We diligently investigate the facts and hold responsible parties accountable by pursuing medical malpractice claims throughout Dallas, Texas. The compensation our clients receive helps them pay for their child’s current and future medical treatment, assistive technology and equipment, and the other expenses associated with caring for a child with cerebral palsy.
Medical staff, including nurses and doctors, are required to carefully monitor both mother and baby during labor and delivery. If the medical staff does not pay attention or do not act quickly when a problem arises, there may be lifelong consequences for the baby.
Recent Birth Injury Settlement:
Birth Injury settlement against a hospital in which nurses and physicians failed to properly monitor the mother's blood pressure during delivery causing an HIE event resulting in neonatal seizures and cerebral palsy at birth. Our national birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.
With the recovery that Miller Weisbrod made for our son, I feel like our voice was heard in a sense of what can possibly go wrong in a delivery and finding us answers. I feel with our settlement, we are now in a comfortable position to provide for our son. Things are different because he's able to be in his own space. He's developing well. He is starting to speak a little bit more and live a bit more independently. He is also in school full-time and he gets help from his nurse aid that helps him with all his appointments, all his therapy. Pretty much, I feel like it kind of helped us in a good way. I feel like they care about your personal needs and how to make you comfortable in any situation.
Lyric, C.
Mother of Miller Weisbrod Olesky Client
For parents of children with cerebral palsy, understanding what happened and why is crucial. Parents sometimes learn that the medical professionals they trusted contributed to or caused their child’s condition.
Mothers and babies may suffer serious injuries before, during, or after childbirth because doctors, nurses, laboratory staff, or hospital staff failed.
What is Cerebral Palsy?
Cerebral palsy is not just one condition. It’s a group of physical disorders that permanently affect:
Posture
Balance
Movement
Ability to control movement
Communication
Eating
Sleeping
Learning
What Are Symptoms of Cerebral Palsy?
The symptoms of cerebral palsy are primarily physical. However, injuries to an infant’s brain, including hypoxic-ischemic encephalopathy (HIE), are the primary cause of CP. “Cerebral” means brain, while “Palsy” means muscle weakness.
Cerebral palsy affects the outer layer of the brain. Also called the cerebral cortex, this area directs our muscle movement and motor skills. Injuries to the cerebral cortex can cause irreversible brain damage and cerebral palsy.
Just because cerebral palsy is permanent does not mean symptoms will become progressively worse. A child’s symptoms may change slightly as they mature, but their condition will not progress.
What Causes Cerebral Palsy?
Cerebral palsy is caused by abnormal brain development or damage to the developing brain. This usually happens before a child is born, but it can occur at birth, or in early infancy. In many cases, the cause isn't known. Many factors can lead to problems with brain development.
Cerebral palsy consists of several physical disabilities caused by injuries to specific areas of a baby’s brain…But what causes the brain injuries?
The list of reasons birth-related brain injury occurs is long. Generally, issues that arise before, during, and after a child’s birth cause the severe damage that leads to cerebral palsy.
In some cases, medical errors and negligence allowed preventable situations to harm mothers and children.
Often, brain damage is caused by a lack of oxygen to the baby’s brain during labor and delivery. Other causes of brain damage include trauma, premature birth and infection. Although some cases of cerebral palsy are not related to birth issues, an estimated 20% of all cases are the result of complications encountered during labor and delivery, many of which are preventable.
Spastic cerebral palsy is the most common type of cerebral palsy. In fact, roughly 80% of people with Cerebral Palsy are diagnosed with a form of spastic Cerebral Palsy.
People with spastic cerebral palsy exhibit uncontrollable, involuntary limb movements and tight muscles that inhibit movements, causing bone and joint deformities.
Doctors split spastic cerebral palsy into several subtypes based on the individual’s symptoms:
Spastic Diplegia or Diparesis: This type of Cerebral Palsy indicates that an individual has severe muscle stiffness, particularly in their legs. Their arms might be affected very little or not at all.
Spastic Hemiplegia or Hemiparesis: Here, disability affects only one side of an individual’s body. Typically, this type of Cerebral Palsy affects a person’s arms more than their legs.
Spastic Quadriplegia or Quadriparesis: This is the most severe form of spastic cerebral palsy because it affects a person’s arms, legs, trunk, and face. Also, people with this form of Cerebral Palsy usually have intellectual disabilities and suffer from seizures and speech, hearing, and vision problems.
What is Ataxic Cerebral Palsy?
Issues with balance and coordination characterize ataxic cerebral palsy. Children with this form of CP might appear unsteady and shaky. Their movements might seem disorganized and jerky to other people.
It’s believed that ataxic cerebral palsy is the result of damage to the cerebellum. This part of the brain is responsible for controlling movement and plays a part in “cognition, emotional processing, and social behavior.”
What is Dyskinetic Cerebral Palsy?
Dyskinetic cerebral palsy is the second most common form of cerebral palsy. Research indicates dyskinetic cerebral palsy is caused by “non-progressive lesions to the basal ganglia or thalamus or both.” Frequently, birth trauma due to medical errors during labor and delivery or immediately following birth (called “neonatal negligence”) causes these injuries.
Dyskinetic cerebral palsy causes uncontrollable body movements, including jerking, writhing, and overly rapid or slow movements. Some children find it challenging to sit and walk.
Since dyskinetic cerebral palsy may affect the face and tongue, it may be difficult to talk, suck, and swallow. However, the muscle tone of children with dyskinetic CP often varies from day to day and even from hour to hour. Doctors recognize three forms of dyskinetic CP based on an individual’s symptoms:
Dystonic: Dystonic symptoms include twisting, repetitive movements that are more prominent when a child is tired or emotional. For some children, pain levels increase with increased movement. These symptoms affect activities of daily life, quality of life, and participation in social activities.
Athetoid: Characterized by slow, writhing movements, athetoid’s primary symptoms include abnormal posture, impaired coordination, and minimal control over movement. A child with athetoid symptoms might be unable to maintain posture. Other limitations include trouble with standing, sitting, and hand movements. Athetoid dyskinetic cerebral palsy can be caused by bilirubin encephalopathy or hypoxic-ischemic encephalopathy (HIE).
Choreoathetosis: Someone with chorea symptoms will have movements that are clumsy, abrupt, and unpredictable. Wild, violent movements are possible with more severe forms of choreoathetosis cerebral palsy. Chorea can interfere with movements, speech, and swallowing.
Dystonia and Choreoathetosis are often found together.
What is Mixed Cerebral Palsy?
Mixed cerebral palsy is the diagnosis when children have a combination of cerebral palsy symptoms. Typically, this means that brain injury has occurred in several parts of the brain. Currently, spastic-dyskinetic CP is the most common type of mixed cerebral palsy.
Parents and doctors observe and test children who show signs of cerebral palsy to determine the type. Diagnosing the type of CP a child has gives doctors and therapists the information they need to provide the right kinds of treatment, therapies, and medication. However, some children experience more than one type of cerebral palsy, further complicating treatment plan development.
Contact Dallas Cerebral Palsy Lawyers Near Me 1-888-987-0005
Why Should You Talk with the Dallas Cerebral Palsy Attorneys at Miller Weisbrod Olesky?
The only way to find out if you have a cerebral palsy birth injury case is to talk to an attorney who understands birth injury.
Our team of committed Dallas Cerebral Palsy Attorneys use our detailed case review process to assess your potential claim. Our team starts by learning more about you and your child. 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 malpractice was present, 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 you to pay anything. The medical review of your case and the consultation are free. We only receive payment when you do when, and only when, a money settlement is reached for your child.
Registered Nurses and Nurse-Attorneys Are a Vital Part of Our Birth Injury Team … and Yours
Most birth injury law firms will employ one or two nurses to assist the review of cases and medical research. But Miller Weisbrod Olesky offers an unmatched number of nurses and nurse-attorney employees to support both our Dallas Cerebral Palsy Attorneys and our clients.
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, they investigate the reasons behind a birth injury and how medical professionals breached their standard of care.
Meet our Legal Nursing Team
Linda Chalk
As a registered nurse, Linda practiced ICU nursing for 44 years while caring for a wide range of patient conditions. She has worked closely with founding partner Les Weisbrod for over 30 years, investigating and pursuing birth injury cases.
Along with DJ Weisbrod, Linda heads up the firm’s birth injury intake, screening, and medical literature research team. She personally screens all potential cases to ensure that medical issues have been addressed before we file lawsuits on behalf of birth-injured children and their families.
DJ Weisbrod
Before joining Miller Weisbrod, DJ practiced as a surgical nurse in various hospital and operative settings. She has been with the firm over 30 years.
DJ directs Miller Weisbrod’s birth injury intake and medical screening team. She has also served as firm founder Les Weisbrod’s trial nurse for all cases involving medical negligence and birth injury.
Linda Cuaderes
Linda Cuaderes is both a registered nurse and a licensed lawyer. Linda works exclusively in Miller Weisbrod’s Birth Injury and Medical Malpractice section. Linda acts as the firm’s patient advocate and liaison with our young clients and their parents.
Linda combines her legal and nursing experience along with her exceptional organizational talent and attention to detail to make sure each child we represent is provided the highest level of medical care and attendant care during the pendency of their case. Linda communicates with our parent clients regularly to monitor their birth injured child’s treatment, provide guidance as to additional care and therapies and when necessary assist them in obtaining specialized medical providers.
Linda was raised in Bartlesville, Oklahoma and completed her Bachelor of Science in Nursing with Honors at the University of Oklahoma. She started as an Oncology Nurse at Presbyterian Hospital in Oklahoma City, quickly becoming the Assistant Head Nurse of the Outpatient Endoscopy Unit. Linda then entered the University of Oklahoma College of Law.
She is admitted to practice before the Texas Supreme Court and routinely works on cases pending throughout the United States. Linda has worked with child victims of birth injury, their parents and other victims of medical malpractice in Texas, New Mexico, Oklahoma, Arkansas, Louisiana, Iowa, Ohio, New York, Alabama, Georgia, Arizona, Utah and Missouri.
Education
University of Oklahoma - School of Law, 1990, J.D. - Norman, Oklahoma
University of Oklahoma - School of Nursing, 1985 - Norman, Oklahoma
Bar Admissions
Texas - 1990
Areas of Practice
Birth Injury/Birth Trauma
Medical Malpractice
Associations & Memberships
Texas Bar Association
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Kristin Jones
Kristin combines her medical and legal training to provide invaluable, passionate service to parents struggling to care for their birth-injured children.
Families often have questions as they go through the birth injury lawsuit process. Kristin diligently identifies and investigates all medical issues so the birth injury attorneys at Miller Weisbrod can answer those questions Kristin ensures that our birth injured children’s medical records are thoroughly reviewed and organized. Miller Weisbrod’s birth trauma litigation attorneys and medical experts retained by the firm need her services while pursuing justice for our clients.
Kelly Kunkel
Kelly Kunkel was born and raised in Dallas, Texas. She has 15 years’ experience in hospital based High Risk Obstetrics and Labor and Delivery bedside nursing care. Kelly graduated with an Associate’s Degree in Nursing from El Centro College in December of 1990 and received her Bachelor’s Degree in Nursing from West Texas A&M University in 2008; graduating with honors.
In addition, Kelly has over 25 years’ experience in medical malpractice case management and litigation and has worked with David Olesky for over 22 years. After many years of assisting in defending healthcare providers and hospital systems in medical malpractice cases involving complex litigation matters related to birth injury, catastrophic injury and death, Kelly has proudly joined David Olesky in the national birth injury and medical negligence practice at Miller Weisbrod Olesky.
Our Texas Cerebral Palsy Attorneys Have a Proven Track Record of Success
We have obtained large verdicts and settlements for clients like you.
Our results speak for themselves.
We provide dedicated, expert legal representation to pursue your legal claims toward future compensation. We also offer support and advice that you need right now.
Miller Weisbrod Olesky's Dallas Cerebral Palsy Lawyers combine in-depth knowledge of the medicine and science of birth injuries with decades of birth injury experience and proven results to get the compensation our clients deserve.
The results we have achieved for our clients are a proven track record of success in birth injury lawsuits and medical malpractice lawsuits. With our help, parents can secure a better future for themselves and their child.
Free Consultations
We do not collect a fee until we win your case
You’re facing some challenging decisions – whether someone caused your baby’s birth injury and how to hold them accountable.
As experienced Dallas Cerebral Palsy Attorneys, we have obtained verdicts and settlements for clients like you. The millions of dollars our clients received were used for therapies, treatments, assistive devices, caregivers, and planning for the future. Don't hesitate to get in touch with us today to discuss your unique circumstances.
Miller Weisbrod Olesky is different from most law firms.
We provide help NOW.
Many attorneys focus only on pursuing their client’s legal case. But something sets Miller Weisbrod Olesky apart. At Miller Weisbrod Olesky, we know your child needs help today – not just when your birth injury lawsuit is settled. We have a team focused on helping our clients NOW when they need it most.
But just ‘knowing’ this is not enough. We act on this knowledge by providing exceptional services to birth-injured children and their families.
While Miller Weisbrod Olesky’s Dallas Cerebral Palsy attorneys aggressively prepare each legal case, another department goes into action 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, and
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.
Please call (888) 987-0005 to get started or send us a completed contact form.
