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Medical Malpractice Attorney in Marseilles

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About Carlson Bier Associates

When it comes to protecting your rights during a distressing moment of medical malpractice, Carlson Bier Advocates stands as your trusted partner in Marseilles. Boasting an esteemed reputation within Illinois, we possess considerable expertise and knowledge in the field of medical law. We are proactive legal representatives dedicated to seeking justice for patients wrongfully harmed by healthcare errors. Each case presents unique circumstances; our experienced attorneys rigorously investigate every detail to ensure no stone remains unturned. With decades of successful verdicts, we have become synonymous with earnest advocacy and diligence, relentlessly pursuing rightful compensation for clients affected by medical negligence. Our approachability and empathy combined with our tenacious pursuit of truth establish us as a preferred choice among those who’ve suffered from gross incompetence within the healthcare industry. Trust that at Carlson Bier Advocates, you aren’t just another client – you’re family demanding justice together! Connecting individuals with their inherent rights while assisting them through challenging times is more than a profession for us – it’s a commitment that defines Carlson Bier Advocates!

About Carlson Bier

Medical Malpractice Lawyers in Marseilles Illinois

Located in the heart of Illinois, Carlson Bier is your committed personal injury lawyer group with an unwavering dedication to fighting for victims of medical malpractice. Our decades-long history of providing exemplary legal services defines us as a firm that prioritizes transparency, empathy and relentless action. As we delve into the topic of Medical Malpractice, our goal here at Carlson Bier is to empower you with knowledge so that, together, we can build a solid foundation for your case.

Medical Malpractice refers to situations where a healthcare provider fails to meet an established standard of care while treating their patient resulting in harm or injury. When these disheartening circumstances occur, patients should be aware that they have legal recourse and may be eligible for monetary compensation.

• Failure To Diagnose – This happens when a physician’s oversight results in delayed or misdiagnosis leading to unfavorable outcomes.

• Surgical Errors – From disastrous mistakes like wrong-site operations or operating on the wrong patient altogether; surgical errors form another vast constituent of medical malpractice.

• Medication Errors – Instances include prescribing incorrect medication/ dosage amount or significant delay in administering necessary drugs.

At Carlson Bier, it’s important that you understand proving medical malpractice isn’t just about highlighting an error. You must provide compelling evidence to support three key elements: Duty (the doctor was responsible for your care), Breach (doctor failed to adhere to acceptable standards) and Damages (you suffered harm/injury because of this breach). Lastly and imperatively, Causation: demonstrating without reasonable doubt how exactly the breach led directly to your harm/injury.

Malpractice laws are complex and differ across states – varying from statutes of limitations (how long victims have since awareness of negligence/ injury till filing a lawsuit) right down intricacies in damage caps (limits set by law concerning amounts recoverable). In Illinois specifically:

• Statute Of Limitations – Victims generally have two years from awareness of negligence/injury to file a claim; beyond which their opportunity is most likely lost! But certain exceptions may apply.

• Damage Caps – Unlike in some states, Illinois does not cap or limit damages possible for medical malpractice.

Navigating these challenging laws can be overwhelming. Carlson Bier eases this burden by offering expert counsel every step of your legal journey. Our team’s deep understanding and adept knowledge about intricate aspects of law amount to an unparalleled edge – making all the difference whether you’re negotiating settlements outside court or battling it out in a lawsuit.

At Carlson Bier, our unwavering commitment extends beyond just winning cases. We strive for justice with empathy and patience that your unique situation deserves. Post-accident trauma can be unnerving and chaotic; we ensure timely updates without complex legalese deciphering alleviating unnecessary stress during this trying time.

Our assurance to precision, meticulous research and preparation combined with passionate advocacy empowers us consistently in achieving favorable resolutions. This ability to balance aggressive assertion where necessary while emphasizing diplomacy has positioned us as a beacon within personal injury arena.

We understand questions regarding potential case value arise frequently; settling anxieties related to finances is important which is why we offer ‘no recovery, no fee’ model ensuring you won’t pay unless we win for you! Medical bills accumulating? Lost wages stressing? The financial implications post injury are immense but be rest assured peace-of-mind hiring us means focusing on what truly matters: your recovery!

An educated patient empowered with guidance becomes their best advocate – this drives our mission at Carlson Bier so much so that we hope you’ve found tremendous value absorbing this information just like many patients have informed themselves do every day here on our website. It’s time now though… let’s take one step closer towards pursuing justice together!

Curious about your case’s worth? Wondering if there’s true scope for valid action based off circumstances surround your harm/injury? Let us guide you on the right path: Click the button below. Put our decades-long expertise to work and let’s discover together, just how much your case could be worth!

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Medical Malpractice FAQ​

Medical malpractice is negligence on the part of a healthcare professional that causes harm to a patient. Negligence occurs when a healthcare professional fails to meet the standard of care that is expected of them.

The most common types of medical malpractice include:

  • Misdiagnosis: This occurs when a healthcare professional fails to diagnose a patient’s condition correctly.
  • Delayed diagnosis: This occurs when a healthcare professional does not diagnose a patient’s condition until it is too late.
  • Surgical errors: These errors can occur during or after surgery.
  • Medication errors: These errors can include prescribing the wrong medication, prescribing the wrong dosage, or failing to monitor a patient for side effects.
  • Anesthesia errors: These errors can occur during or after surgery.

The signs and symptoms of medical malpractice can vary depending on the type of malpractice that occurred. However, some common signs and symptoms include:

  • Unexplained injuries: This could include injuries that occurred during surgery or injuries that were not properly treated.
  • Worsening condition: If a patient’s condition worsens after receiving medical care, it may be a sign of medical malpractice.
  • Unexpected death: If a patient dies unexpectedly after receiving medical care, it may be a sign of medical malpractice.

The treatment options for medical malpractice injuries will vary depending on the severity of the injuries. However, some common treatment options include:

  • Surgery: Surgery may be required to correct injuries that were caused by medical malpractice.
  • Physical therapy: Physical therapy may be required to help patients regain their strength and mobility after suffering an injury.
  • Occupational therapy: Occupational therapy may be required to help patients learn to perform activities of daily living after suffering an injury.
  • Medications: Medications may be required to treat pain and other symptoms of medical malpractice injuries.

Yes, you may be able to file a lawsuit for medical malpractice if you have been injured due to the negligence of a healthcare professional. A medical malpractice lawyer can help you understand your rights and options, and can represent you in court if necessary.

All Attorney Services in Marseilles

Areas of Practice in Marseilles

Pedal Cycle Collisions

Expert in legal advocacy for individuals injured in bicycle accidents due to responsible parties' carelessness or hazardous conditions.

Fire Burns

Offering specialist legal assistance for victims of severe burn injuries caused by events or negligence.

Hospital Malpractice

Providing specialist legal services for patients affected by medical malpractice, including wrong treatment.

Products Fault

Managing cases involving problematic products, extending skilled legal assistance to victims affected by faulty goods.

Elder Malpractice

Supporting the rights of elders who have been subjected to malpractice in aged care environments, ensuring restitution.

Trip & Stumble Mishaps

Adept in handling stumble accident cases, providing legal services to persons seeking restitution for their injuries.

Childbirth Injuries

Delivering legal support for loved ones affected by medical incompetence resulting in infant injuries.

Vehicle Mishaps

Collisions: Dedicated to helping patients of car accidents obtain appropriate compensation for harms and harm.

Two-Wheeler Collisions

Dedicated to providing legal services for individuals involved in bike accidents, ensuring rightful claims for traumas.

Trucking Incident

Offering specialist legal representation for persons involved in truck accidents, focusing on securing fair settlement for harms.

Building Site Incidents

Concentrated on advocating for laborers or bystanders injured in construction site accidents due to negligence or irresponsibility.

Neurological Impairments

Expert in ensuring professional legal assistance for victims suffering from head injuries due to misconduct.

K9 Assault Traumas

Skilled in managing cases for clients who have suffered traumas from dog bites or beast attacks.

Jogger Incidents

Expert in legal advocacy for joggers involved in accidents, providing professional services for recovering compensation.

Unfair Loss

Working for families affected by a wrongful death, delivering caring and expert legal services to ensure fairness.

Backbone Injury

Focused on assisting clients with vertebral damage, offering specialized legal representation to secure compensation.

Contact Us Today if you need a Person Injury Lawyer