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Medical Malpractice Attorney in Oakbrook Terrace

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About Carlson Bier Associates

In the face of medical malpractice, securing legal counsel with confidence and competence is vital. Carlson Bier stands as a beacon for those needing resolute representation in Oakbrook Terrace. Our premium practice excels in navigating the complexities of such lawsuits, fortified by extensive experience within Illinois’ unique legislative landscape. We take pride in our deep-rooted commitment to responsive communication, ensuring every query finds quick resolution and each client feels valued. At Carlson Bier, we don’t see cases – we see people; your well-being matters just as much to us conduit for justice does. Astute evaluation enlivens our approach; through rigorous investigation and evidence scrutiny, no stone is left unturned towards strategizing your optimal outcome. Leveraging strong professional connections across local health services certainly advantages us further: it fuels our ability to delineate negligence from mere unfortunate circumstance accurately compellingly—a benefit clients can count on when make-or-break court performances matter most.Conclusively advocating stages like an unwavering mission at Carlson Bier – stand with us on this journey conquering critical crossroads between justice served and peace regained.

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About Carlson Bier

Medical Malpractice Lawyers in Oakbrook Terrace Illinois

At Carlson Bier, we are a dedicated group of personal injury attorneys based in Illinois renowned for our extensive experience and comprehensive understanding of medical malpractice law. Our mission is to provide you with the utmost service by ensuring that your rights are protected and helping you obtain maximum compensation for any harm incurred due to medical negligence.

Medical malpractice represents one of the most serious breaches in public trust, as health professionals failing to follow established standards can result in significant harm or even death. As experienced lawyers who specialize in this area, we want to share some critical information about medical malpractice which may be particularly beneficial in aiding your understanding of your rights under Illinois law.

• Medical malpractice occurs when a health care provider deviates from the ‘standard of care,’ defined as what other medical practitioners would have done under similar circumstances.

• These instances can include but aren’t limited to surgical errors, missed or wrong diagnoses, childbirth injuries, pharmacy prescription mistakes, etc.

• Victims must prove four crucial elements: duty – showing that there was an obligation; breach – proving deviation from standard care; cause- proof that the breach caused the injury; damages- evidence of actual loss or damage.

While these cases require significant skill and legal knowledge due to their complexity and involved parties (insurance companies often aggressively defend against these claims), it’s important to note that there’s no need to feel overwhelmed. At Carlson Bier, a part of our endeavor involves taking on such challenges head-on so individuals like yourself won’t have a daunting road ahead.

Illinois has distinct laws regarding how long victims have after noticing an injury result from medical malpractices. According to these rules known as statutes of limitations, you usually have two years from the discovery date but never more than four years from the incident date. Exceptions exist if plaintiffs were minors during harm or where foreign bodies left inside them surgically without detection over time also changes these timelines somewhat.

Taking all absolutes into consideration, swift action is strongly advised. The sooner the case gets initiated, the more time there will be to thoroughly investigate and prepare a convincing lawsuit. Rest assured that every client at Carlson Bier is treated with respect – your case isn’t just another file in our cabinet; we understand the profound effect this situation has on you or a loved one’s life.

We determine strategic approaches and work tirelessly to secure maximum compensation for medical expenses, lost wages due to inability work, pain and suffering both physical as well as emotional, offered without underestimating true losses incurred. While you don’t necessarily deserve us, you undeniably need lawyers who never diverge from moral integrity and excellence.

We are certain that choosing an experienced attorney will significantly enhance the odds of success in these nuanced matters – making quite literally an impactful difference between winning or losing a settlement. So why not let Carlson Bier handle all strenuous procedures aggregable legal nuances so you can concentrate more on recovery?

Let’s face it: It doesn’t matter how much someone tells us about something until we decide to take action ourselves- nothing else really changes our lives. Because we believe deeply in this ideology as your personal injury attorneys based here in Illinois whose primary mission is too ease such intricate complications that come along handling personal injury lawsuits- we want to offer some valuable upshots.

Firstly, being aware of what needs doing once suspecting potential instances of malpractice might look like intentionally is aiding immensely towards avoiding further complications down the line…Early detection truly plays an instrumental role securing desired outcomes possible.

Lastly remember although things seem dismal at moment due recent predicaments; guidance necessary only comes when seeking so actively …Here Carlson Bier act leading torch bearers illuminating ways across dark tunnels filled ambiguities fears accompanying such entitlements promising recompense after overcoming arduous journeys ahead! Not only do possess necessary authority equivalently abiding responsibility ensuring each client deserves rightful justice delivered timely; also adopt holistic personal approach keeping primed welfare utmost priority consideration.

Our committed Carlson Bier team is always available to address your queries, listen to your concerns and guide you through each step of the legal process. To find out how much your case could potentially be worth, proceed by clicking on the button below. We stand ready to support you in seeking fair compensation for the damages incurred due to medical malpractice, helping ensure that justice prevails.

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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 Oakbrook Terrace

Areas of Practice in Oakbrook Terrace

Two-Wheeler Crashes

Specializing in legal support for clients injured in bicycle accidents due to negligent parties' carelessness or risky conditions.

Thermal Injuries

Supplying skilled legal support for patients of severe burn injuries caused by events or misconduct.

Hospital Negligence

Extending dedicated legal support for patients affected by healthcare malpractice, including misdiagnosis.

Products Accountability

Taking on cases involving problematic products, providing skilled legal support to clients affected by harmful products.

Aged Mistreatment

Advocating for the rights of elders who have been subjected to abuse in aged care environments, ensuring protection.

Slip & Trip Occurrences

Expert in handling fall and trip accident cases, providing legal representation to victims seeking recovery for their damages.

Birth Damages

Delivering legal help for loved ones affected by medical negligence resulting in newborn injuries.

Car Crashes

Accidents: Devoted to aiding clients of car accidents secure fair payout for damages and damages.

Motorcycle Collisions

Committed to providing legal services for victims involved in scooter accidents, ensuring fair compensation for damages.

Truck Collision

Extending specialist legal support for victims involved in semi accidents, focusing on securing just compensation for injuries.

Building Site Collisions

Dedicated to advocating for workers or bystanders injured in construction site accidents due to recklessness or carelessness.

Brain Harms

Specializing in delivering dedicated legal assistance for clients suffering from neurological injuries due to negligence.

Canine Attack Traumas

Adept at tackling cases for persons who have suffered traumas from canine attacks or animal attacks.

Foot-traveler Mishaps

Expert in legal representation for cross-walkers involved in accidents, providing dedicated assistance for recovering restitution.

Unjust Demise

Striving for grieving parties affected by a wrongful death, extending empathetic and expert legal support to ensure justice.

Spinal Cord Trauma

Committed to assisting persons with vertebral damage, offering dedicated legal representation to secure recovery.

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