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Medical Malpractice Attorney in Waverly

Let Carlson Bier Fight For You

Over $50 Million in Recoveries

Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When seeking a redress for incidents stemming from medical malpractice in Waverly, it’s crucial to engage an experienced and dedicated legal team such as Carlson Bier. Comprehensively versed in the intricacies of Illinois’ complex healthcare law standards, Carlson Bier has rightfully earned its reputation for excellence within the realm of personal injury cases. Our attorneys stand ready to meticulously analyze your case details and guide you through each phase with unrelenting dedication. Medical malpractice can trigger irreversible damage both mentally and physically–at Carlson Bier, we are committed to securing fair recompense that adequately reflects the trauma endured by our clients. Opting for Carlton Bier ensures access to a formidable footprint across different courts, combined with consistent track record achievements indicative of deep expertise unique only to seasoned practitioners like us. While anchored on stringent evaluation processes aimed at proof substantiation—our legal firm remains unmatched at surmounting even seemingly insurmountable odds throughout your quest for justice in Waverly’s courtroom battles.

About Carlson Bier

Medical Malpractice Lawyers in Waverly Illinois

When you or a loved one has been the victim of medical malpractice, it can be an incredibly overwhelming time filled with uncertainty. At Carlson Bier, our personal injury attorneys harbor a deep understanding of Illinois law and its complexities in relation to malpractice claims. Equipped with years of experience, we strive to provide peace of mind by assisting victims navigate through this daunting process with dignity and confidence.

Medical malpractice occurs when a doctor or other healthcare provider fails to uphold the standard care required by their profession, leading to preventable harm for a patient. What distinguishes medical malpractice cases is intricate; indeed, not every mistake made by medical professionals constitutes as ‘malpractice’. For this reason, many victims may feel uncertain if they have valid grounds for filing a lawsuit.

To assist you further:

• In terms of surgical errors such as wrong surgery site or incorrect procedure performed – these are clear cases of medical negligence.

• Misdiagnosis or failure to diagnose is another form of negligence which leads patients into unnecessary procedures, medication complications or failing timely treatments.

• Pharmaceutical errors encompass giving the wrong medication dosage or prescribing an inappropriate drug that causes detrimental health effects.

• Birth injuries inflicted during childbirth due to poor prenatal care or proficient labor management fall under obstetrical malpractice.

Conversely, sometimes genuine human error occurs that might result in unfortunate incidents but does not necessarily label them under ‘medical negligence.’ Such scenarios require rigorous examination from seasoned attorneys like us at Carlson Bier who can adeptly assess each case on individual basis.

A successful claim requires more than just identification of negligent act; it’s crucial also demonstrating how this breach impacted adversely on your life. Whether it was additional physical pain endured, emotional distress suffered due to worsened condition’s prognosis after late diagnosis; hard monetary costs incurred like deborating medical loans – all these factors constitute effectively towards any potential reward compensations.

Moreover, Illinois law imposes certain time limitations called ‘Statute of Limitations’ on such cases. Typically, victims have 2 years from when they realized (or should have ideally recognized) about the injury to file a lawsuit. This however can sometimes be extended under exceptions like ‘Discovery Rule.’ Carlson Bier houses proficient injury attorneys who expertly guide clients maneuvering through these legal technicalities.

We at Carlson Bier aptly understand how every medical malpractice incident remains unique with distinct set of circumstances. Our team works diligently gathering all necessary evidence supporting your claim, corroborating with witnesses including medical experts besides guiding you through dispositions and trial proceedings if it comes to that stage.

Leveraging our high level expertise in Illinois personal injury law, the attorneys at Carlson Bier are committed to advocating on behalf of their clients tirelessly until rightful justice is achieved. It’s our excellence in client-service that has earned us high reputation as reliable allies championing for those whose lives were disrupted due to medical negligence leading them towards recovery and closure.

Choosing an experienced attorney is critical while dealing with complexities associated surrounding malpractice lawsuits since stakes involved could potentially be astronomical having profound impact on victim’s life and wellbeing – physically, emotionally financially too! Hence trusting real champions like us becomes extremely indispensable offering you much needed assurance during this tough phase.

Time being essence in such scenarios- to not only conform within specified statute limitations but also before crucial evidences might get lost or pertinent witnesses memory begins fading out – we encourage you assertively filling out brief form below and one of our well versed attorneys would get back: helping evaluate better about estimated claim amount worthwhile proceeding for based upon each case’s specifics thereby ensuring that affected ones receive their deserved compensation contributing positively for rebuilding lives post this tragic occurrence.

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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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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 Waverly

Areas of Practice in Waverly

Two-Wheeler Accidents

Dedicated to legal advocacy for persons injured in bicycle accidents due to responsible parties' carelessness or perilous conditions.

Fire Wounds

Offering specialist legal support for patients of major burn injuries caused by accidents or indifference.

Medical Misconduct

Extending professional legal representation for patients affected by physician malpractice, including surgical errors.

Merchandise Fault

Managing cases involving defective products, extending adept legal help to victims affected by harmful products.

Elder Abuse

Protecting the rights of aged individuals who have been subjected to misconduct in elderly care environments, ensuring restitution.

Fall and Tumble Occurrences

Skilled in managing slip and fall accident cases, providing legal support to victims seeking justice for their losses.

Neonatal Wounds

Delivering legal help for households affected by medical carelessness resulting in infant injuries.

Vehicle Incidents

Mishaps: Devoted to supporting individuals of car accidents gain appropriate payout for wounds and destruction.

Bike Crashes

Focused on providing legal support for bikers involved in motorcycle accidents, ensuring adequate recompense for injuries.

Trucking Accident

Providing adept legal services for individuals involved in big rig accidents, focusing on securing just compensation for hurts.

Worksite Mishaps

Focused on representing workers or bystanders injured in construction site accidents due to carelessness or negligence.

Head Damages

Committed to providing professional legal advice for persons suffering from head injuries due to misconduct.

Dog Attack Wounds

Skilled in dealing with cases for people who have suffered injuries from puppy bites or animal attacks.

Foot-traveler Crashes

Specializing in legal support for pedestrians involved in accidents, providing effective representation for recovering recovery.

Unjust Demise

Advocating for families affected by a wrongful death, offering empathetic and professional legal services to ensure redress.

Spinal Cord Harm

Expert in defending clients with spinal cord injuries, offering compassionate legal representation to secure compensation.

Contact Us Today if you need a Person Injury Lawyer