Medical Malpractice and Nursing Home Abuse Devestate Millions of Americans

An infant is fed sodium while in the hospital rather than formula, causing brain damage. A sponge is left inside a patient after bladder surgery, resulting in infection and permanent injuries after it was removed. A farmer dies after complaining to hospital staff for six hours that he was experiencing chest pain and trouble breathing. A woman suffers a heart attack after her pharmacist fills her prescription with an anti-diabetic medicine instead of the beta blockers she was supposed to have. A father-grandfather-husband suffering from dementia is sexually assaulted repeatedly by young certified nursing assistants while a resident of a local nursing home.

These are all ACTUAL cases from the files of SiebenCarey, and represent just a fraction of the medical malpractice and nursing home abuse lawsuits we’ve handled over the past 65 years. If you are here because you or someone dear to you has suffered medical malpractice – also known as medical negligence, medical errors or wrongful death – or nursing home abuse, we know from years of firsthand experience with families like yours the devastation you are  experiencing.The shocking truth, however, is that nearly half a million people die each year from terrible mistakes at hospitals, clinics, nursing homes and pharmacies, as well as from defective medical devices. That makes medical malpractice the third leading cause of death in the United States after heart disease and cancer, truly an epidemic!

Successful Representation Demands Experience, Resources and Dedication

There are no shortcuts to handling a medical malpractice or nursing home abuse claim. Success demands expertise in medical diagnosis and treatment, surgery, physical rehabilitation, nursing and aftercare, medications and medical records, insurance and the latest health care technologies. Lawyers, staff, investigators and expert witnesses must work together seamlessly as a team to prepare a case that will meet the extremely high legal threshold required to prove substandard care and/or negligence. Meanwhile, standing on the other side is big-business health care with major clout, high-priced insurance company lawyers and a deep financial interest in fighting every claim no matter the cost.

Let's Cut to the Chase. Don't Roll the Dice

SiebenCarey is one of the very few personal injury law firms in Minnesota that has a dedicated medical malpractice department with lawyers and specially-trained staff who have been protecting the rights of patients and their families for decades. Check the results of our award-winning medical malpractice attorneys over the years. Ask other lawyers who voted 15 attorneys from SiebenCarey onto the annual SuperLawyer list, an honor reserved for only 5 percent of the Minnesota Bar.
 
So, before you hire someone else, ask yourself: Does s/he have a proven track record in this complex area of medical malpractice or nursing home abuse cases to protect your rights and the interests of your family? Don’t roll the dice if you are not absolutely sure. Call SiebenCarey for a free consultation with a knowledgeable member of the medical malpractice department!

Medical Malpractice: Definition, Injury Types and Red Flags

The first challenge when considering possible medical malpractice is to understand exactly what it is and isn’t:

Medical malpractice is defined as any act or omission by a physician {or other health care provider) during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. – National Institute of Health (Emphasis ours.)

The sticking point in any case of potential medical malpractice (sometimes called medical negligence, hospital negligence or wrongful death) is to prove that whatever a health care provider did or didn’t do “deviated from accepted norms of practice.” It is a common misconception to think that any bad outcome following a health care procedure or treatment is automatically medical malpractice. A surgeon, for example, may do everything right during a tricky heart surgery as defined by the accepted standard of care but still lose the patient. Bad outcome, surely, but not medical malpractice.

Now before we go one step further, DON’T THINK you have to decide if you or a loved one suffered medical malpractice. Medical jargon and explanations are tough enough to understand, and you already have plenty to worry about. That’s our job and we are standing by right now whenever you are ready ask that question.

Common Types of Injury Due to Medical Mistakes and Negligence

Here are the most common types of medical malpractice:

Birth Injury Malpractice

Any injury suffered by a mother or baby as result of an error during obstetrical care, either during childbirth or aftercare.

Hospital Negligence

Most deaths caused by medical malpractice occur in hospitals, an estimated 200,000 to 400,000 per year.

Surgical Errors

Common examples include surgery on the wrong area of the body, on the wrong patient or leaving items inside the body after surgery.

Misdiagnosis

Human error leading to a misdiagnosis and injury can happen in any health care setting, from urgent care to clinic to hospital. Common examples: misinterpreted tests, delayed diagnosis or no diagnosis at all.

Medication Errors

Anyone in the chain of care, from doctor to nurse to pharmacist, can cause a serious and negligent medication error. Most common examples are wrong dose, wrong medication or wrong directions for administration.

Nursing Home Abuse

As the baby boomers age and a surge of patients hit nursing homes and assisted living facilities, the incidence of nursing home negligence and abuse is up as well.

Heed These Red Flags When Considering Possible Hospital Negligence, Medical Malpractice

Every patient is different. Every medical situation is different. So, until there is a thorough review of the facts in your case, it’s impossible to say if medical errors occur when treatment does not go as intended or the wrong plan was used in the first place. However, here are a few of the red flags we look for when reviewing potential malpractice cases:

Diagnostic & Treatment

  • Error or delay in diagnosis
  • Use of outmoded tests or therapy
  • Failure to act on results of monitoring or testing
  • Error in the performance of an operation, procedure or test
  • Error in administering the treatment
  • Error in the dose or method of using a drug
  • Avoidable delay in treatment, or in responding to an abnormal test

Preventative & Other

  • Failure to prevent or respond to infection
  • Inadequate monitoring or follow-up treatment
  • Failure of communication
  • Equipment failure

We also know that patients are at greatest risk to med mal, misdiagnosis and medication errors during transition from one health care setting to another, whether from one part of a hospital to another, from hospital to nursing home, from hospital to home or even from one pharmacy to another pharmacy. Miscommunication during a hospital or nursing home shift change can also trigger medical negligence or a medicine error.

Trust in Minnesota’s Top Medical Malpractice and Nursing Home Lawyers

So where does this leave you in your search for answers to the question, “Was I or a loved one the victim of medical malpractice or just a bad outcome?” Our advice: Trust your gut!

Any doubts whatsoever, contact SiebenCarey, one of the only personal injury law firms in Minnesota with dedicated medical malpractice attorneys. Why? Because most firms don’t have the award-winning lawyers, veteran staff or the financial resources to take on the complex litigation required for medical malpractice, birth injury, nursing home abuse and wrongful death cases. Even fewer firms have our 66-year track record of success, including dozens of multi-million dollar verdicts and settlements.

We Listen First, then Guide Your Medical Malpractice Case Every Step of the Way

Nothing could be more frightening than a serious health care injury when the goal was just to get better. You need to tell your story first. Share with us your anger, sadness, frustration and confusion with the medical care you or loved one received. We’ll listen carefully because there is a lot at stake here for you and those closest to you. Then we’ll go to work with a thorough and honest assessment of all your legal options!


Our Know Your Rights Guide Map to Preparing Your Medical Negligence Case:

Do You Have a Claim for Medical Negligence?

Our first job after you tell us the circumstances of the medical care that led to injury or death is to determine whether the claim meets the two-part legal threshold for medical malpractice. Part 1: Did the care providers deviate from what in the law is called “the standard of care.” Part 2: Was there injury or death as a result?

Depending on your situation, we may need to wait and see if you heal or something else changes in your medical condition. If we believe your claim meets these high legal thresholds – based on our experience handling hundreds of medical malpractice, hospital negligence, misdiagnosis and medication error cases – we take the next step toward filing a lawsuit.

Extensive Medical Records Review

Once we have your authorization, we’ll contact all the parties involved to get copies of the extensive medical records associated with any medical procedure. Then the SiebenCarey medical malpractice team of lawyers, paralegals and investigators will conduct an exhaustive in-house review of all medical records and other relevant documentation.

Review by a Medical Expert as Required Under Minnesota Medical Malpractice Law

If we think we can file a medical malpractice lawsuit after this thorough preliminary investigation, there is one more hurdle. By law in Minnesota, we must retain an independent medical expert (usually a doctor or some other type of medical specialist) to state officially that in his or her opinion the standard of care was breached and there was an injury.

Malpractice Lawsuit Is Filed

The initial documents of the lawsuit will specify each category of “loss” suffered, such as pain and suffering, permanent disability, and lost income for injury claims or loss of aid, comfort, assistance (financial and otherwise), companionship and protection for wrongful death claims. Note that getting to this point could take three to six months or more.

Discovery Begins for Both Sides

Information is now exchanged with attorneys representing the medical provider. This could include additional documentation as well as depositions, which are sworn testimony taken by both sides from the health care providers involved, expert witnesses, the patient and any family members who were impacted by the medical error to their loved one. Much of this process is regulated by Minnesota law.

Cases Can Settle Before Trial, But Not If the Offer Is Less than You Deserve

At any time before trial, the lawyers for the healthcare organization and/or providers involved in the case may offer to settle. This is crunch time for many lawsuits and a critical decision we will discuss and make together as your legal team. We’ll tell you if we think the offer is fair based on the specifics of the case, the damages involved and past experience with the health care insurer and its lawyers. We’ll also tell you if the insurance company is lowballing you and that we should fight rather than accept less compensation than you deserve.

What the other side knows is that unlike some law firms, SiebenCarey will not back down for the sake of a quick settlement. They know we have winning lawyers, dedicated staff and the significant financial resources needed to take the case to trial. They know if we win, we even have an appellate staff standing by to fight an appeal. Meanwhile you focus on your recovery, your family and your future with COMPLETE confidence knowing you have the full weight and reputation of Minnesota’s original personal injury law firm on your side!

No Cost, No Risk to Know Your Rights

Sure, you might be thinking a lot of this sounds like legalese, which is all the more reason you need to Know Your Rights today in a case of possible medical malpractice, nursing home abuse, hospital negligence or medication error. It won’t cost you a cent to pick up the phone, and at the very least you will get answers to your tough questions. Common sense, honest, straight-forward answers. Guaranteed!

Minnesota Medical Malpractice and Wrongful Death Verdicts and Settlements

Here from our case files are just a few of the hundreds of verdicts and settlements we’ve won on behalf of our med mal and wrongful death clients over decades of successful representing injured Minnesotans:

Our Medical Malpractice Team Is Dedicated to Your Success

Big law firms sometime mean big bureaucracies. Clients can be passed down from senior partners to less experienced associates or shuffled from one attorney to another, one assistant to another.

Not at SiebenCarey!

Each of our lawyer and staff teams are like small-town law firms with all the financial resources, technical support and name recognition of Minnesota’s largest personal injury law firm. That means personalized, caring representation from the same lawyer and support team, start to finish. They may downplay what happened to you as a “simple mistake” or “just human error,” but we never forget these mistakes can have devastating lifelong consequences.

Four More Reasons Why We’re the Right Team for You

Award-winning Attorneys

SiebenCarey medical malpractice lawyers are consistently recognized by their peers as the very best, whether as a “Super Lawyer,” as one of the “Best Lawyers in America” or as a Certified Civil Trial Specialist.

Exceptional Staff

Our dedicated and highly-skilled staff, including paralegals, clerks, legal assistants, researchers and technology experts, are continually upgrading their skills to the highest levels in their field.

National Recognition

U.S. News and World Report has named SiebenCarey one of America’s best law firms EVERY year since 2010, the first year the ranking was granted to law firms.

Client Trust and Referrals

SiebenCarey is distinguished by a high rate of referrals from clients and past clients, their friends and families, and other attorneys.

Why Hire an Attorney that Doesn’t Concentrate in Medical Malpractice?

If you were flying in an airliner, you wouldn’t want a pilot at the controls who has only rated for small planes. Nor would you ask a plumber to fix a serious electrical problem in your home. The same is true when hiring a lawyer for suspected cases of medical malpractice, hospital or surgical negligence, birth injuries, misdiagnosis or medicine errors. Insist on proven experience in successfully handling the complex and specialized area of medical malpractice. Insist on SiebenCarey!

The Clock Is Ticking to Gather Crucial Evidence, Make Legal Deadlines

The sooner you contact any of our widely-recognized medical malpractice attorneys, the better! And that’s not a pressure tactic just to get you to call.

Building your case and, if necessary, taking it all the way to trial can be a complex and lengthy process. We’re talking nine months to two years or more. Every day that passes makes it harder to gather and preserve critical evidence, especially as memories fade. And the longer you wait, the longer it takes to put this all behind you and get you back on your feet again.

Another clock is ticking as well, and it’s called Minnesota’s medical malpractice statute of limitations. Adults typically have just four years to file a medical injury lawsuit from the date “the cause of action accrued,” children a bit longer depending on the circumstances. In a wrongful death medical malpractice case, the time limit is three years from the date of the death, but no more than four from the date the cause of action accrued.

No Risk to Call; No Fees Unless We Win

There’s no risk and no cost to call and talk about your misgivings. Medical malpractice cases are difficult enough to unravel even for professionals, so it’s not surprising that you are confused and intimidated. If we don’t take your case, you’ll get your questions answered and maybe just a bit more piece of mind then you had before you made the call.

If we take your case, it won’t cost you one cent up front to stand toe-to-toe with the big health care providers, their insurance companies and their high-priced corporate lawyers. That’s because our fees are charged on a contingency fee-basis, which means that we only take a percentage of any award you receive if you win. No upfront retainer, no inflated hourly fees. This is welcome news when you may already be dealing with multiplying co-pays, a mountain of medical bills and lost ability to earn a living.

Get this Behind You, Tell Us Your Concerns Today

We’re the “Know Your Rights” attorneys for a reason. If you think you or someone near and dear to you has been injured by a medical error, contact us today and let’s talk. The call is free. The advice is free. The rest is up to you.

Call us at 1-800-4-RIGHTS (24 hours a day)

Or

 

Start your free case evaluation now

Client Reviews

out of 24 reviews
Thai Vuong

I had the opportunity to work with Art and his staff. They were fabulous and I would definitely recommend them to family and friends. They helped me through my claim getting a result beyond my expectations.

Susan McIntosh

Art and his staff are extremely professional and easy to work with. Having a local attorney is very convenient. It is clear these folks have been doing this a long time. I highly recommend this firm!

St. Paul Local 12
Thanks for everything, your experience paid off BIG!!!
Kelli Bechtel

Finding a great personal injury attorney can make all the difference in the world on how your case turns out. I’ve known Art and his staff for years having had the opportunity to see what they can do. If something unfortunate happens and you want results, answers and the ability to feel comfortable with your representation, give them a call. I’m so glad I’ve had a chance to get to know them.

Jenna L. at Insider Pages
I have had nothing but great service with these guys. They are very knowledgable on a wide variety of subjects and topic. They will help you with any case you need!
Ryan Betzina

I have known Mr. Kosieradzki for several years and every patient who has ever consulted him for legal services has given him rave reviews. His level of communication with me and my patients is outstanding. For anyone needing legal advice on a personal injury matter we highly recommend him and his team!

Steve Miller

I've know Art Kosieradzki and the folks at SiebenCarey for nearly 30 years. When my mother-in-law needed an attorney after a roll-over accident, I sent her to SiebenCarey. They were compassionate and professional. I'd recommend them to anyone who wants a personal injury lawyer they can trust.

Daniel Ball
Really good professionals, they solved my issues in no time using the most impressive and advanced approach. Really good, highly recommended
Roberta Jordan

My family was referred to Susan Holden at SiebenCarey by our hometown attorney in a wrongful death case.  She was very accommodating to us and very approachable. Staff was top notch and doggedly pursued two different insurance companies to accomplish an outcome far beyond anything we'd anticipated. We could not have gotten results close to what she achieved without her. We will be forever appreciative. 

Tanya Miller

I have been working with Art for many years now, and have always been impressed by the care he gives his clients. Art and his staff are compassionate, dedicated people that I would trust with any personal injury crisis.

Robin Wilson

Attorney Kosieradzki is a man of intelligence, experience and integrity. I would whole-heartedly recommend his services to anyone.

Annalise Backstrom

I worked for Art at SiebenCarey for a few years while I was in college and it was a great experience. Art is always friendly and treats everyone with respect, including his clients. He is extremely intelligent and a fantastic attorney. I can confidently say that Art and his staff go above and beyond for their clients and work incredibly hard on all of their cases. They are passionate, trustworthy, and dedicated. If you're looking for representation in a personal injury matter, go see Art Kosieradzki with SiebenCarey - I guarantee that you will not be disappointed!

Jazz Smith

SiebenCarey is a professional and dedicated law organization that help accident victim.

Bob Levin
I was very pleased with John and the services he provided. I would highly recommend him.
Sean Tyson

Had a great response and was very pleasant. The whole process was simple and easy and had more than I thought.

Scott Wilson

I've worked with Art Kosieradzki as co-counsel in a number of major personal injury and coverage cases, and I know his abilities. He is a top-flight trial lawyer and he has the results to prove it. At least two of his attributes may not be immediately apparent, however: First, he's creative and has achieved large recoveries where a lesser lawyer might have given up. Second, he cares and he has time for people. The latter is a precious quality in our hard-driven profession. Add to that an excellent and personable staff and the backing of the powerhouse SiebenCarey law firm, and what you have in Art is simply this: the right lawyer.

Scott Reeve

The Lakeville SiebenCarey office has been great to work with. They listen and they care about their clients. I have very much enjoyed getting to know the folks in Lakeville, and would highly recommend any of the SiebenCarey Personal Injury Attorneys.

Art Kosieradzki from the Lakeville office cares about each of his clients and is an excellent attorney.

Steve Erwin

I have referred several personal injury and wrongful death cases to Susan Holden for handling. Susan has been very professional in her approach to these cases and has obtained settlements on behalf of the clients. She also is very courteous, knowledgeable, and has a great "bedside manner" in dealing with her clients. Several clients have thanked me for referring their cases to Susan.

Sheryl Nixon

Jeff Sieben was the first one I talked to about my injury. I was not sure if there was even a case. But as the months went by and my pain got worse, the seriousness of the injury became apparent. Jeff took on the case and put me at ease about the medical bills and calls. He was professional in his attitude while being compassionate to my situation. I have recommended him to others and will continue to do so. 

Sarah Peterson

It was a great experience working with Jim and his entire team! Always felt well taken care of and someone was always there to answer my many questions! Thanks!

Align Chiropractic

Art and his team at SiebenCarey in Lakeville are top notch. Professionally, they are very easy to work with. I know first hand that their clients are taken care of. If you have been in an Auto Accident, or have experienced any type of injury. Art and his team at SiebenCarey are where you need to go.

Cynthia Vermeulen

I have worked on cases with Sue Holden of Sieben Carey for over 20 years. As a trial attorney, I feel confident referring my clients with personal injury issues to Sue, as I know she and her team take the time to listen to their clients, explore and explain their options, monitor their recovery with compassion and persistently advocate for them in negotiations and in court. Sue has the utmost credibility in the legal community and an ability to resolve complex problems. She is highly respected by the courts as well as attorneys for her competence and steadfast dedication to helping injured people. I recommend working with Sue Holden and her team without reservation.

Troy Rognrud

In June of 2013 I was enjoying a ride on my vintage motorcycle, and was severely injured by an inattentive motorist, sending me to the hospital, physical therapy, and amassing a considerable amount of debt.

Fortunately I made contact with Robert Hauer, and Paul Downes with SiebenCarey!
Paul walked me through the entire process, explaining in layman's terms as to what to expect, and he continued to keep me informed as each step was reached.

Ultimately we used mediation to reach a settlement that allowed me to pay off my outstanding bills, and to bank an amount that gave me some peace of mind.
If by some unfortunate incident you ever have need for the services of a personal injury attorney, I highly recommend SiebenCarey... Thanks Paul!

Alyssa Mark

If you want a caring and skilled lawyer with integrity I highly recommend Art Kosieradzki. The thing that immediately struck me was that he seemed to genuinely care about me and my situation. I felt comfortable right away. He and his staff are great to work with; they are highly competent and knowledgeable. He helped me and my family greatly, and I can't thank him enough!

Award Winning Know Your Rights Attorneys

Civil Trial Specialists

8 Civil Trial Specialists -
Minnesota Bar Association 4 Board Certified Trial Advocates, National Board of Trial Advocacy.

2017 Super Lawyers

Also awarded in:
2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008

2018 Best Lawyers in America©

Also awarded in:
2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008.

2018 U.S. News Best Law Firms

Also awarded in:
2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010

Attorneys of the Year

4 of our attorneys have been recognized as Attorneys of the Year