Les Weisbrod

Partner Attorney

Attorneys
Les Weisbrod

Les Weisbrod

Medical Malpractice Lawyer

(888) 987-0005

Les Weisbrod has been on the cutting edge of the national birth injury litigation scene for almost 40 years.

As a national birth injury attorney, Les has settled over 204 medical negligence cases for more than $1,000,000. He also obtained settlements in 75 birth injury cases for over $1,000,000 each.

His $31 million verdict against Baylor University Medical Center in Dallas was one of the top 100 verdicts in the United States that given year.

Les is recognized nationally and internationally as one of the top plaintiff’s medical malpractice trial lawyers in the United States. But the recoveries for the clients and the differences made in the lives of the children and families Les has represented tell only part of the story.

Les has worked with his law partner Clay Miller for years to build a one-of-a-kind law firm.

Miller Weisbrod Olesky provides unique and unparalleled services to families of birth-injured and brain-injured children from the moment the firm decides to take the case.

The registered nurses and registered nurse-attorneys on staff are valuable team members who assist Miller Weisbrod Olesky birth injury clients. Les has designed a system where each birth injured child is assigned a nurse-attorney liaison to guide them through the process of medical treatment/evaluation, therapies, home assistance, and quality of life improvement.

Miller Weisbrod Olesky's unmatched service allows families to better cope with the immediate challenges facing our young clients.

Birth-injured children and their families are Les and Miller Weisbrod’s priority.

Les and the attorneys at Miller Weisbrod Olesky fight for the justice their clients are entitled to under our nation’s system of justice.

This fighting spirit has taken Les across the United States to represent clients in birth injury and medical negligence cases. In fact, he has personally handled cases not only in Texas but also in Arkansas, Arizona, Colorado, Oklahoma, Louisiana, Utah, Iowa, Ohio, Oregon, Montana, Tennessee, Alabama, Georgia, Florida, New York, and Washington State.

Les and Miller Weisbrod Olesky continue to expand their reach of helping brain injured children to new states each year as we strive to bring a sense of justice to each affected family.

And Les is not the only one who notices he fights for his clients. Michael Rustad, a Professor of Law at Suffolk University Law School in Boston who has done extensive research on punitive damage awards, says,

“Les Weisbrod has obtained more medical malpractice punitive damage jury verdicts for his clients than any other attorney in the United States.”

Also, a well-known defense medical malpractice attorney dubbed Les Weisbrod the “pitbull” of the Texas medical malpractice bar in a media profile of Les published by a major newspaper.

Les shares his experience and knowledge to improve the representation of all birth-injured children and their families.

In the early 1990s, Les recognized that a more focused effort needed to be made to educate attorneys who handle birth injury cases. As a result, Les was the founding Co-Chair of the American Association for Justice (AAJ) - Birth Trauma Litigation Group in 1991. He also was a founding Co-Chair of AAJ’s Medical Negligence Litigation Group in 1999 and served as Chair of AAJ’s Professional Negligence Section in 1996.

Combined, these groups have put on more than a hundred continuing education seminars across the United States, Canada, Europe, and Australia. helping to educate other attorneys by bringing in world-renowned experts in the fields of:

labor and delivery
neonatal care
the care and treatment of birth injured children, including those suffering from cerebral palsy and hypoxic-ischemic encephalopathy (HIE)

Education and professional experiences back up his dedication to helping children and families harmed by medical malpractice.

Les received his B.A. magna cum laude in 1975 from Claremont Men’s College and his J.D. in 1978 from Southern Methodist University Law School.

He is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law.

Les was a past president of the Dallas Trial Lawyers Association in 1993. He has been a member of the Texas Trial Lawyers Association Board of Directors since 1990.

His work with the American Association for Justice (AAJ) (formerly ATLA) includes serving as President, President-Elect, Vice President, Secretary, Treasurer, and Parliamentarian. Mr. Weisbrod has also served on the AAJ Board of Governors since 1998 and the 17-member Executive Committee of AAJ 2001-2010. In 1990, he was chosen as a Rising Star of the ATLA and presented a paper entitled “Dirt and Greed: A New Look at Medical Malpractice Cases.”

Les has written and lectured extensively on birth injury litigation, medical malpractice, and medical product topics.

Les is a contributing author to the 1996 text Operative Obstetrics published by Williams & Wilkins. He also co-authored the “Drugs & Medical Devices” chapter in AAJ’s Litigating Tort Cases. A complete list of his published works appears below.

He also has lectured to lawyer groups across the U.S., Canada, England, Europe, and Australia.

Education

Southern Methodist University School of Law, 1978, J.D. -Dallas, Texas
Claremont Men’s College, 1975, B.A. - Honors: Magna Cum Laude

Bar Admissions

Texas - 1978
Arkansas - 2005
U.S. Supreme Court
U.S. Court of Appeals, District of Columbia
U.S. Court of Appeals, Fifth Circuit
U.S. District Court:
• Northern District of Texas
• Western District of Texas
• Eastern District of Texas
• Southern District of Texas
Eastern District of Arkansas
Western District of Arkansas
Western District of Oklahoma

Areas of Practice

Birth Injury/Birth Trauma
Medical Malpractice
Products Liability
Personal Injury

Litigation Percentage

100% of Practice Devoted to Litigation

Certification/Specialties

Personal Injury Trial Law, Texas Board of Legal Specialization
Civil Trial Law, Texas Board of Legal Specialization

Published Works

“Settlement Week,” Texas Legislature, 1989
Continuing Legal Education Seminars on Health Law, Medical Malpractice, and Litigation
“Operative Obstetrics,” (Contributing Author), O’Grady & Gimovsky, 1995
"The Hospital Committee Privilege After Barnes vs. Whittington,” Texas Trial Lawyers Forum, 1988
“Investigating the Defendant Doctor,” Trial Magazine, 1996
“Attacking the Brachial Plexus Injury Defense,” (Co-Author), Trial Medical Malpractice, 2001
“Litigating Tort Cases: Drugs & Medical Devises, Chapter 60,” ATLA/AAJ

Classes & Seminars Taught

Lecturer, Medical Malpractice, and Litigation, Continuing Legal Education Seminars:

“The Hospital Committee Privilege After Barnes & Whittington,” Texas Trial Lawyers Forum, 1988
“Winning Through Screening and Investigation of Medical Malpractice Cases,” Winning Through Investigation: Advanced Techniques in Case Development, Texas Trial Lawyers Association, 1989
“Discovery and Investigations, Undue Hardship and Substantial Need,” Winning Through Trial, Texas Trial Lawyers Association, 1989
“Texas Tort Law Update: Medical Malpractice,” Texas Tort Law Update: Impact of the 1988-89 Legislative Session and “New” Texas Supreme Court, Professional Education Systems, Inc., 1989
“Dirt and Greed: A New Look at Medical Malpractice Cases,” Rising Stars Seminar, American Association for Justice, New Orleans, 1990
“Advanced Discovery of Critical Information in Medical Malpractice Cases,” Texas Trial Lawyers Association Medical Malpractice Conference, 1990
“Discovery Issues and Deposition Techniques from the Plaintiff’s Perspective,” Advanced Medical Malpractice Litigation, University of Houston Law Center Medical Malpractice Conference, 1990
“Medical Records for the Plain Ol’ Simple Lawyer, Surviving the 90’s for the General Practitioner,” Texas Trial Lawyers Association, 1990
“Discovery and Use of Public Information in Medical Malpractice Cases (a/k/a How to Get and Use Public Dirt),” Medical Malpractice Conference, Texas Trial Lawyers Association, October 1991
“Dirt, Greed, and Punitive Damages in Kentucky and Ohio,” Personal Injury/Medical Malpractice Seminar, Northern Kentucky Bar Association, December 6, 1991
“Dirt, Greed, and Punitive Damages in Birth Trauma Cases,” Birth Trauma Litigation Group Meeting, Association of Trial Lawyers of America Annual Convention, 1992
“Discovery and Use of Public Information in Medical Malpractice Cases (a/k/a How to Get and Use Public Dirt),” Medical Malpractice Conference, Texas Trial Lawyers Association, October 29-30, 1992
“Junk Science, Medical Literature and Burden of Proof (a/k/a Exposing Forked-Tongued Serpents),” National Litigation Symposium: Catastrophically Injured Infant, Association of Trial Lawyers of America, Atlanta, November 1992
“Medical Privileges and How to Bust ‘Em,” Medical Malpractice Conference, St. Mary’s University School of Law & Texas Tech University School of Law, April 1993
“Representing Minors in Personal Injury Actions,” Hot Tips for Hot Times Seminars, Texas Trial Lawyers Association, August 13-14, 1993
“Attacking Frequently Used Experts,” Medical Malpractice Conference, Texas Trial Lawyers Association, Houston, October 1993
“Discovery: How to Get the Dirt,” Litigating the Medical Malpractice Case, SMU School of Law, November 1993
“Punitive Damages in Medical Negligence Cases,” Georgia Trial Lawyers Association, 1993
“Punitive Damages in Medical Negligence Cases,” Medical Malpractice Conference, St. Mary’s University School of Law & Texas Tech University School of Law, April 14-15, 1994
“Medical Devices and Drug Litigation,” Advanced Products Liability Seminar, Texas Trial Lawyers Association, April 21-22, 1994
“Practical Hints About Finding Dirt,” Medical Malpractice Conference, Houston, October 1994
“The New Discovery Rules and Techniques for Assessing Discovery,” Advanced Products Liability Law, South Texas College of Law, 1994
“Mediation of Medical Malpractice Cases,” St. Mary’s University Medical Malpractice Conference, April 6-7, 1995
“Tips on Investigating Defendants and Their Experts, Dirt and Greed, An Update,” Medical Malpractice Conference, Texas Trial Lawyers Association, September 18, 1995
“Work Product Privilege: How to get it, How to use it and How to protect it,” 1995
“Dirt and Greed, and Punitive Damages in Kentucky and Ohio,” Art & Science of Trial Lawyers, 1995
“Dirt, Greed and Punitive Damages in Kentucky, Ohio and Florida,” Art & Science of Trial Lawyers, March 1996
“More from Dr. Dirt,” St. Mary’s Medical Malpractice Conference, April 1996
“Nucleated Red Blood Cells: a New Defense to Fetal Asphyxia Cases,” Ontario Birth Trauma Litigation Program, June 21-22, 1996
“Investigating the Doctor, The Nuts and Bolts on How to Uncover the Dirt on the Defendant or Medical Witness,” KATA, July 1996
“Punitive Damages in the Professional Negligence Case from the Doctor to the Lawyer,” Association of Trial Lawyers of America Convention, July 1996
“Stillborn Babies, When Is It a Case and How to Maximize Damages,” Birth Trauma Litigation Group Meeting, Association of Trial Lawyers of America, August 1996
“What To Do When They Just Say ‘No’,” Medical Malpractice Conference, Texas Trial Lawyers Association, September 1996
“Choosing, Using & Deposing Medical Experts,” KATA Costa Rica, October 1996
“Drug and Medical Device Litigation,” Advanced Products Liability Seminar, Texas Trial Lawyers Association, January 1997
“Formal Discovery and the Expert Witness,” UT School of Law Evidence & Discovery Symposium, April 1997
“Dealing with Missing or Altered Medical Records,” St. Mary’s Medical Malpractice Conference, April 3-4, 1997
“Obtaining Information on the Defense Experts,” American Association for Justice, Atlanta, April 11, 1997
“Devastating Discovery Techniques, Eliminating the Defense Expert,” Colorado Trial Lawyers Association, July 11, 1997
“Neonatal Death,” Australian Plaintiff Lawyers Association, November 1997
“Nucleated Red Blood Cells: A New Defense to Fetal Asphyxia,” Resort Mega Seminar, American Association for Justice, Florida, January 2, 1998
“Dealing with the Dishonest Expert,” Medical Malpractice Conference, St. Mary’s University, San Antonio, April 1998
“Chiropractic Malpractice,” American Association for Justice Summer Convention, July 10, 1998
“Trial Tactics,” NCA/American Association for Justice Case Workshop Program, 1999
“Trial Tactics,” Trial Advocacy College of Texas, 1999
“Care of the Critically Ill Newborn,” American Association for Justice Mid-Winter Convention, San Antonio 1999
“Shoulder Dystocia,” St. Mary’s Medical Malpractice Conference, San Antonio April 8-9, 1999
“V-BAC Update,” Birth Trauma Litigation Group, American Association for Justice Annual Convention, San Francisco, July 1999
“Managed Care Litigation; Two Cases in One?,” 3rd Annual Conference, Suing and Defending Managed Health Care Providers, September 1999
“What’s New in Literature,” Litigating Catastrophically Injured Infant Cases, September 26, 1999
“Overcoming Defenses – ACOG 163,” National College of Advocacy, Litigating Catastrophically Injured Infant Seminar, Atlanta, February 25-26, 2000
“Nucleated Red Blood Cells,” National College of Advocacy, Litigating Catastrophically Injured Infant Seminar, Atlanta, February 25-26, 2000
“Voir Dire,” American Association for Justice Convention, 2000
“Pre-trial Stuff to Do,” Medical Malpractice Conference, Texas Trial Lawyers Association, Houston, September 28-29, 2000
“In Response to Erb’s Palsy: Concepts of Causation and Mathematical Modeling of Forces Associated with Shoulder Dystocia: A comparison of endogenous and exogenous sources,” 2000
“Shoulder Dystocia” (Updated), St. Mary’s Medical Malpractice Conference, November 2000
Legal Panel Moderator and Respondent, United Brachial Plexus Network, Inc., Colorado, 2001
“The Health of Medical Malpractice Insurance Carriers and the Patients’ Bill of Rights,” Medical Malpractice Seminar, University of Missouri-Kansas City Law School, 2001
“Conducting a Direct Examination Using Demonstrative Evidence,” American Association for Justice, 2001
“Hospital Joint Enterprise,” Medical Malpractice Conference, Texas Tech and St. Mary’s University Schools of Law, 2001
“Clinical Placental Pathology Issues to Consider in Obstetrical Malpractice Cases,” American Association for Justice Winter Convention, Atlanta, February 22, 2002
“You Have a Verdict, So What?,” Litigation Tactics of ATLA All-Stars, American Association for Justice, April 19, 2002
Birth Trauma Litigation Group/Medical Negligence Information Litigation Group program, London, March 11-12, 2002
“Getting Punitive Damages in Delaware,” Delaware Trial Lawyers Association, June 7, 2002
“Cross-Examining Defendant Doctors/Experts,” Birth Trauma Litigation Group Meeting, American Association for Justice, 2002
“Untangling the Web of Anesthesia Negligence,” Professional Negligence Litigation Group Meeting, American Association for Justice, July 22, 2002
“Mysterious Places to Find the Goods,” 13th Annual TTLA Medical Malpractice Conference, Houston, September 26-27, 2002
“Cross-Examination of Medical Expert Witnesses,” Consumer Attorneys of California 14th Annual Hawaii Seminar, Maui, November 7-8, 2002
“Beating the Doubling-Time Defense in Breast Cancer Cases,” St. Mary’s University-Texas Tech University Schools of Law Medical Malpractice Conference, 2002
“Problems in Proving Damages,” 16th Annual Weekend with the Stars: Lessons Learned, ATLA’s National College of Advocacy, 2002
“Cross-Examination of Defendants and Their Expert Witnesses,” Medical Trial Skills College, January 2003
“Triage & Tragedy; Negligence in the Emergency Room,” American Association for Justice America Mid-Winter Convention, Maui 2003
“Litigating Shoulder Dystocia Cases,” American Association for Justice Mid-Winter Convention, 2003
“Using Medicine to Make Your Case: pH Values,” Litigating Catastrophically Injured Infant Cases Seminar, ATLA/BTLG, 2003
“Using Experts – What You Need to Know,” National College of Advocacy American Association for Justice Annual Convention, San Francisco, July 20, 2003
“Deposing the Defendant in a Medical Malpractice Case,” Consumer Attorneys of California Annual Convention, 2003
“The Art of Cross-Examination and Discovery,” Kentucky Academy of Trial Attorneys Annual Convention, 2003
“Persuasion Through Voir Dire,” Negligence in the Operating Room, American Association for Justice, 2003
“Brachial Plexus Birth Injuries,” Texas Tech/St. Mary’s Medical Malpractice Conference in San Antonio, 2003
“Inoculating Against Typical Medical Negligence Strategies and Defenses,” American Association for Justice Winter Convention, Orlando, February 14-18, 2004
“Effective Use of Experts,” Texas Trial Lawyers Association Mid-Year Seminar, New Orleans, June 11, 2004
“Perfecting the Rebuttal Closing,” Stalwarts/Hall of Fame Committee Education Program, July 3, 2004
“Steps to Take to Form a Successful Litigation Group and Membership Fundraising and Lobbying Assistance,” Litigation Group Leader’s Workshop, July 6, 2004
“Cross-Examination of Defense Expert Witnesses at Trial,” American Association for Justice Annual Convention, July 7, 2004
“Investigating Experts,” Louisiana Trial Lawyers Association, October 1, 2004
“Notwithstanding HB4, Victims in Texas Can Still Achieve Significant Redress; Find New Ways of Presenting Damages,” Keeton Trial Conference, October 29, 2004
“Cross of Defense Expert at Trial,” Consumer Attorneys of California, Hawaii, 2004
“Settlements--Knowing When the Climb is Over,” American Association for Justice Weekend of the Stars, New York, December 11, 2004
“The No-Holds Barred Deposition - Defanging the Bogus Medical Expert,” Southern Trial Lawyers Association, Louisiana, February 4, 2005
“Mitigating the Media,” American Association for Justice Education: Selecting Your Jury in Karl Rove’s World, April 8-9, 2005
“Cross-Examining the Defense Expert - New Techniques,” American Association for Justice New Jersey Boardwalk Seminar, April 22, 2005
“Medical Malpractice,” El Paso Bar Association Conference, Las Vegas, January 27, 2006
“Advocacy Track: Advocating for Justice - Proving the Case Education Program,” American Association for Justice Mid-Winter Convention, February 21, 2006
“Voir Dire/Jury Selection,” Melvin Belli Seminar, Seattle, June 14, 2006
“Jury Selection,” Southern Trial Lawyers Association, New Orleans, February 2007
“Jury Selection and the Rules of the Road,” American Association for Justice Annual Convention, Chicago, June 15, 2007
“Jury Selection and the Rules of the Road,” AAJ Rules of the Road Seminar, Atlanta, September 15, 2007
“Rules of the Road - Tips for Preparing & Trying Your Case,” ATLA-NJ Meadowlands Seminar, October 19, 2007
“Jury Selection,” Louisiana Association for Justice, New Orleans, December 14, 2007
“Emergency Room Misdiagnoses,” American Association for Justice, San Juan, Puerto Rico 2008
“Trial Tactics in the Age of Tort Reform,” March 2008, Ohio Association for Justice, Columbus, Arbino Seminar, March 14, 2008
“Brain Injury in the Medical Malpractice Context,” Utah Association for Justice Brain Injury Seminar, Salt Lake City, March 2008
“Rules of the Road - Tips for Preparing & Trying Your Case,” Arkansas Trial Lawyers Association Annual Convention, Eureka Springs, April 24, 2008
“Being a Trial Lawyer: A 30-Year Perspective,” Ohio Association for Justice, Columbus, May 2008
“Rules of the Road - Tips for Preparing & Trying Your Case,” ATLA-NJ Boardwalk Seminar, Atlantic City, May 1, 2008
“Jury Selection,” Mississippi Association for Justice Annual Convention, New Orleans, June 4, 2008
“Recent Developments in Vioxx and HRT From a U.S. Perspective,” PEOPIL Annual Conference, Valencia, Spain, June 8, 2008
“Effectively Presenting the Expert Witness with Baggage,” American Association for Justice, Phoenix, January 2009
“Jury Selection and the Rules of the Road,” Kansas City, December 4, 2009
“Retinopathy of Prematurity,” American Association for Justice/Pan-European Organization of Personal Injury Lawyers Joint Medical Negligence Seminar, Amsterdam, April 2010
“Punitive Damages Update,” American Association for Justice Annual Convention, Advocacy Track, Vancouver, Canada, July 2010
“Retinopathy of Prematurity,” ATLA-NJ, Medical Malpractice from Across the USA, Meadowlands, New Jersey, November 2010
“Spinal Epidural Abscess,” 2011
“Litigating Catastrophically Injured Infant Cases of Medical Negligence,” American Association for Justice Winter Convention, Miami 2011
“Tort Reform,” International Association of Rehabilitation Professionals, San Juan, Puerto Rico, October 26, 2012
“Deposing the Defendant Doctor: The Crucial Turning Point,” American Association for Justice Winter Convention, Advocacy Track, Miami, February 10, 2013
“Advanced Deposition Tactics,” TTLA Year End Conference, Austin, December 6, 2013
“Overcoming Typical Medical Negligence Strategies & Defense” – American Association for Justice (AAJ), February 8, 2014
“Electronic Records and Audit Trails” – Texas Bar, Advanced Medical Torts 2015, March 12, 2015
“Private Insurance: Subrogation Rights” – American Association for Justice (AAJ), March 31, 2015

Honors & Awards

US News - Best Lawyers - Lawyer of the Year (DFW) (Medical Malpractice Law -Plaintiffs), 2015, 2016, 2017, 2019
Best Lawyers in America, 2009 - Present
D Magazine Best Lawyers in Dallas, 2002-2005, 2012, 2013, 2015, 2016, 2017, 2021, 2023
Dan Cullan Memorial Award, Executive Board, American Association for Justice Birth Trauma Litigation Group, 2012
Harry M. Philo Award, American Association for Justice, 2013
Martindale-Hubbell AV-Rated Attorney (highest rating), 1990 - Present
Texas SuperLawyers, 2003 - Present
Wiedemann & Wysocki Award, American Association for Justice, 1999, 2002, 2003, 2004, 2005
Leonard M. Ring Champion of Justice Award, American Association for Justice, 2023

Professional Associations & Memberships

Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum Member
American Association for Justice
President, 2008-2009
President-Elect, 2007 - 2008
Vice President, 2006 -2007
Secretary, 2005-2006
Treasurer, 2004-2005
Parliamentarian, 2003-2004
Board of Governors, 1998 - Present
Executive Committee, 2000 - 2010
Chair, President’s Task Force on Medical Malpractice, 2002
Founding Co-Chair, Birth Trauma Litigation Group (BTLG), 1991 - 1993
Founding Chair, Medical Negligence Information Exchange Group (MNIEG), 1999 - 2000
Professional Negligence Section, 1992 - present
Coordination Committee, Section and Litigation Group, 2001 - 2006
Public Affairs Committee, 2002 - 2006
Convention Planning Committee, 2005 - 2007
Chair, Membership Oversight Committee, 2004 - 2006
Trustee, Civil Justice Foundation, 2004 - 2007
PAC “M Club Eagles,” 1998 - present
Leaders Forum Member, 2000 - present
Coordinator, Leadership Training Program for ATLA Board of Governors, 2002 - 2003
Texas Trial Lawyers Association - Director, 1990 - Present
Dallas Trial Lawyers Association
• Treasurer, 1989
• Secretary, 1990
• Vice President, 1991
• President-Elect, 1992
• President, 1993
Dallas County Settlement Week - Chairman, 1988
Pan-European Organization of Personal Injury Lawyers (PEOPIL) – Member
Arkansas Trial Lawyers Association - Member
Dallas and American Bar Associations - Member
State Bar of Texas - Member
ABOTA (American Board of Trial Advocates) – Member

Past Employment Positions

State Representative Jim Mattox, Austin, Legislative Aide, 1973
U.S. Representative Alan Steelman, Washington, D.C., Legislative Aide, 1974
State Representative Jim Mattox, Austin, Administrative Assistant, 1975
House Study Group, Texas House of Representatives, Austin, Staff Director, 1975

Charitable Activities

Jewish Family Service of Dallas - Vice President, 1989 - 1992
Jewish Family Service of Dallas - President, 1993 – 1994

Pro Bono Activities

Represented Family of First Ebola victim in the U.S. obtaining a confidential settlement for Parents and four (4) Children of deceased, Duncan, et al. v. Texas Health Presbyterian Hospital Dallas, et al., 191st District Court, Dallas County, Texas, Oct. 2014.