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Medical Malpractice Attorney in Mokena

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About Carlson Bier Associates

When faced with a complex medical malpractice situation, confident representation from Carlson Bier law firm is vital. In the intricate landscape of Illinois laws, we stand as formidable advocates for clients tackling medical negligence cases. Medical errors can lead to severe physical and emotional distress—an experienced legal ally becomes paramount in such circumstances. As your representatives, we are keen on ensuring justice is served, striving relentlessly to help you access the compensation you deserve in Mokena’s region.

Our proficiency emerges not just through years of dedicated work but rather by virtue of our passion for giving voice to those wronged by malfeasance or neglect. Our commitment to meticulous case preparation and intensive research distinguishes us as one among Illinois’s premier attorney groups dealing specifically with personal injury litigations.

Let Carlson Bier be your bulwark against injustice enclosing both practical advice and strong courtroom representation under its promising umbrella! Trust our grasp on legal trajectory powering competent care towards rightful claim recovery—the critical ingredient guiding toward balanced redressal in any medical calamity adversary affair

Choose knowledge; choose expertise; choose uncompromising dedication—contact Carlson Bier today!

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About Carlson Bier

Medical Malpractice Lawyers in Mokena Illinois

Welcome to Carlson Bier, a revered Personal Injury Law Firm based in Illinois and specializing in Medical Malpractice law. Medical malpractice is an occurrence where injury or death happens due to the negligence or fault of a medical professional. This comprehensive page will serve as an essential resource on Medical Malpractice law meant to inform you and at the same time provide immense value.

Medical malpractice can manifest in various forms such as improper treatment, failure to diagnose, pharmaceutical errors, surgical injuries among others. It should be understood that not all unfortunate outcomes are results of negligence. However, if you believe your case involves negligent behavior from a healthcare provider leading to considerable harm or damage than our experienced team at Carlson Bier is here to help.

To win a medical malpractice lawsuit in Illinois you need to prove three fundamental points:

• A doctor-patient relationship existed.

• There was violation of standard care by the health professional.

• Damage or injury occurred because of this violation.

Sound simple? The reality isn’t always so straightforward which is why engaging with professional representation like ourselves can drastically impact the outcome of your case.

Involvement in any form of medical malpractice suit may entail complex legal procedures. Here’s where we come into play – handling intricate medical tests and records, interviewing expert witnesses, negotiating with insurance companies whilst providing reassurance and guidance throughout each step thus ensuring that pursuing justice doesn’t become an additional source of stress.

However, keep in mind that under Illinois law there exists Statutes of Limitation. You have only two years from when you discovered or should have discovered the injury but never more than four years after when the act occurred for filing a claim against most health providers (the timeline may slightly differ if it involves minors). To ensure this critical window doesn’t lapse unnoticed seek advice from us immediately following any concerning medical treatments or events.

When considering damages inflicted by negligence one must consider both economic- such as income lost or medical costs, and non-economic – like anguish suffered. Illinois law has no cap for these damages in a malpractice case meaning there is great potential to receive fair compensation for the harm endured.

Before we can proceed with your case, you will need to provide a ‘Certificate of Merit’. This document indicates that an expert within the same field as the defendant believes that your claim could be valid. It should be noted this step requires prompt action after identification of injury otherwise significant evidence might become inaccessible or lost.

Considering all aforementioned complexities it’s clear why assistance from proficient attorneys like us, at Carlson Bier, who understand this intricate domain can make such a significant difference. Remember not only are laws complicated but so is medicine which drastically multiplies challenges surrounding medical malpractice cases. With sound legal representation however, due justice may well be achieved no matter how complex or daunting one’s situation may appear initially.

To end, Medical Malpractice suits often entail navigating through extensive legality and advocating against hefty insurance companies. Opting for Carlson Bier to represent you provides access to experienced personnel ready to fight diligently ensuring you attain rightful compensation fitting for injuries suffered due to negligence. To gauge possible opportunities arising from your unique circumstance please click on the button below where our experts eagerly wait to evaluate and provide insight into what your case is potentially 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 Mokena

Areas of Practice in Mokena

Cycling Collisions

Expert in legal services for persons injured in bicycle accidents due to others' indifference or unsafe conditions.

Flame Traumas

Supplying specialist legal services for patients of intense burn injuries caused by events or indifference.

Medical Incompetence

Ensuring professional legal assistance for victims affected by healthcare malpractice, including negligent care.

Commodities Fault

Managing cases involving dangerous products, providing professional legal help to customers affected by product-related injuries.

Senior Mistreatment

Advocating for the rights of aged individuals who have been subjected to mistreatment in senior centers environments, ensuring compensation.

Tumble & Stumble Mishaps

Adept in tackling tumble accident cases, providing legal support to sufferers seeking compensation for their injuries.

Neonatal Traumas

Delivering legal guidance for loved ones affected by medical incompetence resulting in infant injuries.

Vehicle Mishaps

Accidents: Concentrated on helping sufferers of car accidents gain just settlement for injuries and damages.

Motorcycle Mishaps

Specializing in providing representation for individuals involved in two-wheeler accidents, ensuring adequate recompense for injuries.

Truck Mishap

Delivering adept legal services for drivers involved in big rig accidents, focusing on securing fair claims for losses.

Building Incidents

Committed to supporting employees or bystanders injured in construction site accidents due to oversights or recklessness.

Head Traumas

Committed to extending expert legal support for persons suffering from brain injuries due to negligence.

Canine Attack Traumas

Adept at tackling cases for victims who have suffered harms from dog bites or beast attacks.

Cross-walker Incidents

Dedicated to legal advocacy for cross-walkers involved in accidents, providing effective representation for recovering compensation.

Undeserved Demise

Fighting for families affected by a wrongful death, offering compassionate and experienced legal assistance to ensure restitution.

Spine Injury

Committed to assisting individuals with spine impairments, offering specialized legal services to secure recovery.

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