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Medical Malpractice Attorney in El Paso

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About Carlson Bier Associates

When facing medical malpractice issues, the calamity is not only physical but emotional and financial. Your search for a seasoned expert in this specialized field of law leads you to Carlson Bier. We are stalwarts in representing victims of clinical negligence across diverse scenarios. From prescription complications to misdiagnoses or surgical errors, our firm’s comprehensive expertise extends far beyond the ordinary personal injury domain. Our adept team pores over intricate details to build a watertight case, driving relentlessness towards your rightful compensation. Why should El Paso trust us as their Medical Malpractice advocates? Decades-long experience ensures we navigate legal complexities effectively while demonstrating uncompromising client empathy. Moreover, an indomitable track record demonstrates our propensity for delivering favorable outcomes even under tough circumstances: testimonials echo these sentiments- earning us esteemed recognition within Illinois’ highly competitive legal community and beyond its borders too! With Carlson Bier at your side during this challenging tide, expect top-tier professionalism married with compassionate guidance on every steep step toward justice!

Meet Our Attorneys
About Carlson Bier

Medical Malpractice Lawyers in El Paso Illinois

At Carlson Bier, we are dedicated professionals in the field of personal injury law with an exemplary focus on medical malpractice. Based in Illinois, our team of practiced legal personnel has years of expertise honed by representing countless clients whose trust we value.

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care in their field, leading to patient injury or harm. It encapsulates errors ranging from misdiagnosis and surgical mistakes to nursing home neglect and pharmacy errors.

Understanding the gravity of such issues, our attorneys equip you with everything needed to navigate this complex realm. Our proficiency extends beyond providing top-notch legal representation. We thoroughly believe in empowering individuals with comprehensive knowledge about their rights, arming them with every relevant detail surrounding medical malpractice cases.

• Legal Threshold: For any issue to be considered as medical malpractice under Illinois Law, it must meet certain conditions — deviation from standard care being only one part of that equation. The incident should directly link to the injury (causality), causing significant damage or hardship.

• Statute Limitations: Generally, a claim should be filed within two years from when the patient knew, or should have known about the malpractice but not more than four years from when the act happened.

• Damage Caps: In 2010, the Illinois Supreme Court abolished caps on damages eliminating limitations on obtaining maximum compensation for your suffering.

• Expert Affidavit Requirement: Alongside filing a complaint against healthcare providers responsible for alleged negligence; an expert affidavit—a written sworn statement validating case merit—by a certified healthcare professional is mandatory too.

Recognizing these various facets can profoundly affect case outcomes lending credibility and strength to your claim.

Whether uncompensated for long-term injuries or dealing with lost work wages due to hospitalization -embarking on this legal journey necessitates resilience amidst adversity. By choosing Carlson Bier as your personal injury attorney group for medical malpractice, you align with a team that not only acknowledges your truth but fights persistently for it.

Over the years serving in Illinois, we’ve been privy to heartening instances of lawful triumph facilitating closure and financial restitution, creating the opportunity for personal restoration. And yet, while victories are both profound and rewarding, they only propel us further towards becoming an even more accomplished law firm.

Our commitment extends beyond securing monetary benefits—we strive to bring about a shift in how medical malpractice cases are perceived and handled internally within healthcare institutions. This community-oriented approach is what distinguishes us as Carlson Bier – a name synonymous with legal prowess, informed advocacy, compassion and ethical representation each step of the way.

We want you to take charge of your life again – starting with understanding your case’s worth. Irrespective of whether you’re at the beginning stages or deep within your malpractice matter journey, our devoted team remains ready to walk this path alongside you.

Inquiring professional advice from expert lawyers at Carlson Bier could make all the difference between accepting an undervalued settlement or receiving compensation reflecting accurate estimates of past and future related expenses.

Let this be your first step towards empowerment: simply click the button below to discover what might await on the other side — justice rightfully claimed and rightful peace achieved. Remember—every fight towards fairness makes ripples into creating safer healthcare landscapes for everyone. Allow us the privilege of accompanying yours.

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Testimonials from Clients

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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 El Paso

Areas of Practice in El Paso

Bicycle Mishaps

Expert in legal advocacy for persons injured in bicycle accidents due to responsible parties' recklessness or risky conditions.

Fire Burns

Extending professional legal advice for individuals of major burn injuries caused by occurrences or indifference.

Physician Malpractice

Offering dedicated legal representation for victims affected by healthcare malpractice, including wrong treatment.

Commodities Responsibility

Handling cases involving faulty products, offering specialist legal assistance to customers affected by product malfunctions.

Geriatric Malpractice

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

Fall and Stumble Incidents

Expert in dealing with slip and fall accident cases, providing legal assistance to victims seeking restitution for their harm.

Infant Harms

Offering legal guidance for families affected by medical negligence resulting in birth injuries.

Car Collisions

Accidents: Devoted to aiding individuals of car accidents obtain appropriate recompense for damages and losses.

Motorbike Incidents

Dedicated to providing legal assistance for riders involved in motorcycle accidents, ensuring just recovery for harm.

Truck Accident

Offering professional legal advice for drivers involved in big rig accidents, focusing on securing adequate recovery for damages.

Worksite Crashes

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

Neurological Traumas

Dedicated to providing dedicated legal advice for persons suffering from cognitive injuries due to misconduct.

Dog Bite Injuries

Proficient in managing cases for individuals who have suffered injuries from puppy bites or beast attacks.

Foot-traveler Crashes

Specializing in legal services for cross-walkers involved in accidents, providing effective representation for recovering restitution.

Unwarranted Demise

Striving for families affected by a wrongful death, providing empathetic and expert legal services to ensure compensation.

Vertebral Impairment

Focused on assisting clients with spine impairments, offering specialized legal assistance to secure redress.

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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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