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Medical Malpractice Attorney in San Jose

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About Carlson Bier Associates

When facing medical malpractice cases, it’s vital to enlist a trusted and professional firm such as Carlson Bier. Renowned for their effectiveness, Carlson Bier brings profound expertise obtained from successfully resolving an extensive range of personal injury disputes. Specializing in medical malpractice claims allows them to equip clients with high-quality legal representation and strategic navigation through sophisticated matters. Service areas expand beyond Illinois, embracing individuals who have been wronged by healthcare professionals anywhere; every client is valued immensely irrespective of geographic boundaries. Regardless of the complexity or uniqueness of your case, Carlson Bier goes beyond norms to facilitate satisfactory settlements or court rulings favoring their clients’ interests. The firm assures committed dedication while tirelessly aligning all resources towards successful outcomes – testimony on why they remain a reliable consideration when seeking proficient lawyers for medical malpractice cases.

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About Carlson Bier

Medical Malpractice Lawyers in San Jose Illinois

At Carlson Bier, we understand that navigating the intricate world of medical malpractice can feel overwhelming and complex. As an Illinois-based personal injury law firm, our goal is to provide top-tier legal representation while ensuring you comprehend every step of this multifaceted process. Medical malpractice arises when a healthcare professional, through negligence or omission, causes harm or injury to a patient under their care. This can take many forms such as misdiagnosis, errors during surgery or childbirth injuries.

Medical negligence comes with wide-ranging repercussions for victims and it’s pivotal that you fully grasp these aspects. To begin with, there are physical and psychological effects – injuries sustained could lead to lifetime disabilities or mental trauma that extends far beyond the active treatment period. Additionally, financial implications can be catastrophic – costly medical fees coupled with income loss if one cannot work due to the sustained injuries.

At Carlson Bier, our objective rests on arming you with pertinent information pertaining to your rights as a victim of medical malpractice in Illinois:

• In-person Consultation: This first step allows us to assess your claim’s viability and enables us in formulating a strategic plan tailored around your individual situation.

• Statute of Limitations: In Illinois’ law terms, you have up to two years from when the alleged act took place (or was discovered) to make a claim; any case raised past this limit risks being dismissed in court.

• Proof of Negligence: A crucial part within any lawsuit revolves around demonstrating that negligence indeed occurred; simply being unsatisfied with your treatment outcome doesn’t automatically substantiate malpractice. Our role entails proving four fundamental elements consistent within all claims namely: A doctor-patient relationship existed; The doctor acted negligently and did not provide competent care; That negligence led directly to harm/injury; Said harm resulted in quantifiable damages (pain & suffering/physical/emotional/financial).

Leveraging multiple decades’ worth experience in personal injury law, our dedicated attorneys are primed to confront healthcare providers and insurance companies head-on. Our firm prides itself on a rigorous approach shaped through meticulous preparation, fierce negotiation tactics and a relentless commitment towards advocating for your rights.

Our trusted team at Carlson Bier understands that each case is unique and warrants personalized attention – whether you were injured due to medication errors, hospital negligence, nursing home abuse or failure to diagnose an illness timely. We also believe in open communication channels with our clients and will keep you updated about the status of your case.

Medical malpractice cases can result in significant settlements thereby establishing why it’s crucial to trust an experienced law firm like Carlson Bier for your legal needs. We function strictly on a contingency fee basis which means if we don’t win your case, there’ll be no fees involved.

Seeking justice after experiencing medical malpractice can feel immensely daunting, but know that you are not alone. The staff at Carlson Bier is here to lend their support throughout this entire new chapter in your life by providing professional yet empathetic assistance every step along the way.

We understand the stakes involved – physical health infringements leave victims feeling vulnerable; financial stability gets threatened whilst emotional wellbeing takes center stage especially when trusting relationships between practitioners get violated. However, rest assured that as competent Illinois-based attorneys specializing within personal injury law, our primary undertaking lies with ensuring suitable compensation corresponding directly with injustices faced and losses endured.

In light of all these dynamics intrinsic within medical malpractice litigation itself combined alongside what’s at stake for affected individuals, we invite you now more than ever before – take action toward securing apt restitution proportionate towards inflicted harm done thus far. Do click the button below so as to find out precisely what your claim might actually be worth just given everything touched upon herein right atop potential other factors left unexplored till now. Allow us help redirect ensuing chaos back towards obtaining closure rightfully deserved all along.

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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 San Jose

Areas of Practice in San Jose

Two-Wheeler Crashes

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

Fire Traumas

Giving adept legal help for patients of major burn injuries caused by events or indifference.

Medical Misconduct

Extending specialist legal services for clients affected by hospital malpractice, including misdiagnosis.

Products Obligation

Addressing cases involving dangerous products, supplying professional legal assistance to clients affected by faulty goods.

Elder Abuse

Supporting the rights of aged individuals who have been subjected to abuse in senior centers environments, ensuring fairness.

Tumble & Slip Incidents

Adept in dealing with slip and fall accident cases, providing legal assistance to victims seeking compensation for their injuries.

Infant Injuries

Offering legal assistance for families affected by medical carelessness resulting in infant injuries.

Motor Collisions

Accidents: Focused on assisting individuals of car accidents secure fair compensation for injuries and harm.

Scooter Crashes

Expert in providing legal services for motorcyclists involved in scooter accidents, ensuring adequate recompense for losses.

18-Wheeler Incident

Providing professional legal representation for drivers involved in lorry accidents, focusing on securing appropriate recompense for damages.

Construction Site Mishaps

Focused on assisting workers or bystanders injured in construction site accidents due to oversights or misconduct.

Neurological Injuries

Committed to offering specialized legal services for persons suffering from cerebral injuries due to misconduct.

Dog Attack Harms

Skilled in addressing cases for victims who have suffered harms from dog bites or beast attacks.

Cross-walker Incidents

Expert in legal support for foot-travelers involved in accidents, providing dedicated assistance for recovering compensation.

Undeserved Death

Striving for grieving parties affected by a wrongful death, offering caring and skilled legal assistance to ensure restitution.

Backbone Harm

Committed to defending individuals with spinal cord injuries, offering dedicated legal representation to secure settlement.

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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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