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Medical Malpractice Attorney in Clayton

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About Carlson Bier Associates

If you’re in Clayton and seeking justice for a medical malpractice incident, Carlson Bier is your go-to legal support. We’ve built our reputation as the premier personal injury law firm in Illinois due to our relentless fight for our clients’ rights paired with an extensive understanding of complex healthcare settings. Medical practitioners have a duty of care towards their patients; when this duty is breached, it’s only fair that they answer litigatory actions. Whether negligence has led to surgical errors, misdiagnosis or incorrect medication prescribed, Carlson Bier attorney group steps up and ensures maximum compensation comes your way swiftly. Each case receives dedicated time from seasoned lawyers who comprehend the complexity behind holding responsible parties accountable – key to favorable conclusions. In choosing Carlson Bier’s services renowned beyond state lines,gain strength and confidence knowing expert medical malpractice litigators are by your side advocating vigorously on your behalf while drawing from decades-long formidable experience within Illinois courtrooms.

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About Carlson Bier

Medical Malpractice Lawyers in Clayton Illinois

At Carlson Bier, we are a prominent team of personal injury attorneys based in Illinois, committed to protecting your interests and fighting for the justice you deserve. We specialize in diverse areas of personal injury law, but one area that merits particular attention is Medical Malpractice. If you or someone you care about has suffered due to a healthcare professional’s negligence or misconduct, understanding this legal term can be pivotal in shaping your road to recovery.

Medical malpractice occurs when a healthcare provider fails to meet the established standards of practice resulting in harm or injury to the patient. It could take on various forms such as surgical errors, misdiagnosis, medication mistakes or the failure to inform patients about potential risks; any of these acts or omissions can have far-reaching consequences.

Here at Carlson Bier:

• We advocate aggressively for victims providing necessary guidance and seeking compensation.

• Our team conducts diligent investigation into medical practitioners’ actions considering every small detail.

• We utilize our significant knowledge and experience in handling even complex personal injury cases.

It is important to remember that not all unfortunate outcomes from medical treatment procedures equate to malpractice. There’s an enormous difference between an unsuccessful treatment outcome and a negligent act. Legitimate scenarios form when it is proved that the standard duty of care was breached by a health practitioner directly causing harm or severe injury.

Time limitation is another crucial factor worth understanding under medical malpractice laws in Illinois. Generally speaking, claimants have within two years from when they first became aware (or should reasonably have been aware) of their injury; no claim may be filed more than 4 years after the date on which alleged act occurred.

However, cases involving minors differ slightly – children below eight years old can often have until they turn 22 years old (but not longer than eight years after the act) for their guardian(s) to file a case against possible healthcare negligence done unto them. These finite timeframes highlight why it is crucial to engage qualified legal representation as soon as suspicion of negligence emerges.

At Carlson Bier, we strive hard not only for justice but also insist on accountability from healthcare practitioners, ensuring such instances of negligence diminish in the future.

In conclusion, medical malpractice can be challenging to identify or understand without expert assistance. However, being informed about your rights and what constitutes a strong case forms an important first step towards successful legal action. It’s important to remember that every medical malpractice case is unique and deserves personal attention and intricate understanding which our team at Carlson Bier offers unreservedly.

Your journey with us doesn’t just stop at education. We believe in empowering you by providing access to justice through active representation in court if required. Through our concerted efforts we seek to lighten the burden of replayed trauma and financial strain inflicted by-wrong doing health care providers.

We invite you now to take a moment and click on the button below – find out today what your case could potentially be worth with no obligation whatsoever! Our personal injury attorneys are standing by ready to provide free expert consultation regarding possible next steps tailored for your specific scenario. Let Carlson Bier guide you towards the path of recovery: emotionally, physically & financially; because YOU matter.

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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 Clayton

Areas of Practice in Clayton

Pedal Cycle Accidents

Focused on legal support for victims injured in bicycle accidents due to negligent parties' recklessness or hazardous conditions.

Burn Injuries

Offering specialist legal advice for individuals of intense burn injuries caused by mishaps or recklessness.

Physician Malpractice

Extending professional legal assistance for clients affected by hospital malpractice, including medication mistakes.

Commodities Responsibility

Taking on cases involving defective products, delivering professional legal support to victims affected by faulty goods.

Nursing Home Neglect

Protecting the rights of aged individuals who have been subjected to malpractice in elderly care environments, ensuring compensation.

Tumble & Slip Injuries

Professional in addressing tumble accident cases, providing legal advice to individuals seeking recovery for their harm.

Newborn Traumas

Offering legal assistance for households affected by medical incompetence resulting in newborn injuries.

Auto Collisions

Crashes: Devoted to guiding clients of car accidents get appropriate compensation for injuries and harm.

Motorbike Crashes

Specializing in providing legal advice for motorcyclists involved in motorcycle accidents, ensuring just recovery for damages.

Truck Mishap

Providing expert legal support for victims involved in big rig accidents, focusing on securing appropriate recovery for hurts.

Building Collisions

Dedicated to assisting workmen or bystanders injured in construction site accidents due to negligence or negligence.

Cerebral Impairments

Committed to extending compassionate legal advice for persons suffering from cerebral injuries due to misconduct.

Canine Attack Wounds

Specialized in handling cases for clients who have suffered damages from dog bites or animal attacks.

Pedestrian Crashes

Expert in legal assistance for cross-walkers involved in accidents, providing comprehensive support for recovering recovery.

Unfair Death

Standing up for loved ones affected by a wrongful death, extending compassionate and adept legal guidance to ensure restitution.

Neural Trauma

Specializing in assisting patients with spinal cord injuries, offering dedicated legal support to secure settlement.

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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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