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Medical Malpractice Attorney in De Soto

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About Carlson Bier Associates

If you are seeking a reliable legal partner in De Soto to handle your Medical Malpractice case, look no further than Carlson Bier. As seasoned Personal Injury Lawyer firm based in Illinois, we’ve earned an exceptional reputation for providing comprehensive and personalized services that reflect our steadfast dedication to protecting clients’ rights. At Carlson Bier, we understand the devastating impact medical malpractices can have on patients – physically, emotionally and financially. That’s why our talented team is committed to thoroughly investigating all aspects of each case meticulously while striving for maximum compensation on behalf of every client using robust strategies tailored specifically towards their unique circumstances. With vast experience negotiating medication errors, surgical mistakes or wrongful diagnosis cases among others in Illinois courts; trust that choosing Carlson Bier ensures significant peace-of-mind during confusing times – guiding you intelligently through complex legal protocols so justice can be sought efficiently and effectively.”

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About Carlson Bier

Medical Malpractice Lawyers in De Soto Illinois

As an Illinois-based personal injury law firm, Carlson Bier is well-versed in handling complex legal issues surrounding Medical Malpractice. With a wealth of experience and knowledge, we strive to deliver valuable information for potential clients seeking assistance in this intricate field of law.

Medical malpractice occurs when a healthcare provider’s deviation from the standard care causes injury or harm to the patient. A key element of medical malpractice is proving that the healthcare provider was negligent—meaning they acted unreasonably under the circumstances. While such instances are more common than one might expect, proving them entails thorough investigation and unwavering commitment—the very qualities that sets Carlson Bier apart.

The process can be explained through four primary phases which include establishing duty of care, demonstrating breach of duty, showing causation between the caregiver’s action (or lack thereof) and damage sustained by the client, and finally quantifying damages that have been caused due to negligence.

• Duty of Care: All medical practitioners owe a professional responsibility or ‘Duty Of Care’ towards their patients.

• Breach of Duty: If there’s evidence that these professionals were unable to provide proper standard care, it signifies a breach-of-duty scenario.

• Causation: It needs to be shown clearly how this breach has led directly to harm or injury.

• Damages: Lastly comes financial assessment whereby costs incurred as direct result need just compensation.

Given these elements require compelling proof beyond reasonable doubt, partnering with experienced attorneys like those at Carlson Bier becomes indispensable in ensuring justice. Our team utilizes modern technology coupled with expert witness testimony—a combination laudable for its efficacy—to validate your claim comprehensively.

Being victims ourselves—of injustice done—we recognize your sense of urgency and desperation; thus we’re committed in pursuing maximum possible compensation on your behalf from liable parties so you never have to carry burden beyond what’s fair. Additionally our contingency fee model ensures you don’t pay until successful resolution of your case.

At Carlson Bier, we pride ourselves in not just offering legal representation to medical malpractice victims, but also serving as a vault of essential information pertaining to personal injury law. We believe that knowledge empowers, and an understanding of the intricacies involved makes for confident decision making when it comes to seeking justice.

Conversely, it’s important to know what doesn’t constitute medical malpractice. Simple errors or unavoidable circumstances typically don’t meet the negligence criteria. Likewise if provider’s care did not cause any injury or harm there may be no ground for valid lawsuit even despite suspected errors from healthcare provider. In such challenging situations effective and experienced guidance like ours can distinguish between a reasonable claim and one that might lack necessary validity—ensuring you embark on a course with highest chances of success meeting your requirements expediently.

In this pursuit towards finding clarity amid complexity, should you feel our approach resonates with your situation, we encourage meeting with our team at Carlson Bier to discuss your potential case—an endeavor aimed at unearthing truths behind questionable standard-of-care allegedly received. Please click on the button below for an obligation-free assessment revealing possible worth of your case helping set right what once went wrong; after all justice delayed could mean justice denied.

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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 De Soto

Areas of Practice in De Soto

Pedal Cycle Accidents

Specializing in legal services for persons injured in bicycle accidents due to negligent parties' indifference or perilous conditions.

Fire Traumas

Giving skilled legal support for sufferers of grave burn injuries caused by accidents or carelessness.

Clinical Malpractice

Extending experienced legal representation for persons affected by physician malpractice, including misdiagnosis.

Goods Accountability

Taking on cases involving dangerous products, delivering adept legal support to victims affected by product malfunctions.

Aged Malpractice

Representing the rights of nursing home residents who have been subjected to misconduct in elderly care environments, ensuring justice.

Stumble & Slip Occurrences

Professional in handling trip accident cases, providing legal representation to sufferers seeking justice for their damages.

Infant Harms

Offering legal aid for relatives affected by medical carelessness resulting in infant injuries.

Automobile Accidents

Crashes: Committed to supporting sufferers of car accidents receive equitable recompense for harms and impairment.

Scooter Accidents

Dedicated to providing legal advice for individuals involved in motorcycle accidents, ensuring rightful claims for traumas.

Big Rig Accident

Providing adept legal assistance for persons involved in trucking accidents, focusing on securing appropriate settlement for damages.

Construction Site Crashes

Dedicated to advocating for workers or bystanders injured in construction site accidents due to recklessness or recklessness.

Cerebral Harms

Committed to offering professional legal services for clients suffering from cerebral injuries due to carelessness.

Dog Bite Wounds

Expertise in tackling cases for victims who have suffered harms from K9 assaults or animal assaults.

Foot-traveler Mishaps

Focused on legal representation for joggers involved in accidents, providing effective representation for recovering damages.

Unjust Loss

Fighting for relatives affected by a wrongful death, offering empathetic and adept legal services to ensure justice.

Spinal Cord Injury

Focused on representing victims with spinal cord injuries, offering dedicated legal representation to secure justice.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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