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Medical Malpractice Attorney in Franklin

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About Carlson Bier Associates

Carlson Bier is a renowned law firm specializing in Medical Malpractice cases, tirelessly representing clients who’ve suffered due to healthcare provider negligence. Our highly experienced team applies their expertise and knowledge, grounded in the intricacies of Illinois regulations, ensuring every client receives rightful justice. Focused on adherence to ethical practice standards, Carlson Bier does not imply locality but instead emphasizes our extensive services across multiple cities including Franklin. Negligence within health care settings can lead to dire consequences for patients; we understand this and strive fiercely to protect your rights. We dedicate ourselves fully when advocating for victims of medical errors – you are more than just a case number at Carlson Bier; you matter most! Choosing us as your legal representative ensures diligent representation backed by profound understanding and years of successful litigation and negotiations in Medical Malpractice claims. Trusting Carlson Bier means choosing quality representation without compromise or ambiguity – our record speaks volumes about our commitment towards achieving justice on behalf of each client.

About Carlson Bier

Medical Malpractice Lawyers in Franklin Illinois

Welcome to the Carlson Bier, renowned personal injury attorneys based in Illinois. Our primary focus lies in championing for clients who have suffered avoidable harm due to medical malpractice. Known for our relentless commitment and tireless dedication, we advocate on your behalf to ensure you secure the justice, compensation, and peace of mind you deserve under challenging circumstances.

Medical malpractice is a critical issue with far-reaching consequences for the victims involved. It occurs when a health care provider diverges from standard practice norms or neglects their duty of care while providing treatment to patients, leading to unnecessary suffering, injuries, or even death. There are numerous scenarios in which medical malpractice can occur; these may include surgical errors, misdiagnosis, delayed diagnosis, childbirth trauma due to negligence before or during delivery among many others.

Key elements of a successful malpractice claim involve establishing four fundamental facts:

• Duty – One must prove that there was an existing physician-patient relationship.

• Breach – The evidence should highlight that the healthcare provider violated their duty of care.

• Causation – Connect the breach directly to your injury; show it wouldn’t have occurred otherwise.

• Damage – Demonstrate physical harm resulted from negligent actions as emotional distress alone isn’t sufficient.

It’s worth noting any potential claim must be filed within set statutory periods dictated by Illinois law – referred typically as statutes of limitations – failing which can eliminate your opportunity to make legal recourse for damages. The process can often become complex depending on specifics tied to your case such as type and extent of injury.

However daunting this journey may appear; fear not – at Carlson Bier we simplify it all! Plainly speaking real people talk explains legal jargon behind aspects related to malpractice lawsuits so everyone understands what they’re signing up for without worry about missing important details buried beneath complex lawyerly language.

With proven credentials and unrivaled expertise drawn from countless successful claim resolutions across years, we’ve established ourselves as a strategic ally for victims of medical malpractice throughout Illinois. We labor tirelessly to assure our clients feel heard and valued at every step of their legal journey as they navigate the demanding terrain of personal injury law.

Moreover, demonstrating an unparalleled commitment towards your well-being ensures you never form just one more case on our docket; instead, become part of a cherished family that takes comfort knowing they’re backed by trusted individuals that passionately fight battles to achieve victories which mean life can begin anew – free from financial worries related to mounting medical bills, lost wages or rehabilitation costs associated with injuries resulting from medical negligence.

Personalized attention combined with cutting-edge resources and top-tier legal acumen stands testament for why Carlson Bier is often your preferred choice while seeking trusted guidance under such complex circumstances. Make this challenging path slightly less intimidating – choose peace knowing you have seasoned advocates fighting tirelessly in your corner!

Given everything mentioned above – We promise one thing here at Carlson Bier: no one would need to go through such distressing times alone ever again!

So take that first necessary step towards reclaiming control over your life after enduring what might be some most traumatic experiences. Don’t wait any longer! Click on the button below find out precisely what case value translates into based on specifics tied to alleged healthcare deficiencies experienced by you or loved ones guided by industry-leading experts who make caring about client outcomes their primary mission – day in day out! After all, don’t you deserve justice served right? With us championing your cause – justice isn’t far behind.

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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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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 Franklin

Areas of Practice in Franklin

Two-Wheeler Mishaps

Proficient in legal assistance for clients injured in bicycle accidents due to others' indifference or perilous conditions.

Fire Traumas

Giving professional legal services for individuals of intense burn injuries caused by incidents or carelessness.

Hospital Malpractice

Providing professional legal advice for persons affected by hospital malpractice, including negligent care.

Products Responsibility

Dealing with cases involving dangerous products, delivering skilled legal help to clients affected by product-related injuries.

Aged Mistreatment

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

Trip & Fall Occurrences

Specialist in dealing with slip and fall accident cases, providing legal representation to victims seeking justice for their injuries.

Infant Injuries

Extending legal guidance for loved ones affected by medical negligence resulting in newborn injuries.

Automobile Collisions

Accidents: Concentrated on guiding victims of car accidents get equitable remuneration for injuries and losses.

Motorcycle Mishaps

Focused on providing legal support for victims involved in motorcycle accidents, ensuring rightful claims for injuries.

Truck Crash

Providing adept legal advice for individuals involved in lorry accidents, focusing on securing appropriate compensation for harms.

Worksite Mishaps

Committed to assisting staff or bystanders injured in construction site accidents due to carelessness or misconduct.

Neurological Traumas

Expert in providing dedicated legal services for patients suffering from cognitive injuries due to incidents.

Canine Attack Wounds

Specialized in addressing cases for individuals who have suffered wounds from puppy bites or beast attacks.

Pedestrian Collisions

Expert in legal advocacy for pedestrians involved in accidents, providing professional services for recovering restitution.

Unwarranted Death

Standing up for bereaved affected by a wrongful death, providing sensitive and adept legal support to ensure fairness.

Spine Damage

Committed to defending clients with spine impairments, offering dedicated legal support to secure redress.

Contact Us Today if you need a Person Injury Lawyer