Thu, Nov 26 2009
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Kansas: Malpractice lawyers helped indict doctor Hutton told the AP that he and Wall focused on the medical part of the case, while federal prosecutors focused on billing and health care fraud.
Wichita attorney Dan Monnat, who does not represent any party in the Schneider cases, said that prosecutors and the civil attorneys handled their involvement in an upfront and professional manner. “A certain amount of cooperation is expected of people with their government in the investigation of crime. We like it when people are given the chance to voluntarily cooperate, rather than when threatened with prosecution and prison if they don’t cooperate,” he said. Wall represents the heirs of at least five patients whose deaths are mentioned in the federal indictment, including one of the four deaths the government contends the Schneiders directly caused. Hutton represents the families of four patients whose deaths are referenced in the indictment, including one of the alleged direct deaths. In at least two of Hutton’s earliest patient cases he turned over to the prosecutors, the statute of limitations had passed on filing civil lawsuits. Both attorneys also represent additional clients in other patient cases against the Schneiders, and they are looking at taking on additional cases. Wall said that even if the government seizes all of the doctor’s assets, his clients can still collect from malpractice insurance policies held by the doctor and clinic. “But these cases on behalf of these injured patients and the heirs have never been about the money,” Wall said. Still, Hutton acknowledged that the criminal action may have played a part in Stephen Schneider’s decision to settle two civil cases. “It makes the defense lawyers less desirous of trying the case when they have some doctor who is also a criminal defendant.” 
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