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Medical Malpractice Attorney in Wheaton

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About Carlson Bier Associates

When facing a medical malpractice situation in Wheaton, seeking legal counsel from Carlson Bier provides an assurance of expert representation. As seasoned personal injury lawyers, we comprehend the intricate nature of Illinois’ health-related litigation environment. Our firm boasts a stellar reputation for effectively representing clients with medical malpractice claims involving surgical errors, misdiagnosis or late diagnosis and medication mistakes among others. Each case is meticulously assessed and handled by our team to ensure justice prevails while considering the magnitude and unique intricacies underlying every client’s circumstances. At Carlson Bier, we incorporate diligence with acute proficiency and experience unlike any other attorney group —we measure value in terms of favorable verdicts obtained seamlessly coupled with top-notch personalized service that eases your burden during challenging times. No matter how complex the case might be, if it pertains to medical malpractice within Wheaton environs -you’ll want us on your side yearning to fight for you until justice is served.

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About Carlson Bier

Medical Malpractice Lawyers in Wheaton Illinois

At the esteemed law firm of Carlson Bier, our expert team of personal injury attorneys boasts vast experience and a deep understanding of all aspects related to Medical Malpractice. Anchored in Illinois, we have dedicated ourselves to serving justice for victims harmed due to medical negligence. It is common knowledge that vulnerability and trust are at their highest when patients engage with healthcare professionals; hence, any breach of this trust through negligence results in not just physical harm but psychological trauma as well.

One essential aspect that cannot go overlooked is ‘duty.’ In any medical malpractice case, it is crucial to prove the doctor’s duty towards the patient. Typically, this duty begins when a formal doctor-patient relationship has been established.

• A substantiated claim needs to reveal that the healthcare professional deviated from accepted standards during their treatment process. Unsuccessful or undesired outcomes don’t necessarily equate to negligence on part of the doctors – what matters is whether they acted competently or not.

• The evaluation does not stop here though! While determining damages person has suffered due to this negligence, emotional distress factors into consideration along with physical impact.

Now allow us to impress about causation – an indispensable link between substandard care and injury inflicted upon patients. For instance, if a misdiagnosis leads a cancer patient being without crucial treatment causing their condition worsen- such scenario can shape up into medical malpractice lawsuit quite rightfully.

Our lawyers at Carlson Bier are also equipped handle cases revolving around specialized areas like surgical errors, pharmacy mistakes or even childbirth injuries among others which often get clubbed under broad umbrella term commonly referred as ‘Medical Malpractice’. Our success comes across range complexities delivered time again showcases team’s capabilities handling intricate situations proving how instrumental we could be seeking redress against damaging actions negligent parties involved.

Understanding law feels complex times – no one denies that! But remember key points above help grasp essence subject bit better ensuring you’re relying us navigation treacherous legal waters. Facing battle daunting yet when armed with decades-long experience brief not only trusted but formidable ally who stands fearlessly beside through thick thin.

Remember, it’s about more than just financial compensation – it’s about ensuring accountability and promoting safer healthcare practices for everyone. The team at Carlson Bier is committed to championing your rights, relentlessly pursuing justice on behalf of those who have been victims of medical malpractice.

There is no room for hesitation or doubts in your mind. Should you suspect that you or loved ones may be victims of Medical Malpractice, reach out to our dedicated team at Carlson Bier today! It will cost nothing to find out how much your case might be worth – simply explore further by clicking the button below. This step could potentially turn the wheels towards resolution and healing. Your fight becomes our fight here at Carlson Bier; we won’t relent until justice has been rendered in full measure! Click below now and start on this righteous path today!

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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 Wheaton

Areas of Practice in Wheaton

Bicycle Crashes

Focused on legal services for clients injured in bicycle accidents due to negligent parties' carelessness or risky conditions.

Burn Injuries

Giving skilled legal assistance for people of grave burn injuries caused by events or indifference.

Physician Carelessness

Extending professional legal assistance for individuals affected by clinical malpractice, including negligent care.

Goods Obligation

Handling cases involving unsafe products, extending adept legal support to customers affected by product malfunctions.

Senior Mistreatment

Advocating for the rights of aged individuals who have been subjected to neglect in nursing homes environments, ensuring justice.

Slip & Fall Mishaps

Specialist in tackling slip and fall accident cases, providing legal support to persons seeking redress for their injuries.

Infant Wounds

Offering legal help for kin affected by medical incompetence resulting in newborn injuries.

Auto Crashes

Incidents: Dedicated to supporting individuals of car accidents gain fair payout for harms and harm.

Two-Wheeler Crashes

Expert in providing legal assistance for motorcyclists involved in two-wheeler accidents, ensuring adequate recompense for harm.

Truck Incident

Offering experienced legal advice for clients involved in semi accidents, focusing on securing adequate recovery for damages.

Construction Site Mishaps

Concentrated on advocating for employees or bystanders injured in construction site accidents due to safety violations or negligence.

Cognitive Injuries

Expert in providing expert legal advice for clients suffering from cerebral injuries due to incidents.

Dog Attack Harms

Expertise in tackling cases for individuals who have suffered wounds from canine attacks or wildlife encounters.

Foot-traveler Crashes

Dedicated to legal advocacy for joggers involved in accidents, providing dedicated assistance for recovering damages.

Undeserved Death

Working for families affected by a wrongful death, supplying caring and skilled legal guidance to ensure restitution.

Spine Harm

Focused on advocating for patients with vertebral damage, offering professional legal services 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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