Update on Schara v. Ascension Health: Motion to Dismiss was Denied
And there is more good news
Grace Schara Updates
Outcome of Court Hearing on July 14th
From Scott Schara:
Thanks to all who supported, in person, online, and praying – related to Grace’s lawsuit hearing on the motion to dismiss on Friday.
Things could not have gone better.
Grace’s case was NOT dismissed, and a trial date was set.
To Him be all the glory! God keeps leading the way!
More Details Below
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Here are the main takeaways from last week’s hearing:
Three-week jury trial set beginning 11/4/24; this is huge. That means the case is moving forward.
As Grace would say, “God did it!
DNR declaratory judgment. The defense attorney stated that there are disputed facts between the parties.
Accordingly, the judge did not grant their motion to dismiss this element of our claim; another victory!
State Statute 655 motion to meld lack of informed consent into medical malpractice. Scott laid out the importance of this argument in last week’s update.
In short, lack of informed consent is the cause and medical malpractice is the effect, so the claims should not be merged.
Because we’ve already plead the intentional tort of lack of informed consent, the judge listened to the defense and encouraged us to amend our complaint to take into what the defense said. Scott has a meeting with the legal team tomorrow to work this out, so we nail it.
Big picture, the next steps are for us to submit an amended Summons and Complaint by July 28th. Then the defense has 45 days to respond. The judge could then schedule another hearing on this issue.
Important backdrop: We filed the Request for Mediation, with the Director of State Courts on March 30th. This is a required step, before the civil case can proceed, by State statute. In the interim, we filed our lawsuit on April 11th and received the required responses by May 15th.
The Dr. Marada Partial Motion to Dismiss was the item that generated last week’s hearing.
The Director never scheduled the mediation within the required 90-day window, which allowed the civil case to proceed. That hoop expired June 28th, which allowed the judge to schedule the hearing.
We’re thankful to God that it was scheduled so soon afterwards.
We have to demand justice. | Photo by LOGAN WEAVER | @LGNWVR on Unsplash
Justice should not take a long time.
When a person shoots another on the street, he or she is locked up until the court date. When a medical person kills someone, because of “malpractice”, he or she keeps doing the same thing to other people because ‘justice’ has a ball and chain relative to protecting medical people – the legal system has multiple roadblocks to justice, not the least is the attitude of our legislature.
Specifically, the Marada motion stated, “The Legislature’s purpose in enacting a statutory scheme to govern claims for damages arising out of alleged medical negligence was to encourage health care providers to remain in Wisconsin by imposing certain limits on the causes of action that a patient or her family member can pursue, and on the types and amount of damages that can be recovered.”
Adding another analogy to help put what’s happening in hospitals, in perspective: If you have a gun, but it is not loaded, can you kill the person with the gun? Doctors and nurses start with a gun, every single day. They load the gun by ignoring informed consent. This is done, in part, by you supposedly waiving rights when you sign in, and, in part, by our programming to trust the white coat. They pull the trigger by following protocols, either on purpose, or by not thinking from medical system programming they have submitted to. If they followed the responsibility that comes with informed consent, they could never load the gun.
Another piece of the puzzle that Scott didn’t elaborate on last week, because he wanted to focus on the importance of our battery claim, is the defense’s motion to dismiss our claim for declaratory judgment on the illegal DNR. Unbelievably, in their brief, they wrote “the DNR order should be dismissed because a) the issue is not ripe for adjudication and/or b) the issue is moot, because Grace Schara, the subject of the order, is deceased.” This DNR issue impacts every single person who is still breathing! Does the defense really believe this? We’re trying to save their lives too!
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Thanks for your continued support!
BREAKING THE OATH
This heartbreaking story of the Schara family, and those this film is dedicated to, provides a stark warning to all. There is a profound evil in the world the likes of which we haven't seen for nearly one hundred years. History is shaking us awake, urging us to remember times in which civilization was brought to the brink of collapse. "Breaking the Oath" draws parallels to our past, showing the shocking similarities all around us. We need only to open our eyes.
Please watch and share this powerful, urgent message regarding the national issue of hospital murders – an agenda which must be stopped before more lives are lost!
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Grace did not die in vain. We are standing on Genesis 50:20: You intended to harm me, but God intended it for good to accomplish what is now being done, the saving of many lives.
Thank you all for your continued prayers and support!
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Blessings to you all‼️❤️