Jacksonville Dentist Schneider Dental Malpractice Case / Claim UpdatePosted 10 Oct 2015 by Law Office of John M. Phillips
We wanted to provide an update to the various aspects of the dental malpractice claims, criminal investigation and pending lawsuit against Dr. Howard S. Schneider and his practice. There are several active civil and criminal investigations.
Law Office of John Phillips Client Meeting
Our clients are being contacted about a meeting this week to discuss details. It is a client-only meeting. Time and location will be disclosed in the email / letter.
JSO / Attorney General – Criminal Cases
We do not want to comment specifically about these issues because criminal cases are extremely sensitive, but these cases are still actively being investigated. We understand frustrations are high because no arrests have been made, but law enforcement is still gathering evidence.
Other Civil Claims
We served the mandatory pre-suit notices in 70 cases well over a month ago. In each case, we had an expert review the patient’s file and he testified, under oath, as to certain breaches of care by Dr. Schneider and his office. There is a mandatory 90 day period where parties can then take statements, conduct interviews and review documents before the law allows the victim to file any suit. We are in the middle of that period and are conducting discovery.
Why does the law require more to file a lawsuit against a doctor or dentist? Florida law protects medical professionals. We all want the best medical professionals in our city and state. So, to give good doctors a little better chance to avoid lawsuits, the medical malpractice laws compel any victim who has been harmed by a medical professional to proceed OUT of court at first, if they have been harmed in any way by the rendering or failure to render medical (or dental) services. The only exception is where there was a sexual assault or the harm clearly arose OUTSIDE of the rendering of medical services.
At least four or five other lawyers are also proceeding in such a fashion. We have been in touch with them and are working with them.
“Class Action Complaint” filed by Gust Sarris
Out of the five or six lawyers handling civil claims, only one lawyer has filed a lawsuit. He escaped dismissal of this suit a couple months ago because the judge failed to hear argument about the correct complaint. Mr. Sarris had an amended complaint pending before the judge. There was no filed Motion to Dismiss the Amended Complaint. The new complaint was necessary, in part, because 3 of the 4 clients listed in the first draft terminated that lawyer.
However, the judge recently allowed the amended complaint to be operative and a Motion to Dismiss was filed against it just this week. You can read that in full, here- Motion To Dismiss.
Dr. Schneider’s lawyers made such harsh commentary as, “The law does not, nor has it ever commended those who are willfully blind to the applicable authorities.” Schneider’s lawyers not only request dismissal of the entire lawsuit but sanctions against the attorney who brought it. In pages 14-15, Dr. Schneider’s lawyers also ask the Court to turn the victim’s lawyer, Mr. Sarris, into the Florida Bar for disciplinary review. It further asks for damages against him personally. A hearing should be set on this shortly and the Court will decide whether this action can proceed.
We hope that each victim has all of their rights preserved. Under medical malpractice, each victim has two years to begin a claim under the notice statute. If they do not, they may waive and lose some valuable rights. Much of the damages we have seen are alleged to be related to the rendering or failure to render proper professional services, as the claimed abuse and breaches occurred in the dental office. There are other claims outside of medical malpractice as well in our cases.
Schneider Divorce Case
We choose not to comment on the Schneiders’ divorce case, but it is still active, a part of the public record and the financial disputes between them continue. Motions have been filed for refusing to cooperate with discovery.
May 2015 – The Case(s) Against Schneider: Explained – http://floridajustice.com/the-cases-against-schneider-explained/
October 2015 – Jacksonville Dentist Howard S. Schneider Uses Vehicle to Intimidate? – http://floridajustice.com/HowardSchneiderDrivingIssues
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