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Medical Malpractice Attorney in Saint Charles

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About Carlson Bier Associates

When it comes to legalities surrounding Medical Malpractice, you deserve only the best representation. This is where Carlson Bier enters the scene; an Illinois-based personal injury law firm with a focus on medical malpractice cases. Our valued clients know us for our dedication, expertise, and personalized attention as we seek justice and compensation for their suffering caused by healthcare negligence or misconduct. Making sure your rights are upheld without compromise is our utmost priority. With extensive experience in handling complex medical litigations, we strive to bring clear-cut solutions even amidst daunting challenges of these sensitive cases. For residents of Saint Charles seeking skilled advocacy during trying times can trust in Carlson Bier’s commitment towards delivering quality legal service that results in deserved restitution and peace of mind for them—always upholding justice while maintaining decency, integrity and compassion throughout the entire process of resolving each case. Trust only Carlson Bier—the leading authority when it concerns matters related to Medical Malpractice battles fought ethically and ardently.

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About Carlson Bier

Medical Malpractice Lawyers in Saint Charles Illinois

Personal injury law is a complex field tasked with the responsibility of righting wrongs caused by negligence or recklessness. At Carlson Bier, we dedicate our resources and expertise to representing families impacted by personal injury matters – particularly in areas of medical malpractice. We proudly serve clients throughout Illinois, forging effective strategies aimed at securing rightful compensation.

Medical malpractice claims often stem from healthcare professionals or institutions breaching their duty of care towards patients, leading to significant injuries or fatalities. This breach encompasses numerous scenarios such as misdiagnosis, surgical errors, birth injuries, prescription mistakes and failure to inform about treatment risks.

Understanding what constitutes actionable medical malpractice forms an essential part of seeking justice for the aggrieved parties.

• Factual relationship between the healthcare provider and patient: A provable patient-provider relationship must exist; without this foundation, it becomes challenging to prove liability.

• Negligence on part of health professional: Sub-par care isn’t tantamount to malpractice. The practitioner’s actions should deviate markedly from standard procedures that competent peers would have followed in similar circumstances.

• Link between negligence and the injury: Situations may arise where establishing a direct link equating negligence with harm suffered turns into an exercise requiring extensive legal knowledge – something where our attorneys shine.

• Damage caused due to these incidents: Damages can range from physical pain and suffering to emotional distress, loss of income or hefty medical bills incurred due to additional treatments for correcting preventable errors.

The time limits regarding when you can raise such complaints are defined under Illinois’ Statute of Limitations: two years from when you discovered your injuries but not more than four years from when negligent act occurred. Infants enjoy more flexibility in lodging such complaints – before their 8th birthday if the damaging event took place before they turned two.

At Carlson Bier, we recognize how overwhelming dealing with these instances can be while combating health complications brought on by the negligence of healthcare professionals you trusted. To that end, our workforce of empathetic yet tenacious attorneys tirelessly works to help you overcome these hurdles, providing quality guidance at every stage – from explanation of complex legal jargon through comprehensive analysis about the merits and plausible strategies for your case.

We believe in thorough investigation when it comes to medical malpractice cases. We rely on hard facts, stringent processes and effective collaboration with respected medical practitioners. Our team relentlessly pursues accountability from those responsible while ensuring that clients are protected throughout their journey towards justice.

Our primary aim is restitution for victims and their families. If we’re unable to negotiate a constructive settlement outside courtrooms, we leverage our extensive litigation experience to bring justice via trials. In doing so, we work on contingency fees – meaning you don’t have any financial burdens until we secure compensation for you.

The road to recovery can be long and arduous but having experienced professionals like us handling your legal battles can provide some peace during turbulent times. Here in Illinois, retaining accomplished attorneys truly makes a difference in both maneuvering intricate personal injury laws and outcomes obtained.

Let Carlson Bier champion your cause whilst prioritizing your needs above all else because ultimately -it’s not just about winning; it’s about delivering justice where deemed fit.

We invite you now to take advantage of our free case evaluation services offering realistic assessments –providing valuable guidance without any obligation–so click below and let’s decipher how much value lies untapped within your medical malpractice claim. Let us pave this path forward together so that tomorrow brings renewed hope amidst life-altering circumstances.

Remember, time waits for no one, especially when limited by statutory regulations – so act now! Bring us onboard today as partners navigating justice-filled waters…and rest assuredly knowing Carlson Bier champions YOUR cause steadfastly!

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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 Saint Charles

Areas of Practice in Saint Charles

Pedal Cycle Accidents

Focused on legal support for persons injured in bicycle accidents due to negligent parties' carelessness or unsafe conditions.

Flame Wounds

Providing specialist legal help for victims of major burn injuries caused by accidents or misconduct.

Healthcare Carelessness

Delivering expert legal assistance for persons affected by physician malpractice, including wrong treatment.

Goods Fault

Handling cases involving unsafe products, extending expert legal support to individuals affected by defective items.

Geriatric Neglect

Representing the rights of elders who have been subjected to mistreatment in aged care environments, ensuring protection.

Stumble and Stumble Mishaps

Adept in handling slip and fall accident cases, providing legal assistance to persons seeking justice for their harm.

Newborn Damages

Delivering legal assistance for relatives affected by medical carelessness resulting in birth injuries.

Car Accidents

Collisions: Dedicated to helping sufferers of car accidents gain reasonable compensation for injuries and damages.

Scooter Mishaps

Expert in providing legal support for riders involved in motorcycle accidents, ensuring justice for losses.

Trucking Collision

Ensuring expert legal representation for victims involved in trucking accidents, focusing on securing appropriate claims for damages.

Building Site Incidents

Committed to representing employees or bystanders injured in construction site accidents due to recklessness or carelessness.

Brain Injuries

Committed to delivering professional legal representation for individuals suffering from brain injuries due to carelessness.

Dog Attack Injuries

Adept at dealing with cases for clients who have suffered damages from canine attacks or wildlife encounters.

Foot-traveler Mishaps

Expert in legal representation for joggers involved in accidents, providing professional services for recovering recovery.

Unjust Demise

Advocating for relatives affected by a wrongful death, delivering empathetic and expert legal support to ensure fairness.

Vertebral Damage

Committed to advocating for persons with spine impairments, offering dedicated legal support to secure redress.

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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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