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Medical Malpractice Attorney in Elmwood

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When you face medical malpractice issues, your path to recovery should delegate legal complexities to reliable hands; hence the indispensable role of Carlson Bier. Recognized statewide, this Illinois-based personal injury law firm is committed to patient advocacy and fair compensation in cases of Medical Malpractice in Elmwood. Here’s what sets us apart: Our expert attorneys at Carlson Bier possess an extensive understanding of complicated medical issues backed by years of successful litigation experience. We strive for precision and efficiency while meticulously examining every facet of your claim resulting in maximum compensation under Illinois Law. Be assured that we will uphold your rights against powerful medical entities with zealous representation while maintaining utmost confidentiality respecting privacy concerns throughout the process. Entrusted primarily due to our unparalleled success rate and client-oriented approach within the industry; it’s no wonder why patients affected by negligence choose us as their legal allies during such pivotal battles for justice! Choose Carlson Bier today ― where competence meets compassion on a relentless pursuit for justice!

Meet Our Attorneys
About Carlson Bier

Medical Malpractice Lawyers in Elmwood Illinois

At Carlson Bier, we fully understand the intricate and sensitive nature of medical malpractice law. Our personal injury attorneys have extensive expertise navigating the complexities that such legal cases present. As a leading firm in Illinois, our decades-worth experience ensures our clients receive unrivaled attention to detail and personalized care specifically tailored to their needs.

Is it not alarming that, according to statistics set forth by Malpractice Center, medical malpractice is the third leading cause of death in the U.S., coming after heart disease and cancer? This disconcerting statistic emphasizes how crucial it is for patients who have suffered due to medical malpractice to engage reliable legal representation. Here at Carlson Bier, we stand ready to advocate on your behalf.

In understanding Medical Malpractice:

• A significant factor lies with recognizing what constitutes medical malpractice.

One must establish –

i) The existence of a doctor-patient relationship

ii) There was negligence on part of the healthcare provider,

iii) An injury resulted from this negligence,

iv) The injury led to specific damages e.g., physical pain, mental anguish or additional medical bills.

• It’s also vital one appreciates when NOT to file a lawsuit. Not all unsuccessful treatments or unfortunate outcomes can be deemed as malpractice

So what exactly makes us different at Carlson Bier? We firmly believe that any individual subjected to negligent treatment deserves competent and compassionate counsel; every person’s health matters significantly and no instance of potential harm should go unaddressed. To ensure you get adequate justice, we meticulously interrogate facts surrounding each case right down to infinitesimal details – bringing clarity on whether professional standards were upheld during your care/discredited through acts of negligence.

Our specialist team consistently stays abreast with updates regarding local tort laws affecting healthcare providers’ liabilities; consecutively allowing an evolved approach towards resolving each client’s qualms swiftly & proficiently.

You’re likely asking: “What’s the stature of limitations for filing a medical malpractice case?” In Illinois, you have two years from when you first became aware/felt erring symptoms to file your lawsuit and up to four years from the date on which the incriminate act occurred.

It is essential to understand that certain specifics might extend or limit these statistics; henceforth making every fragmentary detail paramount towards preparing a robust defense within your legal journey.

Here at Carlson Bier, our unique strategy fuses personalized attention with high-stakes litigation skills. This approach has granted us countless victories in courtrooms across Illinois – catalyzing movement in law reforms surrounding medical negligence while improving patient treatment standards throughout healthcare institutions.

Lastly, it’s crucial that claimants beware their prospective compensatory measures fall into any one of three categories namely: economic damages (tangible financial losses), non-economic damages (e.g., pain & suffering), and punitive damages designed as punishment upon the defendant and deterrent against future misconducts.

Even though medical malpractice law can be rather complex and daunting, rest assured knowing our professional team Carlson Bier will walk this journey alongside you – every step endured together. We are here not only to advocate but also educate along this likely emotional process. The pursuit of justice necessitates arduous work; however, we believe in overcoming odds in favor of those who’ve suffered unjustly under negligent ‘care.’

Now – imagine if you could easily ascertain what your personal injury case may potentially amount to without committing loads of time or money? Yes! That truly would bring blessed relief amidst dealing with an already stressful situation. Thusly why we prominently feature right below – a convenient tool provided for quick estimation concerning what compensation value your case holds.

We encourage you to utilize this comprehensive facility ensuring tactful exploration upon your specific circumstances while observing full confidentiality regarding sensitive information provided by being careful yet thorough when filling out required fields.

Remember! Time waits for no one; henceforth the importance of swift action mitigating risk upon your prospective case being discarded due to a technicality like blown statute limitations.

Your journey towards justice starts right here, with Carlson Bier – Click on the button below to find out how much your case is worth 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 Elmwood

Areas of Practice in Elmwood

Two-Wheeler Collisions

Focused on legal support for victims injured in bicycle accidents due to negligent parties' lack of care or unsafe conditions.

Thermal Damages

Extending skilled legal help for people of grave burn injuries caused by mishaps or carelessness.

Clinical Incompetence

Extending specialist legal representation for individuals affected by clinical malpractice, including medication mistakes.

Merchandise Fault

Addressing cases involving dangerous products, providing expert legal guidance to customers affected by harmful products.

Elder Mistreatment

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

Slip and Tumble Incidents

Adept in tackling slip and fall accident cases, providing legal services to persons seeking compensation for their losses.

Birth Damages

Providing legal assistance for families affected by medical carelessness resulting in newborn injuries.

Motor Crashes

Incidents: Committed to helping individuals of car accidents gain equitable remuneration for damages and damages.

Two-Wheeler Incidents

Focused on providing legal support for motorcyclists involved in two-wheeler accidents, ensuring fair compensation for injuries.

Big Rig Crash

Providing expert legal assistance for individuals involved in big rig accidents, focusing on securing appropriate recovery for losses.

Building Accidents

Concentrated on assisting workers or bystanders injured in construction site accidents due to safety violations or negligence.

Head Damages

Committed to ensuring specialized legal representation for persons suffering from head injuries due to accidents.

K9 Assault Damages

Specialized in dealing with cases for persons who have suffered injuries from dog attacks or animal assaults.

Pedestrian Incidents

Dedicated to legal representation for pedestrians involved in accidents, providing professional services for recovering compensation.

Undeserved Death

Advocating for grieving parties affected by a wrongful death, supplying compassionate and experienced legal assistance to ensure justice.

Spine Injury

Specializing in supporting patients with spine impairments, offering professional legal services to secure redress.

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