About Our Birth Injury Law Firm

Miller Weisbrod Olesky is a recognized leader in birth injury trial law. Our birth injury attorneys combine decades of experience and personal dedication to clients with a proven record of success in litigating complex and high-profile cases across the United States. Partners Clay Miller, Les Weisbrod, and David Olesky are board-certified trial lawyers who have built the firm’s reputation with successful verdicts, settlements, appeals, and favorable decisions across the country.

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Birth Injury Lawyers
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Our Birth Injury Lawyers are available to meet you in your home or the hospital.

To win a medical malpractice case, it takes a firm with the ability to research the intricacies of medicine and the experience with navigating the corporate shell game that health care companies play. Our multi-faceted approach to health care litigation and medical treatment has earned us a reputation for delivering justice to families in need. A few areas that set us apart from other firms include:

The Leader in Birth Injury Legal Education for over 30 years

After a decade of representing young victims of birth injuries, firm founder Les Weisbrod realized that more needed to be done to help attorneys across the United States. To educate and train other lawyers on how best to manage birth injury lawsuits, Les co-founded the Birth Trauma Litigation Group (BTLG) in 1989.

Members of this leading trial lawyer organization meet multiple times a year. Medical doctors also attend to help educate lawyers from across the country in birth injury and birth trauma.

Today, BTLG is the leading educational and information sharing group for attorneys dedicated to representing children and their families dealing with life-changing birth injuries. We remain committed to being the leading national birth injury law firm by training attorneys in the latest medical knowledge on the causes and long-term treatment of birth injuries.

Experience and Dedication

For the past 30 years, the birth injury attorneys at Miller Weisbrod Olesky have organized continuing education for attorneys, including presentations from medical doctors who specialize in:

• diagnosing fetal distress
• interpreting fetal heart monitor strips
• recognizing medical issues faced by newborns who have suffered birth trauma
• treating children who have sustained birth injuries, including cerebral palsy and hypoxic-ischemic encephalopathy (HIE)

Registered Nurses and Nurse Attorneys

Our team of registered nursing staff and nurse-attorneys bring a deep level of medical and personal insight to every client’s case. Our nursing team includes both an experienced labor and delivery nurse as well as an ICU nurse.

Working closely with the rest of the team, a nurse-attorney liaison is assigned to each client’s team to guide them through the process of medical treatment and evaluation. They also lend their expertise and knowledge to analyze each case and investigate the reasons behind each child’s birth injury to pinpoint exactly where and how medical professionals breached their standard of care.

Track Record of Success

Our results speak for themselves. Over the years, our birth injury attorneys have won millions of dollars for their clients across hundreds of victories in medical malpractice lawsuits and settlements, securing the funds that families depend on to cover the cost of critical medical treatment for their child.

The attorneys, nurses, and staff of Miller Weisbrod Olesky understand that parents of children with birth injuries feel overwhelmed. This is why we strive to ensure every client has the full attention and support of our trained, compassionate team of professionals. But we don’t just offer compassion: we offer a comprehensive process to help you discover whether your child’s birth injury, HIE, cerebral palsy or brain injury was caused by a medical error.

First Step

Case Review Team (Intake): During your first contact, you will speak with one of our birth injury-trained intake team members. Each member is a nurse or works closely with our legal nurse team. Our intake team member will gather all the facts you have regarding your child, the birth of your child, and all concerns you have about the birth process.

You will not be required to tell us what you think was done wrong; that is our job to find out. Otherwise, please feel free to tell us everything you feel and know.

Second Step

Gather Medical Records on You and Your Child: It usually takes six to eight weeks to retrieve medical records. As soon as they arrive, our nurse consultants and nurse-attorneys thoroughly review them. We then review each case at a birth injury case review meeting. Firm partners, various birth injury attorneys, and our entire legal nurse and legal nurse-attorney team all attend this meeting.

Third Step

Consult With Medical Experts (RNs & Nurse Attorneys): At this point, we decide whether the medical records support a potential medical negligence or malpractice lawsuit. If they do, we begin working with medical experts necessary to pursue a birth trauma lawsuit.

These experts include obstetricians, neonatologists, pediatric neurologists, pediatric radiologists, nursing experts, life care planners, and economists. In some states, we must get official written reports back from these experts before filing a lawsuit.

This entire medical record review process may take as long as six months to complete. We use this time preparing to manage all the potential issues that may arise after the experts have reached their medical conclusions.

Fourth Step

Review Case With a Dedicated Birth Injury Attorney: If we decide to take your case, you will meet with a professional birth injury attorney and other team members. The attorney will walk you through our findings, what the medical experts found, and how the litigation process will work.

Fifth Step

Attorney Contract/Retainer Process: We will have you sign our firm attorney contract that officially hires us to represent you. You will also sign medical authorizations so we can gather additional medical records covering:

• Your prenatal care
• Your labor and delivery
• Your child’s neonatal care
• Follow up visits with pediatricians and other specialists

Once again, you will not pay any attorneys’ fees or expenses during this process. You will never owe a fee or reimbursement of expenses unless we make a successful recovery for you and your child. We believe in taking care of our clients during each step of this process. Please know that we are here to listen and help during the entire journey from case review all the way to a potential lawsuit.

At Miller Weisbrod Olesky, our dedicated, experienced team of professionals is here to assist you in every step of the justice-seeking process:

Identifying Medical Negligence

Medical negligence occurs when preventable errors are made during the healthcare process that results in complications or injuries for you or your child. Our team of birth injury attorneys can help to inform you and your family of different medical errors that you may have never otherwise considered.

Common medical errors include, but are not limited to:

• Diagnostic errors (missed diagnosis or incorrect diagnosis)
• Surgical errors
• Laboratory mistakes
• Failing to provide correct treatments
• Birth injuries resulting from medical errors
• Medication errors
• Anesthesia errors
• Failure to prevent or treat infections
• Use of defective equipment

Who is Held Liable for Medical Negligence

Medical malpractice lawyers hold medical providers (doctors including obstetricians, maternal fetal medicine specialists, neonatologists, and pediatricians) accountable for injuring patients. Hospitals also be held liable for malpractice by:

• Failing to develop and enforce proper policies, procedures, and protocols to protect patients
• Poorly training employees or failing to train them at all
• Improper cleaning and disinfecting
• Understaffing the hospital, including the labor and delivery suite and neonatal ICU, so patients cannot get the care they need in a safe environment

Birth Injury Case Discovery

Our team uses a detailed medical negligence case review process to assess your potential birth injury case. We start by learning more about you and your child and the status of meeting/missing developmental milestones. Then we gather medical records to determine what happened before, during, and after your delivery.

Filing a Birth Injury Malpractice Lawsuit

If we find evidence of negligence or medical malpractice, our dedicated team of birth injury attorneys will file a claim on your behalf.

Settlement Negotiations

The vast majority of birth injury lawsuits we file result in a pre-trial settlement. During these negotiations, we use our extensive knowledge of the facts of your case to determine a fair asking price to cover all damages and avoid a lawsuit.

Going Through a Trial

In the event we are unable to reach a settlement, our team works all cases to be prepared to go to trial to get the justice your family deserves. Trials can take anywhere from several months to years to complete.

At Miller Weisbrod Olesky, we know your child needs help today – not just when your birth injury lawsuit is settled. This is why, during the time it takes to prepare the case and go to trial, we have another department going into action now to help the families of children we represent. Led by a nurse-attorney, this department acts as a medical case manager for our birth injury clients by:

• Regularly monitoring the child’s medical treatment status
• Helping facilitate medical treatment and therapy
• Arranging transportation and services

Where necessary, we also help families locate local medical providers specializing in the care and treatment of children who have suffered a birth injury. With Miller Weisbrod Olesky, you’re not just a ‘case’. And that’s important when you’re looking for a lawyer who can help you cope with your child’s needs today.

Injured parties can receive compensation for their damages through a successful medical malpractice claim. But what can be considered as “damage?”

Medical malpractice cases generally involve claims for three kinds of damages:

• Economic Damages: This type of damage is tangible. Plaintiffs will have bills, invoices, and records to show how much they spent on things like medical care, prescriptions, therapy, and equipment. Medical malpractice attorneys will work with highly qualified experts to create life care plans. These plans map out a birth injured baby’s medical and attendant care for the entire life expectancy, as well as a plan of how to pay for these expenses.
  
  Many plaintiffs include loss of earnings or earnings capacity as another economic damage in their claim. If someone’s earnings or earnings potential is negatively affected because of a doctor’s mistake, a medical malpractice attorney can recover lost wages and lost earning capacity through a lawsuit.
• Non-Economic Damages: Damages like pain and suffering exist but are not as quantifiable as economic losses. Plaintiffs might not have receipts about some of the suffering caused by medical malpractice, but it still deserves compensation. Non-economic damages also include pain, emotional/mental anguish, loss of enjoyment of life, physical impairment, disability, disfigurement, and loss of companionship.
• Punitive Damages: Punitive damages are considered as ‘punishment’ for the wrongdoer’s actions. They can also be a way to deter or discourage defendants from engaging in the same type of conduct in the future. Compensation for punitive damages is less common than for economic and non-economic losses. In fact, some states do not allow them to be awarded at all. Qualified medical malpractice attorneys will know each state’s peculiar laws regarding the availability of and limitations on punitive damages.

A statute of limitations (SOL) is a law that sets a time limit on how long an injured person has to file a lawsuit after an accident. It is essential to understand that statutes of limitations vary based on the type of case and the state where it is filed. For instance, the deadline for birth injury claims is typically different from other claims, such as injury to personal property, fraud, contract disputes, and collection of debts.

Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule, and in some cases, the statute of limitations starts when a person discovers or reasonably should have discovered an injury. When dealing with government agencies, SOLs can become even more complex.

For example, if the party that injured you was:

• A federal employee
• Employed by a military hospital, Veterans Administration facility, or a federally funded medical entity

You may need to file a birth injury claim under the Federal Tort Claims Act (FTCA). In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. In some states, if the negligent party was a local or state government hospital or the doctors and medical providers are employees of a governmental entity, the time period in which you must give "notice" may be shorter.

If your case is filed outside of the statute of limitations, it will typically be dismissed, and you will not be eligible to recover compensation for your injuries. Determining when a statute of limitations begins on your case can be tricky. If you're considering pursuing compensation for a birth injury, contacting an attorney as soon as possible is in your best interest.

At Miller Weisbrod Olesky, a team of committed attorneys, nurses and paraprofessionals uses our detailed medical negligence case review process to assess your potential birth injury case. We start by learning more about you and your child and the status of meeting/missing developmental milestones. Then we gather medical records to determine what happened before, during, and after your delivery. We call in skilled medical experts who review your records and let us know if they think medical errors could have caused your child's injuries.

If we feel medical negligence caused or contributed to your child's injuries, we meet with you to discuss how you can receive compensation from the medical professionals who made the errors.

At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We only receive payment when you do. The sooner you reach out to us, the sooner we can begin investigating your case and gathering the evidence needed to support your claim.

We work on a contingency fee basis, meaning you won't pay any legal fees unless we win your case. Contact us today to schedule your free consultation by calling our toll-free line at 888-987-0005 or by filling out our online request form.