning because I was also quite concerned that they would all stray a bit and hit the wrong connective tissue and I would thereafter no longer be connected.)

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