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Medical Malpractice Attorney in Kankakee

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About Carlson Bier Associates

Medical malpractice incidents are no light matter, causing great distress while demanding the undivided attention of a professional attorney. When dealing with such sensitive cases within Kankakee or anywhere else around Illinois, trust nothing less than Carlson Bier’s expertise. Our firm specializes in personal injury law suits and is thoroughly versed in handling medical malpractice matters diligently. The daunting process ahead can only be navigated with precision by seasoned hands like ours that have faith in truth and justice above all else. Striving to shield our clients from further pain, we meld knowledge and compassion into every case we undertake for optimal representation against negligent providers. Trusting your case to Carlson Bier ensures it’s handled by attorneys who put you front and center because understanding your pain helps us fight better on your behalf so you can get the compensation you rightly deserve after any form of medical negligence has occurred unavoidability resulting in harm.

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About Carlson Bier

Medical Malpractice Lawyers in Kankakee Illinois

Welcome to Carlson Bier, your trusted personal injury attorneys in Illinois. Our team is highly specialized and experienced in handling cases related to Medical Malpractice. With countless successful cases, we offer our legal expertise with the very aim of making a tangible difference for each individual facing distress due to medical malpractices.

Firstly, it’s crucial to understand what Medical Malpractice stands for. It refers to inadequacies or mismanagement within medical care that lead to patient harm or worsening health conditions due to the neglect or error of healthcare professionals. These situations may occur during diagnosis, treatment procedure, post-health consultations or while administering health advice.

When discussing key elements of medical malpractice following factors take precedence:

• Proof of Relationship: There must be evidence showing an engaged relationship between you (the patient) and the doctor.

• Negligence from Doctor: You must prove that your doctor was negligent regarding diagnosis or health treatment.

• Injury caused by Negligence: General dissatisfaction over your results doesn’t call for malpractice; there has to be proven harm caused by negligence

• Damage owed to Injuries: The negligence should have resulted in significant damage like extreme pain, mental trauma or massive financial burden due to misdiagnosis.

Our role at Carlson Bier pivots around ensuring these key components are met before moving forward with any lawsuit associated with Medical Malpractice. We understand the complex nuances involved in such cases and provide tailored case-by-case approaches since every scenario varies greatly based on many different parameters

At Carlson Bier, we pride ourselves on being advocates for victims of medical malpractice throughout Illinois— employing an intricate process rooted in research, insights acquired through years of experience and decked-up preparation thereby upholding justice wherever possible! Our commitment extends far beyond just winning legal suits—it’s about reinstating faith when matters look bleak; it’s about stepping up as pillars so victims can reclaim their lives once more!

Let us discuss some important points about medical malpractice litigation:

• Medical Malpractice Statutes of Limitations: It’s significant to know that there is a time limit for filing such lawsuits. Going beyond this stipulated timeline could risk your chance at filing the suit at all.

• Shared Fault Rule Application: In some instances, the court may find you partially responsible for your own injury— potentially reducing the claim amount.

• Damage Cap on Malpractice Cases: This refers to limitations set by law on certain types of damages—the caps vary from case to case.

Being proficient in Illinois laws governing Medical Malpractice scenarios, Carlson Bier ensures world-class representation, enabling clients feel confident and prepared throughout the legal journey they embark upon with us.

Now’s perhaps the best moment to revisit an old question – What is your case worth? We comprehend that it’s not just a legal verdict or financial reimbursement at stake here but a lot more—it involves securing trust, peace, closure and commendably dealing with life adversities head-on! Not knowing where you stand legally can be quite unsettling amidst already tumultuous times. Therefore, don’t let uncertainty prevail longer than it has to. Let us assertively guide you through unfamiliar terrains complemented with exceptional legal assistance every step into your pursuit of justice!

Do click on the button below so we can assess and personally discuss how much value lies within your potential case waiting to be unraveled with insightful findings—because at Carlson Bier; our victory truly aligns with yours! Your road towards recovery both mentally as well as legally begins right here – take that first crucial step today!

Find Out How Much Your Case is Worth
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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 Kankakee

Areas of Practice in Kankakee

Bicycle Mishaps

Focused on legal advocacy for clients injured in bicycle accidents due to responsible parties' lack of care or hazardous conditions.

Thermal Burns

Providing adept legal support for sufferers of severe burn injuries caused by accidents or misconduct.

Hospital Misconduct

Ensuring dedicated legal services for clients affected by clinical malpractice, including wrong treatment.

Items Responsibility

Handling cases involving dangerous products, supplying specialist legal help to customers affected by harmful products.

Geriatric Misconduct

Advocating for the rights of elders who have been subjected to malpractice in nursing homes environments, ensuring justice.

Fall & Fall Occurrences

Adept in addressing fall and trip accident cases, providing legal representation to clients seeking compensation for their damages.

Birth Traumas

Offering legal support for households affected by medical incompetence resulting in neonatal injuries.

Automobile Mishaps

Collisions: Committed to assisting victims of car accidents secure fair settlement for hurts and impairment.

Scooter Incidents

Expert in providing legal assistance for riders involved in two-wheeler accidents, ensuring adequate recompense for losses.

Semi Accident

Offering adept legal assistance for victims involved in semi accidents, focusing on securing just settlement for losses.

Building Site Crashes

Focused on advocating for employees or bystanders injured in construction site accidents due to oversights or misconduct.

Neurological Damages

Committed to delivering specialized legal assistance for clients suffering from neurological injuries due to carelessness.

K9 Assault Damages

Adept at addressing cases for victims who have suffered harms from canine attacks or wildlife encounters.

Cross-walker Mishaps

Focused on legal support for walkers involved in accidents, providing professional services for recovering restitution.

Unfair Demise

Advocating for loved ones affected by a wrongful death, delivering understanding and adept legal support to ensure redress.

Spinal Cord Harm

Expert in representing persons with backbone trauma, offering compassionate 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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