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Medical Malpractice Attorney in Herscher

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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

Carlson Bier, an esteemed law firm rooted in Illinois, holds a prominent record in safeguarding the rights of medical malpractice victims. Driven by expertise and a commitment to justice, our attorneys bring unparalleled specialist knowledge to tackle challenging medical malpractice cases. Our preference stands with those who have experienced detrimental health consequences on account of professional negligence or recklessness. At Carlson Bier, we strive unremittingly for legal resolutions that validate your distress and compensate you rightfully for losses incurred; thus serving as a powerful deterrent against repeated instances of substandard health care practices within our communities. As informed practitioners dedicated exclusively towards personal injury law, we ensure robust representation remembering the unique circumstances attached to each case addressing far-reaching implications on clients’ lives post-resolution. Trust us today at Carlson Bier – ensuring successful outcomes through personalized comprehensive engagement when defending your rights against Medical Malpractice transgressions! We may not be physically based in Herscher but will diligently serve its residents nonetheless.

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About Carlson Bier

Medical Malpractice Lawyers in Herscher Illinois

At Carlson Bier, you will find expert personal injury lawyers committed to delivering professional, tailored legal solutions in Illinois. We specialize in a number of areas including Medical Malpractice, a common yet complex area that many residents grapple with and often lacks adequate representation. As your trusted lawyers, part of our mission is to educate you on this topic and process so that informed decisions are made at every stage.

Medical malpractice refers to the negligence by healthcare providers that leads to injury or worse outcomes for patients. The complexity and diversity found within the healthcare system result in numerous forms of malpractice which include misdiagnosis, failure to diagnose, surgical errors and medication mistakes among others.

• Misdiagnosis: Occurs when a doctor incorrectly identifies the patient’s health condition hence providing ineffective treatment.

• Failure to diagnose: Describes situations where doctors overlook symptoms leading to delayed or no treatment.

• Surgical errors: Entails all unforeseen incidents during surgery like operating on the wrong body part or leaving tools inside patients.

• Medication mistakes: These occur when doctors prescribe incorrect drugs, take patient allergies for granted or when pharmacists dispense wrong medications.

Understanding these aspects helps put into perspective what medical malpractice entails but it doesn’t stop there. To establish a valid claim for medical malpractice under Illinois law, several requirements must be met:

1) A doctor-patient relationship existed where an agreement was made for care/treatment.

2) The healthcare provider acted negligently concerning diagnosis/treatment with evidence pointing towards incompetence compared with skilled health experts’ actions.

3) Direct relation between Doctor’s neglectful actions and caused injuries/damages proven conclusively.

4) Must demonstrate substantial damages from injuries related directly from negligence like chronic pain, mental anguish persisting beyond normal expected recovery periods as well as proof of earned income loss due from inability work post-suffered injury (either temporarily/permanently).

Even though legal jargon can seem convoluted and inaccessible, Carlson Bier’s lawyers work diligently to break down these components for you. Our team ensures all processes are fully comprehensible, and we maintain open lines of communication regarding your claim’s progress.

The Medical Malpractice claims process is often fraught with hurdles taking considerable effort and time away from recovery periods or loved ones; therefore a decision to file such should not be made lightly.

We understand how overwhelming this period may appear – dealing with both injury aftermath plus handling legal aspects hence our commitment toward providing expert guidance every step along the way until justice gets served. We deploy effective negotiation techniques against insurance companies whose number one goal revolves around minimizing payout amounts; thus ensuring you obtain maximum compensation deserving of suffered injuries/damages.

At Carlson Bier, our guarantee extends beyond just professional expertise but also encompasses an empathetic approach understanding that clients reaching out are usually at their most vulnerable state dealing with complications arising from another’s negligence/carelessness.

Inmist the labyrinth-like world of law filled with complex nuances regarding medical malpractice litigation in Illinois, there exists a beacon of hope empowered towards making the journey less daunting while advancing best outcomes possible – Look no further than Carlson Bier.

Do know monetary value attributed to each case varies as no two situations are exactly alike…Factors determining potential settlement amount include severity of sustained injury, extent affecting daily life activities including capacity earn income alongside existence prior medical issues amongst others. To attain more details personalized suitably fitting unique circumstances surrounding your specific case – Click on the button below! Let us help determine what your case is potentially worth and commence this important journey toward fairness and justice.

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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 Herscher

Areas of Practice in Herscher

Two-Wheeler Collisions

Specializing in legal advocacy for people injured in bicycle accidents due to others's negligence or perilous conditions.

Burn Damages

Offering expert legal assistance for sufferers of severe burn injuries caused by occurrences or misconduct.

Physician Incompetence

Offering specialist legal assistance for patients affected by hospital malpractice, including negligent care.

Commodities Liability

Dealing with cases involving defective products, offering skilled legal support to clients affected by faulty goods.

Geriatric Misconduct

Protecting the rights of seniors who have been subjected to misconduct in senior centers environments, ensuring compensation.

Trip & Fall Mishaps

Skilled in handling tumble accident cases, providing legal support to individuals seeking redress for their harm.

Birth Wounds

Providing legal assistance for loved ones affected by medical malpractice resulting in newborn injuries.

Car Incidents

Crashes: Committed to supporting patients of car accidents secure reasonable compensation for damages and damages.

Motorcycle Incidents

Specializing in providing legal services for motorcyclists involved in bike accidents, ensuring justice for traumas.

Truck Crash

Ensuring professional legal assistance for individuals involved in big rig accidents, focusing on securing fair compensation for losses.

Worksite Incidents

Concentrated on supporting employees or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Neurological Injuries

Expert in offering expert legal representation for patients suffering from neurological injuries due to accidents.

K9 Assault Wounds

Proficient in addressing cases for clients who have suffered wounds from canine attacks or beast attacks.

Foot-traveler Mishaps

Focused on legal services for foot-travelers involved in accidents, providing professional services for recovering claims.

Wrongful Fatality

Advocating for loved ones affected by a wrongful death, extending understanding and skilled legal assistance to ensure redress.

Spine Harm

Specializing in defending patients with spine impairments, offering compassionate legal assistance 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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