“Beyond The Diagnosis” on BrightU: How medical malpractice damage caps and “alt privilege” turned the legal system into a shield for killers

• On Day 2 of “Beyond The Diagnosis,” Jonathan Otto features Scott Schara, where he shared that Wisconsin’s $750,000 medical malpractice damage cap and high legal costs create a system where even slam dunk cases have only a 1-in-10 chance of winning, according to his attorney.
• During depositions, defense attorneys invoked “Alt privilege,” a Wisconsin legal precedent allowing doctors to legally refuse to testify against one another, which Schara says blocks accountability.
• Through their lawsuit, Schara received 948 additional pages of records after a nurse said roughly 1,000 pages were missing, but attorneys say more records will come via subpoena.
• The lawsuit names 14 defendants including Ascension Health, five doctors, four John Doe providers, two nurses and the Wisconsin Injured Patients and Family Compensation Fund, with a jury trial set for November 4, 2024.
• Schara founded the nonprofit “Our Amazing Grace’s Light Shines On” and hosts the “Deprogramming with Grace’s Dad” podcast.

Brighteon University is streaming an episode a day of “Beyond The Diagnosis” by Jonathan Otto on May 9 to 20, and a replay of all 12 episodes on May 21 to 25. Register here to uncover a carefully built case against the narrative that chronic disease, from autism and autoimmune collapse to cancer and neurological decay, is a mystery or bad luck.

On Day 2 of “Beyond The Diagnosis,” slated for May 10, host Jonathan Otto features Scott Schara, a certified public accountant from Wisconsin, who thought that when his daughter Grace died in a hospital, the legal system would hold those responsible accountable. He was wrong.

What he uncovered instead was a meticulously constructed legal machine, one with $750,000 damage caps, a 1-in-10 chance of winning even in what attorneys call slam dunk cases and a legal precedent known as “Alt privilege” that allows doctors to legally refuse to testify against one another. This is the story of a father who went looking for justice and found a system designed to make accountability a myth.

When records tell a different story

Schara says he meticulously examined all the records with a fine-tooth comb to determine what actually transpired. The medical malpractice nurse reviewing the records said approximately 1,000 pages were missing, explaining this was standard practice.

Through the lawsuit they subsequently filed, they received an additional 948 pages of documents. Nonetheless, attorneys have advised Schara that there are a lot more records that will be received through a subpoena. “You look at the phone records, the detailed medical records and you can only conclude that the money was behind it,” he said.

The medical malpractice damage cap in Wisconsin is $750,000. That’s the maximum value the state places on any human life lost to medical negligence, no matter the circumstances. But the minimum cost to pursue a medical malpractice case is $250,000 in legal fees and expert witnesses. Doing the math, an attorney can take one-third of the settlement, $250,000 on a maximum case but they’ll spend $250,000 just to get to trial. Their best-case scenario is breaking even.

Schara’s own attorney, widely considered the best medical malpractice attorney in Wisconsin, told him: “Even in slam dunk cases like this appears to be, we only have a 1-in-10 chance of winning.”

“The defense, the doctors, by state statute, have to have medical malpractice insurance,” Schara explained. “They have literally no skin in the game in our lawsuit. The insurance company is paying all of the legal fees. I’m paying our legal fees personally.”

The “Alt privilege” wall

During depositions, Schara’s attorneys would ask nurses and doctors straightforward questions about what happened to Grace. “The attorneys for the defense would not let them answer the question. They would say, ‘Alt privilege,'” Schara recounted.

As noted by BrightU.AI‘s Enoch, Alt was a 1998 Wisconsin court case that established that a doctor can’t testify against another doctor. This precedent has become what Schara calls another shackle on the process of proving a case.

“So these nurses can’t even comment about anything another person did, another nurse, another doctor. The doctor can’t comment. This is crazy.” The result creates a system where healthcare providers can refuse to participate in accountability and the law backs them up.

Ascension Health, the hospital system Schara is suing, has $30 billion in cash. “They’re going to do whatever it takes to win this case, buying juries, threats, payoffs. They’re going to try to get us to settle, whatever it takes,” Schara said. “They do not want this case to go to public.”

The defense recently filed a gag order motion, something Schara finds telling: “If you got the truth on your side, why do you need it hidden from the public? It’s ridiculous.”

The lawsuit that keeps growing

The lawsuit, Scott Schara v. Ascension Health et al., was filed on April 11, 2023, in Wisconsin’s Circuit Court for Outagamie County. An amended summons and complaint were filed on July 28, naming 14 defendants, including Ascension Health, five medical doctors, four John Doe medical providers, two registered nurses and the Wisconsin Injured Patients and Family Compensation Fund.

On July 14, 2023, motions to dismiss the wrongful death charges were heard in front of a courtroom packed with over 100 people supporting the Scharas. A three-week jury trial is scheduled to begin on November 4, 2024.

Schara says the key point of his lawsuit is to overturn a legislative immunity that surrounds the medical profession. “This bellwether case is about something much bigger than mere malpractice,” Schara said. “Its impact will reverberate nationally.”

His goal is simple: save lives. “If we had had informed consent, Grace would be with us today.” But for Schara, the answer isn’t just litigation. He’s founded Our Amazing Grace’s Light Shines On, a nonprofit that now hosts 115 stories of hospital protocol victims. He hosts a podcast called “Deprogramming with Grace’s Dad” and worked with a producer to develop a documentary titled “Breaking the Oath.”

“I believe that we all have a responsibility to do our part,” Schara said. “When the cabal tries to do things, fear is always the underlying thread. No matter what they’re going to throw at us, we know whatever is coming next will have that thread of fear. When we sense that fear, we’ve got to go opposite.”

Want to learn more?

The series is streaming for a limited time. This is your front-row seat to the conversations medicine has been designed to avoid. But if you want to view the series at your own pace, you can purchase the “Beyond The Diagnosis” gold premium package here.

Upon purchase, you will get instant and unlimited access to all 12 episodes and 12 bonus episodes, full-length interviews with all 60+ experts, free autoimmune health assessment including a 1-on-1 consultation with a specialized health advisor, four live group coaching sessions with Jonathan Otto, two live masterclasses, nine “Beyond the Diagnosis” eBooks, five-part mini-series titled “The Nervous System Reset: Nature’s Way to Reverse Chronic Illness” and more.

Watch the trailer for “Beyond The Diagnosis” by Jonathan Otto.

This video is from the BrightU channel on Brighteon.com.

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