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Medical Malpractice Attorney in Westmont

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About Carlson Bier Associates

If you believe you have been a victim of Medical Malpractice in Westmont, Carlson Bier is here to provide the legal expertise and reassurance necessary during such challenging times. As seasoned medical malpractice attorneys, our firm has an impressive track record of handling complex cases with skilfulness and integrity. We prioritize your needs with our empathetic approach on your path towards justice. Our dedicated team meticulously investigates every detail surrounding allegations of negligence or harm caused by healthcare professionals. At Carlson Bier, we’re committed to ensuring that erroneous practices do not derail the trust required between patient and doctor; we pledge relentless advocacy for those caught in these unfortunate situations. We understand that no compensation can completely rectify your suffering; however, swift action can bring some semblance of solace by holding those accountable responsible for their actions which helps prevent recurrence in other unsuspecting victims while also meeting financial needs brought about by such incidents Choose Carlson Bier as a reliable ally on this legal journey because when it comes to health-related matters – You Deserve Justice.

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About Carlson Bier

Medical Malpractice Lawyers in Westmont Illinois

At Carlson Bier, we stand as a leading force in fighting for victims of medical malpractice. Our personal injury attorneys have honed abilities and developed extensive experience representing clients across Illinois. We are expert navigators through complex legal waters that every medical malpractice case entails.

Medical malpractice occurs when health care providers fail to adhere to standard professional conduct and as a result, the patient suffers an injury or harm. The lodestar of these standards is subject to what the average competent health professional would do under similar circumstances. It’s worth noting some key tenets of this potent area of law:

– A critical element that guides determinations within this realm is the existence of a doctor-patient relationship between the offending party and victim.

– Another foundational aspect requires demonstrating negligence on part of the health care provider: it’s not enough for patients to be simply unsatisfied with their treatment or results.

– Actual harm or damage must have been suffered because of said negligence; whether physical pain, mental torment, additional medical expenses, loss of earning capacity or any other negative implications.

For anyone engaging in seeking justice for such grievances, understanding these can seem quite tasking. That’s why having knowledgeable allies like us at Carlson Bier has proved indispensable time and again in Illinois.

Moving forward from there, one may ask – Is my case eligible? While each situation bears unique qualities and needs thorough evaluation by trained professionals prior to launching legal proceedings – generally cases constitute medical malpractice if they involve misdiagnosis wherein diseases were missed or incorrectly identified; surgical errors encompassing wrong-site operations or unneeded procedures; medication mistakes including dosage miscalculations; childbirth injuries caused due to negligent prenatal care; anesthesia failures among others.

We appreciate how emotionally draining dealing with repercussions from any such grievous event can be both personally & financially. Recognizing this firsthand as experienced legal practitioners in Illinois makes our lawyers more committed than ever before towards executing their duty with compassion, professionalism and due diligence. And because we don’t charge anything until compensation is received, victims can be assured of unhindered access to quality legal counsel without further burdening themselves financially.

Your health matters. Your rights matter. That’s why at Carlson Bier, we leave no stone unturned in ensuring that all cards are laid out on the table for our clients – offering insights on potential strategies going forward: comprehensive review of applicable laws, evaluated strengths and weaknesses of cases; presenting a succession path that targets securing rightful redress within the most efficient time frame possible.

At Carlson Bier, we ardently believe in holding negligent parties accountable for their actions. Medical malpractice isn’t just about monetary compensation; rather it’s about taking strides towards preventing such incidents from recurring and maintaining the integrity of health care practices across Illinois.

Getting involved in a medical malpractice claim may seem daunting at first glance but conversely not pursuing one could result in lifelong regret – knowing you allowed an offender to get away without facing any consequences for irresponsible actions. You have been resilient enough thus far; now let us help carry some load so you’re not walking this road alone anymore.

We understand that your focus should be recovery while trusting in someone capable to handle complexities these personal injury cases encompass substantiates moving ahead with confidence. Don’t stand by as an undeserving victim – click on the button below to take your first step towards demanding justice while finding out how much your case could potentially be worth.

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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 Westmont

Areas of Practice in Westmont

Pedal Cycle Crashes

Focused on legal assistance for people injured in bicycle accidents due to other parties' negligence or risky conditions.

Flame Traumas

Providing expert legal services for people of major burn injuries caused by events or carelessness.

Physician Malpractice

Delivering specialist legal support for clients affected by clinical malpractice, including wrong treatment.

Products Responsibility

Addressing cases involving dangerous products, offering specialist legal services to individuals affected by defective items.

Senior Malpractice

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

Trip & Trip Mishaps

Specialist in handling trip accident cases, providing legal representation to victims seeking recovery for their losses.

Birth Injuries

Extending legal guidance for relatives affected by medical carelessness resulting in birth injuries.

Car Accidents

Mishaps: Focused on assisting victims of car accidents gain reasonable payout for harms and destruction.

Two-Wheeler Mishaps

Specializing in providing legal services for riders involved in motorcycle accidents, ensuring justice for traumas.

Semi Accident

Ensuring professional legal support for clients involved in semi accidents, focusing on securing fair claims for damages.

Worksite Mishaps

Engaged in defending employees or bystanders injured in construction site accidents due to oversights or recklessness.

Head Harms

Specializing in ensuring compassionate legal services for clients suffering from cerebral injuries due to accidents.

Dog Bite Injuries

Adept at dealing with cases for persons who have suffered wounds from dog attacks or wildlife encounters.

Cross-walker Incidents

Committed to legal assistance for joggers involved in accidents, providing professional services for recovering damages.

Unfair Death

Striving for grieving parties affected by a wrongful death, providing understanding and experienced legal assistance to ensure restitution.

Spine Impairment

Specializing in defending persons with spine impairments, offering dedicated legal support to secure justice.

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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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