Minnesota Nursing Home Neglect and Abuse

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Star Tribune Questions the Minnesota Department of Health’s Nursing Home Investigations

By Kosieradzki Smith Law Firm

February 19, 2017

On the front page of today’s Star Tribune, investigative reporter Chris Serres questions the effectiveness of the Minnesota Department of Health’s commitment to protecting residents of Minnesota nursing homes.  This is an issue that the Kosieradzki Smith Law Firm has been adamantly pursuing for years.  The Star Tribune article, entitled “Minnesota health regulators can’t keep up with abuse reports,” features a case the Kosieradzki Smith Law Firm is handling on behalf of the family of Alvera Solyst. The article also quotes Mark Kosieradzki:… Read More →

Head of Chemical Dependency Center Rapes Vulnerable Client

By Kosieradzki Smith Law Firm

February 3, 2017

Meridian Behavioral Health, LLC, made the decision to hire “a recovering methamphetamine addict with an extensive criminal history — including a charge for engaging in prostitution” for “one of the largest chemical dependency treatment centers in the state” is the conclusion from a February 2, 2017, investigative report from the Star Tribune. The article further concluded that the employee, Bruce Biddlecome, “threatened a female patient and coerced her to have sex with him at Douglas Place Treatment Center in East… Read More →

Fighting Against Unfair Nursing Home Arbitration Clauses

By Kosieradzki Smith Law Firm

January 30, 2017

Today’s Star Tribune has a front-page article focusing on the dangers of forced arbitration clauses contained in nursing home and assisted living admission agreements.  The article features a Kosieradzki Smith Law Firm case and Joel Smith (left). Investigative reporter Chris Serres warns: “Over mounting objections from consumer groups and regulators, arbitration agreements … are proliferating in the senior care industry. Hundreds of Minnesota nursing homes and assisted-living centers now request that elderly people sign arbitration clauses on admission. The clauses require them… Read More →

Kosieradzki Smith pursues punitive damages for nursing home narcotic overdose

By Kosieradzki Smith Law Firm

December 21, 2016

This past Monday morning, Joel Smith was in court in Austin, Minnesota, pursuing a punitive damages claim against the St. Mark’s Lutheran Home nursing home.  The case involves an overdose of Fentanyl (a potent narcotic). The nurse who caused the overdose testified that she had not been trained or supervised on the administration of Fentanyl. The motion hearing was covered by the Austin Herald, which reported: “The plaintiff’s attorney, Joel Smith, however, insisted the home had a ‘systemic and continuous… Read More →

Kosieradzki Smith wins settlement in elopement hypothermia case against assisted living facility

By Kosieradzki Smith Law Firm

December 20, 2016

Mark Kosieradzki and Joel Smith have reached a successful settlement of a significant wrongful death action against a St. Paul assisted living facility, Cerenity Residence on Humboldt. On a frozen November morning, a visitor looked outside through a second-floor window and saw a woman’s body lying on the facility’s back patio. The outside temperature was 14°F with a wind-chill temperature of 0°F. The visitor called 911 and informed a staff member. The staff member went outside to the patio, which… Read More →

Kosieradzki Smith client successfully challenges Health Department’s flawed investigation

By Kosieradzki Smith Law Firm

November 8, 2016

As reported in today’s Star Tribune, the Minnesota Department of Health  (MDH) has reversed its earlier decision regarding the death of resident at the Minnesota Veterans Home-Minneapolis nursing home.  The MDH originally determined that the Minnesota Veterans Home-Minneapolis did not neglect the resident.  As the Star Tribune reports, “Reversing a previous conclusion, state investigators are faulting management of the state veterans home in Minneapolis for the death of World War II veteran who fell from a mobility sling last year and broke… Read More →

Trial Guides Features Mark Kosieradzki’s Skills for Deposing Corporations

By Kosieradzki Smith Law Firm

October 18, 2016

Trial Guides, a legal media company that brings trial lawyers cutting edge trial strategies by the nation’s leading trial lawyers, jury consultants and experts, has just announced the release of its latest offering — “Using 30(b)(6) to Win Your Case.”  The video captures Mark Kosieradzki in action, teaching other trial lawyers from around the country how to successfully examine corporations and other organizations.  Described as a “powerful tool in your cases against corporations, organizations, and government entities,”  “the nation’s leading author on 30(b)(6)… Read More →

TOPICS:   Firm News, News

Andrew Gross teaches trial lawyers about government nursing home liability

By Kosieradzki Smith Law Firm

October 1, 2016

Andrew Gross recently spoke to the Texas Trial Lawyers – Nursing Home Section regarding the use of 42 U.S.C. § 1983 to hold Texas nursing homes accountable for their violations of resident rights. In Texas, private nursing homes have begun selling their licenses to the county, which then enters into a management agreement with the private nursing home.  This maneuver is intended to provide additional revenue to the counties, while providing governmental immunities to the nursing homes. However, the nursing… Read More →

TOPICS:   Firm News, Firm News, News

New federal law bans mandatory arbitration laws in nursing home contracts

By Kosieradzki Smith Law Firm

October 1, 2016

The Centers for Medicare and Medicaid Services (CMS) released a new rule this past Wednesday that prohibits nursing homes from forcing binding arbitration on residents.  For years, many nursing homes in Minnesota and throughout the country included clauses in their admission contracts that required patients and families to agree in advance not to sue the nursing home, even if the patient were abused, tortured, raped, neglected, or otherwise injured or killed in the nursing home.  Instead, these nursing home contracts required patients and their… Read More →

Mahnomen nursing home’s narcotic overdose kills resident

By Kosieradzki Smith Law Firm

April 6, 2016

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Mahnomen Health Center nursing home in Mahnomen, Minnesota. A complaint was filed with the Department alleging that a resident was neglected when a staff member administered a dose of morphine that was ten times what was ordered. The resident died less than two hours later. The Department investigated the matter and found that the facility had failed to transcribe narcotic medications accurately and the resident… Read More →