Peter A. Schmit

From growing up on a small farm in Northern Minnesota, Peter Schmit learned the value of hard work, resilience, and determination, which are qualities that continue to define his 35 year legal career. As a nationally respected trial attorney, Peter now channels those guiding principles into his unwavering advocacy for individuals harmed by medical negligence and personal injury.

Peter leads Robins Kaplan’s National Personal Injury, Medical Malpractice, and Civil Rights Group, where he guides a team of professionals dedicated to securing justice for clients in high-stakes, life-altering cases. He has tried and settled numerous significant cases in Minnesota, North Dakota, South Dakota, Wisconsin, and Iowa involving all types of medical malpractice.

Peter’s influence extends beyond the courtroom. As the 61st President of the Minnesota Association for Justice (MAJ), he championed the theme “Pay It Forward,” promoting mentorship among trial lawyers, reinforcing the importance of the right to a jury trial, and engaging in legislative advocacy to protect access to justice. His commitment to mentorship and systemic change continues to shape the trial bar in Minnesota and beyond.

Peter has been recognized extensively for his professional excellence. He is a multiple-time honoree on Minnesota's Super Lawyers list, was named to the “Power List: Personal Injury Law” by Minnesota Lawyer in 2023 and has been listed among Lawdragon's "500 Leading Plaintiff Consumer Lawyers in America" for the past three years. He is certified as a Civil Trial Specialist by the Minnesota State Bar Association and has earned induction into both the American Board of Trial Advocates (ABOTA) in 2013 and the prestigious American College of Trial Lawyers in 2018.

A frequent lecturer and author on medical malpractice topics, Peter continues to educate and empower the legal community with his experience and insight. He currently lives in White Bear Lake, MN with his wife, Phyllis.

Education

• University of North Dakota School of Law, J.D., magna cum laude, Order of the Coif (1989)
• University of North Dakota, B.S., Criminal Justice, magna cum laude

Representative Matters

$1.25 million recovery secured in 2019 on behalf of a minor who was electrocuted while climbing a tree. The child sustained burns and muscular pain due to the electrocution.

$1.25 million settlement obtained in 2019 involving the post-operative care for a man with a severe back disease. The failure to recognize post-operative neurological deterioration resulted in additional neurological injury.

$625,000 settlement ($500,000 non-economic damage cap) in North Dakota in 2018 following the death of a man due to post-operative fluid overload following surgery to treat recurrent bladder cancer.

$750,000 settlement in 2018 on behalf of a client who had a below-the-knee amputation following multiple failed surgeries to fix ankle instability due to Ehlers-Danlos syndrome.

$1.75 million settlement obtained in 2018 on behalf of the family of a 50-year-old unmarried woman with adult children who died from a vehicle vs. motorcycle crash. As the woman was out for a motorcycle cruise in a Northern Minnesota city, a driver failed to yield to her right-of-way, causing a crash that led to her death.

$750,000 settlement in 2017 involving the wrongful death case of a 55-year-old man who died of a cardiac arrest several months after being seen for a history of chest pain and an EKG that, at the time, showed concerning changes that should have been followed up on. Defense contended that given the length of time between the EKG and death, which occurred several months later, even if further workup had been done it would not have been diagnostic.

$700,000 settlement in 2017 following the wrongful death case of 63-year-old man who died of cardiac arrest following an inadequate assessment. Defense contended the signs and symptoms were not suggestive of cardiac. The man was a well-liked diesel mechanic who planned to continue working at least two years. He left behind a wife and grown son.

$2 million pre-suit settlement in 2017 involving the wrongful death case of a 52-year-old mother who left behind a loving husband and two adult children. The defendant failed to act upon a pathology report that revealed cancer, leading to a 16-month delay in diagnosis. The cancer was of an extremely rare variety, and causation was an issue.

$1.3 million settlement in 2016 regarding a wrongful death case against a northern Minnesota hospital that failed to diagnose and treat massive internal bleeding in a 50-year-old woman following a routine back surgery. The hospital did not have the ability to repair the bleeding even though it was a known risk of the surgery. By the time the bleeding was diagnosed, there was very little time to accomplish the necessary transfer to another facility where the bleeding could be stopped. The transfer was frantic, chaotic, and ultimately the woman did not arrive at the accepting facility in time to save her life. This settlement, combined with a previous settlement that had been obtained against the surgeon who performed the surgery, resulted in a total recovery of $1.3 million on behalf of the woman’s family.

$1.5 million settlement in 2016 for a wrongful death case involving a mother of four who developed severe headaches and vision loss following the birth of her last child. Imaging revealed a brain mass that was consistent with an abscess or tumor. The defendant neurosurgeon, while recognizing that brain surgery was needed to relieve pressure, thought it acceptable to wait two weeks, as his opinion favored that the mass was a tumor rather than an abscess. A few days later, she again presented with worsening symptoms. And despite imaging revealing more midline shift, the defendant scheduled surgery for the next day. Unfortunately, the woman deteriorated further and emergency surgery was then performed. Post-surgery, imaging revealed the remaining abscess. As she deteriorated further, nurses failed to notify anyone, and she eventually herniated and died. According to the state of Texas’ damage caps, the total limit for this married, working mother of four was approximately $1.5 million.

$975,000 settlement in 2016 after Peter represented a 29-year-old speech pathologist whose surgical hysterectomy specimens were misinterpreted by the pathologist. This followed earlier misinterpretation of pathology when she was in college. Unfortunately, the statute of limitations had expired on that potential claim. This resulted in a 13-month delay in diagnosis of her endometrial stromal sarcoma (ESS) that drastically changed her prognosis.

$850,000 settlement in 2015 regarding the wrongful death case of a 42-year-old wife who was over-prescribed pain medications and not properly monitored. The case settled for $850,000. North Dakota has a non-economic damage cap of $500,000.

$850,000 settlement in 2015 regarding a Central Minnesota wrongful death case of a 55-year-old man who died within hours of being seen at an ER for chest pain and shortness of breath. Attorneys claimed the EKG was not properly read and that immediate referral/transfer was needed. Causation was disputed, since there was very little time to accomplish transfer/treatment.

$450,000 settlement in 2015 regarding a North Dakota survival action involving negligent neurosurgery on a 42-year-old disabled man who lived in a group home setting. After he collapsed at a restaurant, imaging revealed a benign brain tumor that needed to be removed. Defendant neurosurgeon attempted extraction and failed. The client was then sent to Mayo Clinic. Post-surgery, he had extensive vison loss and balance difficulty. Mayo doctors noted a path of destruction from the prior approach and were able to remove the remaining tumor. Unfortunately, his vison loss did not abate, and due to that and balance issues, the client was unable to return to his former home. Twenty-two months later, he died of an unrelated cause, so the case was a survival action concerned with special damages and the pain and suffering incurred during those months. Subrogated medical expenses of $72,000 were incurred.

$1 million settlement against a neurosurgeon in 2015 after representing the family of a 57-year-old woman who died from a lacerated artery that occurred during microdiscectomy lumbar surgery and a failure to promptly recognize, diagnose and transfer to a facility for repair.

$3.1 million settlement in a 2014 case involving a 61-year-old man admitted to the hospital for a hip revision. Failure to monitor during anesthesia induction led to brain injury.

$850,000 settlement in 2014 regarding the wrongful death of a 45-year-old North Dakota woman due to a failure to monitor effects of pain medication. North Dakota has a $500,000 cap on non-economic damages.

$1.78 million settlement in 2013 in a case involving a 42-year-old man with a history of spinal bifida, who has an artificial urinary sphincter (AUS) placed to help control urine. Any time a catheter is placed, the AUS has to be deactivated or there is a risk of urethral trauma. Patient has neurological surgery to address spinal bifida. Following surgery, urethral trauma noted and AUS noted to be activated in the presence of an artificial urinary sphincter. Due to urethral trauma, AUS has to be removed. During surgery to remove it six weeks later, the patient suffers brain injury. No identifiable cause of brain injury is ever identified. Defendants brought summary judgment on causation contending since cause of brain injury not identified, plaintiff failed to meet the burden of proof. The plaintiff prevailed.

$630,000 settlement in 2013 regarding negligent failure to protect an uninjured left leg following traumatic injury to the right leg results in compartment syndrome in a 33-year-old mother of six. No wage loss but ability to care for children impacted.

$925,000 result in 2012 involving an 18-year-old athlete who suffered a severe fracture of his leg playing football. Following repair, he developed compartment syndrome. Fasciotomies were performed and despite aggressive treatment, a below-the-knee amputation occurred to improve his level of function and pain. Classic signs of compartment syndrome were not present post-operatively. What was present were concerning signs that plaintiff’s expert felt deserved investigation. High/low agreement resulted in settlement of $925,000 post-defense verdict at trial.

$975,000 settlement in 2011 for a 68-year-old woman with a longstanding history of abdominal pain who developed a surgically-created bowel obstruction due to the surgeon maturing wrong ends of colon. Obstruction was not diagnosed and treated in a timely manner. The woman was very sick for an extended period of time. She recovered, but for some neuropathy resulting in difficulties with balance. No wage loss but activities of daily living affected.

$700,000 settlement on behalf of a 65-year-old woman with a presumed diagnosis of multiple sclerosis (MS) who begins to exhibit symptoms that were consistent with impending stroke or MS.  Imaging study showed narrowing of carotid artery, but the intervention occurred too late.  Patient suffered a stroke that has limited her ability to return to work full time.

$1.93 million settlement in a 2010 case involving a 53-year-old construction supervisor who had a laparoscopic cholecystectomy performed by a family practice physician. He documented "some difficulty" ascertaining anatomy. Post procedure, the patient complained of extreme abdominal pain, decreased urine output and other evidence of an acute abdomen. By the time the patient was transferred to a tertiary care center, he had ARDS, peritonitis and multiorgan failure from a bile leak. Patient required several weeks of hospitalization and was out of work for 18 months. Fortunately, patient recovered such that he returned to work full time, but still must limit his activities.

$1.3 million settlement in 2010 after a patient underwent bariatric surgery. Following surgery, the patient experienced the inability to eat and retain food and vitamins. The patient was readmitted to the hospital and testing revealed decreased B1 level. Unfortunately, the low level was not acted upon and the required Thiamine that was not given. The patient ultimately was diagnosed with Wernicke's syndrome, a neurological disorder that has left patient with some cognitive issues.

$783,640 total recovery in 2009 after a 72-year-old man suffered a cauda equina injury following back surgery, which resulted in bladder and balance issues.  No wage loss but activities of daily life affected. A verdict of $558,000, combined with a prior settlement against co-defendant, resulted in a total recovery of $783,640.

$2.375 million settlement in 2008 after a 22-year-old male suffered an additional brain injury from inappropriate medical care.

$1.05 million verdict in Fargo, ND in 2007 following a spinal cord injury due to a surgical instrument, which resulted in sensation and motor deficits for a 52-year-old chemical engineer.  No wage loss, but activities of daily life affected.

$1.4 million recovery in a 2007 case involving the wrongful death of a Wisconsin dairy farmer, after the failure to diagnose colon cancer.

$1.5 million result in 2006 following the negligent read of a head CT scan, leading to an aneurysm rupture in a 39-year-old woman.

$1.15 million result in 2006 after morphine toxicity was not timely recognized and led to the respiratory arrest and resultant brain injury in a 70-year-old woman.

$925,000 result in 2004 after a 49-year-old woman suffered a nerve injury from back surgery.

$1.3 million result in 2004 after a 50-year-old farmer died during cardiac surgery.

$1.55 million result in 2022 following the failure to stop progression of spondylolisthesis in a 20-year-old woman resulting in lack of bowel and bladder control.

$1.32 million result in 2001 after the failure to diagnose coronary artery disease in a 49-year-old brick layer resulting in a heart attack.

$800,000 result in 2001 after a 60-year-old man died of sepsis following urological surgery.

Press Releases

• Listed in “500 Leading Plaintiff Consumer Lawyers in America," Lawdragon (2022-2025)
• Named a "Minnesota Super Lawyer," Super Lawyers (1999-2006, 2010-2025)
• Listed in “The Best Lawyers in America,” Best Lawyers (2016-2025 Editions)
• Named to "Top Lawyers List," Minnesota Monthly (2023-2025)
• Named to “The Power List: Personal Injury Law,” Minnesota Lawyer (2023)
• Named an "Attorney of the Year," Minnesota Lawyer (2022)
• Named a "Health Care Law Trailblazer," The National Law Journal (2019)
• Received the "Top Ten Award," Minnesota Law & Politics (1996)

Civic

• American Board of Trial Advocates (ABOTA) Foundation, Life Fellow
• Southern Minnesota Regional Legal Services (SMRLS), Campaign for Legal Aid
• Urban Leadership Committee

Professional

• American College of Trial Lawyers, Fellow
• America's Top 100 Attorneys, Minnesota
• American Board of Trial Advocates
• American Bar Association
• American Association for Justice (formerly the Association of Trial Lawyers of America)
• Hennepin County Bar Association
• International Society of Barristers
• Minnesota State Bar Association
• Minnesota Association for Justice (formerly Minnesota Trial Lawyers Association), Past President
• Pound Civil Justice Institute
• Ramsey County Bar Association

Speeches

Peter Schmit frequently lectures on medical negligence and has spoken at several notable engagements, a selection of which are listed below.

• Robins Kaplan LLP 2023 Trial Advocacy Seminar, Minneapolis, Minnesota (November 16, 2023)
• The Changing Landscape of Provider Malpractice in Minnesota
  Minnesota State Bar Association, Edina, Minnesota (September 16, 2022)
• Medical Malpractice Conference (Co-chair)
  Hennepin County Bar Association, Minnesota Defense Lawyers Association, and Minnesota Association for Justice, Minneapolis, Minnesota (April 17, 2013)
• Dangers of Social Media
  North Dakota Trial Lawyers Association (July 15, 2011)
• Sometimes Less is More - Jury Awards
  Minnesota Association for Justice, Minneapolis, Minnesota (January 29, 2010)
• Online Social Networking Sites
  Plaintiff's Malpractice Association, West Palm Beach, Florida (April 5, 2009)
• Writing Expert Reports and Case Evaluations
  The Minneapolis Chapter of the American Association of Legal Nurse Consultants, Roseville, Minnesota (February 28, 2008)

Media Mentions

• “The 2025 Lawdragon 500 Leading Plaintiff Consumer Lawyers,” Lawdragon (February 28, 2025)
• "Southern Minnesota Regional Legal Services: A Beacon of Civil Justice," Attorney at Law Magazine (June 16, 2023)
• "Polar Plunge season continues in Minnesota," FOX 9 News (March 1, 2023)
• "2022 Attorneys of the Year: Peter Schmit," Minnesota Lawyer (February 16, 2023)