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Medical Malpractice Attorney in O'Fallon

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About Carlson Bier Associates

When choosing a Medical Malpractice attorney, trust and expertise are paramount. With Carlson Bier, you receive much more than just legal representation; you gain access to an unparalleled wealth of knowledge in the field of medical malpractice laws prevalent in Illinois and specifically operational around O’Fallon. Our group not only caters to clients seeking justice but also provides emotional support throughout their legal journey. Powered by seasoned lawyers with extensive courtroom experience dealing with diverse personal injury cases related to medical negligence or errors, Carlson Bier has become an integral pillar for many people seeking justice against malpractices within the complex healthcare system. Understanding that every medical malpractice incident is unique yet traumatic, we offer personalized guidance while ensuring tight compliance with state-specific judicial guidelines pertinent to O’Fallon city cases without breaching any position protocols as mandated under the Illinois law framework. Choose us—Choose authenticity, empathy, recalibrated strategies and tangible success stories right resulting from dedicated professional service geared towards client-centered victories! Trust our team at Carlson Bier-your top consideration for Medical Malpractice partnership!

Meet Our Attorneys
About Carlson Bier

Medical Malpractice Lawyers in O'Fallon Illinois

At Carlson Bier, we specialize in providing comprehensive legal services related to personal injuries, with a dedicated team of experts who emphasize on Medical Malpractice specifically. Medical malpractice is an area that many don’t fully comprehend until it directly affects them. We invest our resources and expertise into empowering you with knowledge about this critical legal arena so that you can make informed decisions regarding your case.

Medical malpractice revolves around healthcare professionals’ negligence or exacting treatments below the accepted standards causing injury or, worse, death to a patient. This typically encompasses various actions: misdiagnosis, incorrect treatment procedure, surgical errors, improper medication prescription or dosage among other medical errors which may lead to devastating consequences. Furthermore:

• It requires establishing a ‘duty of care,’ meaning the healthcare professional was obligated legally to provide competent care.

• The ‘breach of duty’ proves the provider failed their responsibility leading to harm.

• The breach should’ve directly resulted in the injury suffered by the patient.

Understanding these factors distinctly offers clarity over whether one has faced medical malfortune or not and consequently decides on seeking rightful compensation for undue suffering under our guidance at Carlson Bier.

Our robust practice puts forth resources emphasizing Illinois-specific laws addressing unique intricacies embedded within these cases locally – primarily helping residents understand how crucial timing is when intending at filing such lawsuits given our state imposes strict statutes of limitations defined explicitly under Illinois law. Also worth noting:

• Immediate reporting of any potential pertinent instances helps build strong evidence benefiting your case significantly.

• Keeping detailed records assists with presenting precise information supporting your claims critically.

• Expert testimonials get viewed as valuable objective insights within court proceedings.

Making sense out of complex situations necessitates meticulous analysis coupled with industrial cognizance – something we prioritize highly at Carlson Bier while advocating for our clients relentlessly. Our methodology includes offering personalized consultation sessions designed empathetically towards making you comfortable while detailing your ordeal before proceeding in diligently framing and representing your case.

Navigating such cases singularly can be overwhelming, understanding which makes it imperative for us to step in and shoulder the stressors involved. The familiarity of our team with intricate Illinois laws means we’re excellently equipped to help fight your battles tirelessly while ensuring safeguarding of your rights throughout.

Maintaining an unflinching seeking justice undertone enables our firm to stand out from generic counterparts – a testament backed by glowing client testimonials appreciating proficient case handling efforts devoted unwaveringly towards offering them closure. Our process is open and transparent, allowing seamless discussions around potential claim values based on historical data and testimonies from similar cases that have been presented before courts.

Being sensitive to each individual’s unique circumstances helps foster a sense of belonging reassuring our clients they are not alone facing their adversity but instead accompanied by seasoned professionals ready at their service every step along the journey constantly.

Now, thanks to our Company’s pioneering online portal – when you feel ready after acquainting yourself briefly about Medical Malpractice basics above critical, you may directly assess how much your case could potentially worth leveraging detailed inputs on offer combining vast litigation experience Carlson Bier brings across diverse medical malpractice scenarios encountered in previous years. So why wait any longer? Empower yourself today by exploring our user-friendly interface right away! Click on the button below now and take the first assertive step towards restoring control over your life – one that gives you faith in ability closely guarded under well-rooted principles we firmly stand upon here at Carlson Bier law firm headquarters rooted deeply within Illinois state borders beyond just legal assistance offered but as essential pillars local communities faithfully rely on making a real difference amidst challenging times inevitably faced together yet tackled resiliently always.

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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 O'Fallon

Areas of Practice in O'Fallon

Bicycle Accidents

Expert in legal assistance for victims injured in bicycle accidents due to negligent parties' lack of care or dangerous conditions.

Burn Wounds

Offering adept legal help for victims of serious burn injuries caused by incidents or carelessness.

Physician Malpractice

Providing experienced legal services for patients affected by hospital malpractice, including surgical errors.

Merchandise Liability

Managing cases involving dangerous products, providing professional legal guidance to consumers affected by harmful products.

Geriatric Mistreatment

Representing the rights of seniors who have been subjected to malpractice in nursing homes environments, ensuring justice.

Stumble and Slip Accidents

Skilled in addressing trip accident cases, providing legal support to victims seeking restitution for their damages.

Neonatal Harms

Extending legal guidance for households affected by medical malpractice resulting in birth injuries.

Automobile Crashes

Incidents: Concentrated on assisting victims of car accidents receive equitable compensation for harms and harm.

Motorcycle Incidents

Expert in providing legal assistance for bikers involved in motorbike accidents, ensuring justice for harm.

Big Rig Incident

Ensuring expert legal assistance for drivers involved in trucking accidents, focusing on securing adequate compensation for harms.

Building Site Accidents

Concentrated on advocating for staff or bystanders injured in construction site accidents due to oversights or carelessness.

Cerebral Traumas

Expert in extending expert legal services for individuals suffering from neurological injuries due to negligence.

Canine Attack Wounds

Skilled in addressing cases for people who have suffered harms from dog attacks or creature assaults.

Cross-walker Collisions

Expert in legal assistance for joggers involved in accidents, providing dedicated assistance for recovering compensation.

Unwarranted Fatality

Working for families affected by a wrongful death, delivering sensitive and professional legal services to ensure restitution.

Backbone Trauma

Focused on representing clients with backbone trauma, offering professional legal support to secure compensation.

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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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