What is a Birth Injury?

A birth injury is defined as any type of injury or trauma that a baby suffers before, during or immediately after childbirth. According to the National Vital Statistics Report definition, a birth injury is "an impairment of the (newborn baby’s) body function or structure due to an adverse event that occurred at birth."

One of the most common and serious birth injuries is a brain injury called hypoxic-ischemic encephalopathy (HIE), which can lead to cerebral palsy. HIE occurs when the oxygen supply to the baby’s brain is cut off or severely limited during pregnancy, labor, or delivery. HIE and many other birth injuries are often preventable when the medical team follows the prevailing standard of care during pregnancy and the birthing process.

With advances in prenatal care and diagnostics as well as labor and delivery techniques, including cesarean section, it is possible to anticipate, identify, treat, and prevent birth injuries in many cases. Doctors and nurses have a legal duty look for clues on equipment such as an electronic fetal monitor to determine if the baby is suffering from fetal distress that can then lead to a birth injury if allowed to continue. Parents should be aware that when a medical provider’s negligence causes birth injury to their baby, they have a right to bring a claim for medical malpractice and collect financial damages on their baby’s behalf from all responsible parties.

Birth injuries may be diagnosed during pregnancy or at the time of birth, depending on the type of injury and when it occurred. Medical providers are trained to identify symptoms and confirm a diagnosis using the latest diagnostic techniques, including ultrasound sound exams, MRIs, CT scans, and blood tests.

In high-risk pregnancies, continuous fetal heart rate monitoring during pregnancy and labor can alert the medical team to any signs of fetal distress, so that an emergency cesarean section or other preventative and protection measures may be quickly undertaken to either prevent or limit the risk and damages of a birth injury.

Medical Negligence

When a preventable birth injury occurs due to medical negligence, it is a devastating event with life-altering consequences for the baby and the parents. Some of the common types of medical negligence during pregnancy, labor, and delivery, which may lead to birth injuries include:

• Failure to diagnose, treat or control maternal diabetes, maternal infections (such as Group B Strep), and preeclampsia (maternal high blood pressure).
• Failure to properly perform or evaluate prenatal tests, including periodic ultrasound exams to detect fetal growth issues, umbilical cord complications, problems with the placenta, or premature rupture of membranes (PROM).
• Failure to properly monitor the baby’s heart rate to detect fetal distress or fetal oxygen deprivation, which could lead to hypoxic-ischemic encephalopathy, and eventually cerebral palsy.
• Failure to administer appropriate and proper medications used to induce labor in case of prolonged or arrested labor, or failure to perform an emergency cesarean section when it was medically necessary.
• Improper use of vacuum extraction or forceps during assisted delivery, improper anesthesia administration, or other delivery room errors.
• Failure to perform timely and appropriate neonatal resuscitation, hypothermia therapy, failure to monitor the baby’s vital signs and APGAR score, or other NICU errors.

Birth Injury Treatment

A birth injury may cause the baby’s permanent brain damage, resulting from hypoxic-ischemic encephalopathy (HIE), which may eventually lead to cerebral palsy. Proper and timely administration of therapeutic hypothermia (brain cooling) can work as a neuroprotective strategy in most cases. According to the current guidelines, barring certain exceptions, all babies with developing or severe HIE must be offered hypothermia therapy.

Hypothermia therapy can be administered using whole-body cooling (WBC) or selective head cooling (SHC). Both treatment approaches have similar safety and efficacy, but WBC is generally preferred in the US medical centers because of ease of delivery. Babies weighing less than 4 lbs or with a gestation age of less than 36 weeks do not qualify for this treatment.

Parents whose children suffer birth injuries want and deserve answers as to whether mistakes by the doctors and nurses contributed to the injury. At Miller Weisbrod Olesky, our award-winning birth injury attorneys have represented families all over the United States in their time of need after a birth injury. We use our skills and expertise to obtain for you and your child a medical malpractice settlement that will help provide specialized medical therapy in order to maximize the quality of life and independence of your child throughout their life.

• Were there signs of birth injury or birth complications during the pregnancy, labor, and delivery process, or presence of risk factors, which were either not recognized or properly treated?
• During the labor and delivery, were there clear indications that the baby was suffering from fetal distress, but appropriate actions were not taken by the maternal fetal specialists, obstetrician or nurses?
• Was there a delay in diagnosis of a likely premature birth that led to later complications, including brain injury?
• Did the medical team fail to order a series of tests to diagnose this birth complication in a timely manner?
• Was the decision to perform a cesarean delivery delayed leading to birth trauma during vaginal delivery or labor?
• Did the neonatal resuscitation team fail to quickly begin important breathing support?
• Should brain cooling (also called “hypothermia therapy”) have been provided to your baby, but the doctors and nurses failed to perform the appropriate tests or ignored the results of the tests?

Our birth injury attorneys have recovered millions of dollars in settlements for families of children that have suffered a birth injury. 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, no matter how long or tough your case is.

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 support to both the birth injury 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.

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.

Following graduation, Linda joined Les Weisbrod in the Medical Malpractice Section. After taking time off to raise her three lovely children, Linda returned to Miller Weisbrod and her passion of holding healthcare providers accountable for preventable errors. Linda is active in the American Association for Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and the Texas Bar Association. Linda is an active member of the Birth Trauma Litigation Group and Medical Negligence Section of the American Association for Justice.

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.

Why Should You Talk with the Highly Capable Attorneys at Miller Weisbrod Olesky?

The only way to find out if you have a birth injury case is to talk to a lawyer experienced in birth injury lawsuits. It’s not uncommon that a birth related complication results in a preventable birth injury, including cerebral palsy, but it takes a detailed expert review by a birth injury attorney of the medical records from your child’s birth to determine if the birth injury was the result of medical malpractice.

At Miller Weisbrod Olesky, a team of committed lawyers, nurses and paralegals uses our detailed medical negligence case review process to assess your child’s 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 pregnancy. We call in documented and proven 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 wrongful birth in your case, we meet with you to discuss how you can receive compensation from the medical professionals who made the errors. Our birth injury attorneys have recovered millions of dollars in settlements for families of children that have suffered a birth injury.

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 no matter how long or tough your case is.