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Medical Malpractice Attorney in Carlock

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In the delicate arena of Medical Malpractice, choosing the right representation can make all the difference. Carlson Bier is an esteemed firm specializing in personal injury litigation, with notable proficiency in handling Medical Malpractice cases. Our team brings to bear expansive knowledge of Illinois law and impeccable legal strategies oriented towards successful outcomes for our clients in Carlock and beyond. With a track record that broadcasts excellence; having secured rightful compensation for numerous victims of medical negligence, we are unwaveringly committed to fighting for justice on your behalf. At Carlson Bier, we deeply understand how catastrophic these events can be – affecting not just physical health but emotional wellbeing and personal livelihoods as well. That’s why every case receives personalized attention from our dedicated attorneys who handle all aspects meticulously while providing compassionate support throughout each step of this challenging process translating into unparalleled client satisfaction levels! Partner with Carlson Bier for astute legal counseling designed expressly around negotiating medical malpractice mazes to ultimate success.

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About Carlson Bier

Medical Malpractice Lawyers in Carlock Illinois

At Carlson Bier, your health and the fair treatment you’re entitled to are paramount concerns. Our highly skilled team of personal injury lawyers demonstrates robust expertise in handling medical malpractice matters throughout Illinois. When it comes to litigating for medical negligence, we deeply understand the intricate ramifications.

Medical malpractice emerges when a healthcare provider deviates from the traditional standards of care that a competent doctor would adhere to, leading to patient harm or injury. Primarily, four elements create validity for a medical negligence claim:

1. The existence of a professional duty owed by the health caregiver/provider to the patient.

2. A breach of such duty due to neglectful acts or omissions.

3. The harm inflicted – physical injury or damages

4. A direct cause-effect relationship between breach and damage.

Carlson Bier applies strategic legal proficiency in handling these integral aspects that constitute a potentacular medical malpractice lawsuit.

Understanding nuances is crucial in maximizing claim value; complexities can range from understanding what misconduct during diagnosis looks like, surgical mistakes, birth injuries and even withheld information on probable risks connected with recommended treatments or procedures which bind all under the umbrella of “informed consent”. These aren’t exhaustive examples but they broadly manifest how unmet expectations within healthcare systems require immediate legal redressal.

Additional light should also be shone upon prescription medication errors — accounting for approximately 20% of all preventable adverse drug events within outpatient clinics alone according to an Agency for Healthcare Research And Quality report (2018). Additionally there are situations where third-party liabilities arise due to equipment vulnerability exposing patients within intensive care units (ICUs) among other departments leaving them at potential risk for direct infections while already battling critical illness(es).

Now comes civil litigation in Illinois – it requires proof ‘by preponderance’(over 50%) rather than ‘beyond a reasonable doubt’ method applied in criminal cases.This means evidence presented should favour plaintiffs’ claims more than the defendant’s for the jury to rule in favour of. Our aggressive negligence lawyers attempt to leverage their meticulous attention to detail and proven critical thinking attributes for strategically deconstructing nuances around these medical lawsuits, as we liaise with an expert team of investigators who aid us in our endeavour.

To illustrate further the Illinois Supreme Court (Dolan v. Galluzzo case) stated that in instances where it is not lucid what specific actions led to patient injury , “res ipsa loquitur” should apply meaning “the thing speaks for itself”. This doctrine used by our skilled lawyers shifts burden upon defendants proving they were not negligent turning tides towards favoring plaintiff claims making a preponderence based evidence presentation for crucial verdicts.

Negligent healthcare providers need to be held accountable; besides seeking retribution through legal avenues, litigation also bears potential deterrant effect on bad practices contributing world-class healthcare standards. As Illinois malpractice attorneys, we champion justice, helping you navigate through difficult times with thorough knowledge, compassion and dedication essential during such challenging experiences.

Offering first-rate representation across Illinois with offices other than Carlock, your no-obligation consultation at Carlson Bier awaits – our experienced personal injury attorneys ensure comprehensive analysis of every facet circling your potential claim’s worth. Click on the button below now; know just how much YOUR claim might be worth! Let’s cross this fervent journey together ensuring justice prevails illuminating hope within cynical courtroom complexities.

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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 Carlock

Areas of Practice in Carlock

Pedal Cycle Accidents

Expert in legal representation for persons injured in bicycle accidents due to other parties' recklessness or perilous conditions.

Thermal Injuries

Offering professional legal help for victims of grave burn injuries caused by accidents or misconduct.

Clinical Carelessness

Delivering professional legal support for clients affected by medical malpractice, including misdiagnosis.

Products Fault

Addressing cases involving faulty products, supplying adept legal help to clients affected by faulty goods.

Geriatric Misconduct

Representing the rights of seniors who have been subjected to mistreatment in nursing homes environments, ensuring protection.

Fall and Tumble Accidents

Specialist in managing stumble accident cases, providing legal advice to persons seeking justice for their harm.

Neonatal Harms

Delivering legal assistance for families affected by medical incompetence resulting in newborn injuries.

Car Accidents

Collisions: Concentrated on helping patients of car accidents gain appropriate settlement for wounds and damages.

Two-Wheeler Crashes

Dedicated to providing legal advice for individuals involved in two-wheeler accidents, ensuring justice for injuries.

Big Rig Incident

Providing professional legal advice for clients involved in semi accidents, focusing on securing just recovery for hurts.

Worksite Mishaps

Dedicated to supporting employees or bystanders injured in construction site accidents due to recklessness or misconduct.

Cognitive Damages

Expert in ensuring expert legal representation for persons suffering from cerebral injuries due to accidents.

Dog Bite Injuries

Expertise in addressing cases for persons who have suffered harms from dog bites or wildlife encounters.

Jogger Incidents

Expert in legal support for cross-walkers involved in accidents, providing effective representation for recovering compensation.

Unfair Passing

Fighting for grieving parties affected by a wrongful death, delivering sensitive and skilled legal representation to ensure redress.

Backbone Trauma

Expert in assisting individuals with spinal cord injuries, offering professional legal assistance to secure settlement.

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