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Medical Malpractice Attorney in New Baden

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About Carlson Bier Associates

When it comes to medical malpractice cases in New Baden, Carlson Bier leads the way. Our unbeaten track record and assiduous dedication to our clients’ needs set us apart in the complex world of personal injury law. We provide expert guidance through every step of your case; from patient advocacy all the way to trial if necessary. The depth and breadth of our cumulative experience ensures that we can interpret any complex issues surrounding your situation with utmost precision. Our attorneys at Carlson Bier have been successful time after time due to their unwavering commitment, making them an excellent choice for residents dealing with such legal complexities. At Carlson Bier, we pay meticulous attention to detail when investigating each individual circumstance – striving relentlessly against negligence within healthcare settings which occurred in or affected New Baden locals. Understanding Illinois laws inside-out allows us an edge while fighting these challenging cases on behalf of those who trusted their very lives into professionals’ hands but were let down tragically.We bring accountability where it’s overdue.Carlson Bier: For wisdom drawn from experience, seek justice now!

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About Carlson Bier

Medical Malpractice Lawyers in New Baden Illinois

At the esteemed law office of Carlson Bier, we place great emphasis on client education; empower yourself with knowledge and find strength in understanding. Today, our focus turns towards a crucial segment in the realm of personal injury litigations – Medical Malpractice. By shedding light on this topic, we seek to equip you with important information that can make all the difference in your case.

Medical malpractice occurs when a healthcare provider deviates from accepted professional standards while providing care or treatment, causing injuries that could have been prevented. Notions may surface that medical malpractice only extends to obvious mistakes such as surgical errors and wrongly prescribed medications. However, it is so much more complex than these simple examples indicate.

• Failure to diagnose or misdiagnosis

• Negligent prenatal care or harmful birth practices

• Incorrectly interpreting lab results

• Unnecessary surgeries

• Premature discharge

These instances also fall under the broad umbrella of medical malpractice cases which one could pursue a claim for compensation.

Mitigating factors such as consent and inherent risk factor are considered before deeming an act a medical malpractice. The healthcare provider must breach their duty of care by failing to provide services lined up with standard protocol for any legal action to be viable.

Engaging with specialized legal counsel is imperative since pursuing such lawsuits requires extensive experience and proficiency due to its multifaceted complexity. We at Carlson Bier take great pride in our excellent track record litigating medical malpractice cases over several years across Illinois. Our professional team brings years of combined experience coupled with an unwavering dedication passionately upheld towards helping individuals secure justice.

Although each case varies dramatically based on individual circumstances, common damages include past/current/future medical bills, lost wages if victim has been unable/ will not be able to work due physical or mental impairment stemming from negligence, pain & suffering caused by injuries incurred during incident(s), emotional distress associated directly with impacts of trauma, punitive damages meant to punish offending party for gross negligence or intentional harm.

The State of Illinois imposes statutory caps on non-economic compensations like pain and suffering while allowing no limit for economic reparations such as medical costs or lost earnings. Recall this crucial aspect when understanding what kind of compensation may be viable in your specific case.

We understand that the arena of medical malpractice lawsuits is intricate, often making it hard to decipher legal jargon singlehandedly. That’s where our team steps in hand to shoulder the load, expedite proceedings and clarify every query looming in your mind.

The process begins by initiating a free consultation with our talented attorneys to discuss potential grounds for a lawsuit pertaining to your personal injury case. Post consideration, we gather supporting evidence essential in sustaining claims against parties at fault, followed by representing clients fiercely during trial until justice is served!

Is it time you found out about the true worth of your medical malpractice claim? Pushing through obstacles and uncertainties alone can indeed be daunting; let us guide you towards informed decisions backed by expertise gathered over countless successful cases right here at Carlson Bier. You need not bear this burden alone; allow us to fight for you! Click on the button below – unlock possibilities toward fair compensation awaiting just around the corner! It’s high time justice was served. Let Carlson Bier aid you in taking that first step today!

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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 New Baden

Areas of Practice in New Baden

Two-Wheeler Mishaps

Specializing in legal assistance for people injured in bicycle accidents due to responsible parties' negligence or unsafe conditions.

Flame Traumas

Giving skilled legal services for people of severe burn injuries caused by incidents or negligence.

Clinical Carelessness

Extending specialist legal assistance for clients affected by medical malpractice, including surgical errors.

Commodities Responsibility

Handling cases involving dangerous products, delivering professional legal assistance to customers affected by harmful products.

Senior Neglect

Supporting the rights of seniors who have been subjected to neglect in elderly care environments, ensuring restitution.

Fall & Slip Incidents

Adept in dealing with stumble accident cases, providing legal services to clients seeking justice for their injuries.

Infant Damages

Providing legal help for families affected by medical carelessness resulting in neonatal injuries.

Automobile Accidents

Collisions: Committed to helping individuals of car accidents get just payout for hurts and destruction.

Scooter Collisions

Focused on providing legal services for victims involved in motorcycle accidents, ensuring adequate recompense for harm.

Big Rig Collision

Providing experienced legal support for individuals involved in big rig accidents, focusing on securing fair recompense for losses.

Construction Incidents

Engaged in advocating for staff or bystanders injured in construction site accidents due to safety violations or misconduct.

Cognitive Injuries

Dedicated to delivering compassionate legal services for clients suffering from head injuries due to incidents.

Dog Bite Injuries

Expertise in managing cases for people who have suffered traumas from dog attacks or animal attacks.

Jogger Mishaps

Specializing in legal services for cross-walkers involved in accidents, providing expert advice for recovering damages.

Unjust Death

Advocating for loved ones affected by a wrongful death, delivering empathetic and expert legal support to ensure restitution.

Backbone Harm

Specializing in assisting patients with spine impairments, offering dedicated legal representation 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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