Many people underestimate just how long medical malpractice litigation can take. The initial consultation is only the first of many steps in what can sometimes be a years-long path toward a birth injury settlement or court victory. But the initial consultation is an important starting point in this journey because it gives our firm a clearer picture of a family’s circumstances and whether they have a case.
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Schedule your free consultation today. Call (888) 987-0005 today to schedule a free consultation with our Top Rated Birth Injury Lawyers specializing in Cerebral Palsy and HIE injuries.
Some parents or families may be hesitant to reach out for a consultation; they might be intimidated to speak with legal professionals, or they may feel too overwhelmed by their current situation to call out for help. But the first step toward justice always starts with sharing your story. Our aim is to help you navigate the legal process.
On this page, you will learn more about the intake process and how to best prepare for your free consultation with one of our specialized registered nurses.

At Miller Weisbrod Olesky, our birth injury attorneys work with a team of specialized labor and delivery nurses to help conduct a comprehensive review that will cost you no money unless two things happen:
Until BOTH of these happen, you will never pay any money for our services.
There are several available avenues for getting in contact with someone from Miller Weisbrod Olesky:
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After submitting your name, contact information, and a brief description of your circumstances, you will receive communication either via email or phone to schedule your consultation. This can sometimes happen within 1-2 business days, depending on how soon you are available. In most cases, you will be contacted on the same day you submit the form.
After first speaking with you on the phone, our team will record your information into our database and connect you with an intake specialist. From there, your consultation will begin.
Our intake team is made up of experienced registered nurses, nurse attorneys, and other legal assistants who are trained to gather your case information. For potential clients who don't speak English, we have fluent Spanish-speaking staff available to translate.

The intake specialist who you speak with during the consultation isn’t always the one who decides if the case gets opened or not. This decision is left to the head of the intake team and the partner attorneys.
The consultation can take between 20 to 30 minutes, or sometimes even longer depending on the circumstances of your case.

The types of questions you will be asked will also vary based on your circumstances, but all callers are asked a series of general questions about their case. First, the intake specialist will ask you to verify your personal information again (name, address, zip code, etc.). They will then ask you who the “client” is, or who the case is for. The client may be your child, a family member, friend, or even yourself.
The intake specialist will then ask you for some details about the client such as their date of birth, height and weight, and information about their medical history (past injuries, pre-existing conditions, etc.). If you are the client, you will be answering these questions about yourself. If the client is your child, you will be asked for extensive details about your own medical history.
After covering the general medical history questions, the intake specialist will ask you to recount the incident you are calling about. They will want to know what happened, where it happened, and how the incident impacted the client. How is the client today? What can’t they do today that they could do before the incident?
An extremely important detail you will be asked is when the incident occurred. Since medical malpractice cases have a statute of limitations, a victim only has so long to take legal action before too much time has passed and they can no longer file a lawsuit. Be sure to remember the exact date of when the incident occurred so we can assess whether the statute of limitations has passed.
Questions will become more narrow at this point, inquiring about specific information related to the client’s injury. For neck and back injuries, for example, the intake specialist may ask if the client can walk on their own. The intake specialist has a form of questions they must ask for each type of injury. They may also ask for additional information when necessary.
We will often have follow-up phone calls to collect more details as we conduct our comprehensive review. We will also encourage you to call us back if you remember more important details or have any questions.
Once our intake specialist has gathered all the information they need, they will thank you for your time and end the call. They will then begin entering your case details into our system to generate a report.
These reports are then submitted to the head of our intake team, who is a highly experienced birth injury nurse. The intake head thoroughly screens each consultation report and decides whether we will further investigate the case or not. Our birth injury attorneys will sometimes be involved in this decision as well.

It doesn’t take our team long to determine the viability of your case. If we decide not to pursue your case, you will be notified within seven days or less.
If we do decide to pursue your case further, a nurse attorney will reach out to you and begin the process of authorizing the release of relevant medical documents. This will include a HIPPA authorization that will allow us to collect your child’s medical records for a more detailed investigation — all without any out-of-pocket charge to you.
Sometimes filing suit early becomes necessary because medical providers will sometimes stall or fight against producing medical records. On average, it takes at least three to four weeks to gather and review your child’s medical records and fetal monitoring strips.
It’s important to note that, at this point, we have NOT officially agreed to take on your case. We use your medical records to verify that the information you have provided is accurate. We will officially “open” the case and assign it to an experienced attorney after conducting our independent verification process (and any additional research we may deem necessary). This process can take time, but we are committed to keeping you up to date on our findings.
Before your consultation begins, there are actions you can take to help things go smoothly. Listed below are some tips to ease the process and help you get the most out of the conversation:

The consultation will usually take between 20 and 30 minutes, but it can sometimes last even longer. Additionally, you will be asked for sensitive and private medical information. It’s critical to find the right setting to take this important call: a quiet, private area with minimal distractions where you won’t be interrupted or bothered. Be sure to give yourself plenty of time to talk without having to leave prematurely.
It’s common for callers to come into a consultation and get asked questions they’re unsure of, such as their child’s APGAR scores or the dates of sonograms and CT scans. It can be helpful to have medical documents readily available or have them accessible through an online patient portal if you’re unsure of an answer.
If you do not have this information, do not worry—we can collect it later. But if you do have access, the more information provided early in the consultation will give us the opportunity for us to find answers faster.
It can be emotionally overwhelming to discuss traumatic incidents during the consultation. For the duration of the call, be sure to include any and all details you can remember; the more thorough an intake report is, the faster a decision can be reached on if the case is viable.
The legal process can feel convoluted and intimidating. Before your consultation, think about any questions you may have regarding your prospective case. If your questions aren’t answered initially answered by the intake specialist, don’t hesitate to ask.
Birth injury law is specialized, so it’s crucial to choose a lawyer with experience in these types of cases. For over 30 years, the birth injury attorneys at Miller Weisbrod Olesky have used their decades of experience in medical malpractice law to deliver crucial victories to families in need. Our team is made up of not just lawyers, but seasoned registered nurses with first-hand experience in treating severe birth complications like cerebral palsy, fetal bradycardia, and hypoxic-ischemic encephalopathy (HIE).
It takes a detailed expert review of the facts and circumstances to determine whether you or the client you are calling on behalf of was injured from birth injury malpractice.

Our specialized team or nurses and birth injury attorneys can assist you with the answers you need. We will work to help you navigate the complex legal process to receive the compensation you deserve. 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.
At Miller Weisbrod Olesky, the attorneys, nurses, and staff understand that parents of children with birth injuries feel overwhelmed. So, every client has the attention and support of a team of trained, compassionate professionals. But we don’t just offer compassion.
We offer a process to help you discover whether your child’s birth injury, HIE, cerebral palsy or brain injury was caused by a medical error.
Call our offices today at 888.987.0005 for experienced assistance in a free consultation.