When a baby is hurt during birth, families are flooded with new vocabulary and complicated systems. These are the questions we get asked most often — answered in plain English, with no pressure.
Common red flags include a difficult labor with signs of fetal distress, a delayed C-section, low Apgar scores, the baby needing resuscitation, a NICU stay for cooling therapy, abnormal head MRI in the first days of life, and the medical team being unable to give you a clear explanation for what went wrong. None of these on their own proves malpractice, but each is the kind of fact that warrants a full record review.
Call us. The consultation is free and confidential, and it does not commit you to hiring the firm. We will listen to your story, ask a few questions about the pregnancy and delivery, and give you an honest first read on whether what you describe sounds like a viable claim. From there, the next step is usually obtaining and reviewing the medical records.
Often, no. Many states give extended time to file birth injury lawsuits because the injury was suffered by a minor. We have taken cases years after the delivery and successfully recovered for the family. Don't assume the deadline has passed — call us and let us check the law that applies in the state where your baby was born.
Nothing upfront. We handle every catastrophic birth injury case on a contingency fee basis — meaning we only get paid if we recover money for you. There are no hourly bills, no retainers, no surprise invoices. The contingency percentage and case costs are disclosed in writing in your engagement letter before you sign anything.
Most catastrophic birth injury cases take 2 to 4 years from filing to resolution. Some resolve faster, some take longer if they go all the way to trial. The medical record review, expert development, depositions, and pre-trial litigation are time-intensive because the medicine is complex and the damages are substantial.
Most birth injury cases settle before trial. But the strongest settlements come from cases that the defense believes are genuinely going to trial. Alex Alvarez is a Board Certified Civil Trial Lawyer (NBTA) — a credential that fewer than 1% of attorneys hold — and we build every case for trial from day one. That credibility translates into stronger settlements.
They almost always do. Hospitals are represented by aggressive insurance defense firms whose job is to deny everything possible. That's why having Herb Borroto, M.D., J.D., personally read the records is so important — he finds what the defense is hoping nobody will catch.
For a complete review we typically obtain the entire prenatal record, the labor and delivery record (including fetal heart rate strips), the operative report if a C-section was performed, the anesthesia record, nursing notes, the neonatal resuscitation record, NICU records, all imaging (head ultrasound, MRI), cord blood gas results, and pediatric follow-up records. We obtain all of these on your behalf — you don't need to chase the hospital.
Yes. Under HIPAA you have a right to your own medical records and your child's records. If you already have them, send them — we'll start the review immediately. If not, we'll request them through the proper channels. Either way is fine.
They are often the single most important piece of evidence. Fetal heart rate strips show, minute by minute, whether the baby was tolerating labor and whether the medical team responded appropriately to signs of distress. Herb Borroto reads these the way a physician reads them — identifying decelerations, loss of variability, and the moments where intervention was required.
Catastrophic birth injury damages typically include:
A life care planner — typically a nurse or rehabilitation specialist trained in cost projections — builds a detailed plan listing every service, medication, piece of equipment, therapy, and supportive care your child will need over their lifetime. An economist then reduces those projections to present value. This is the foundation of every catastrophic birth injury settlement and verdict.
It depends on the state. Some states cap non-economic damages (pain and suffering) in medical malpractice cases. Florida's Supreme Court struck down its non-economic cap as unconstitutional in 2017, but many other states still have caps in place. Economic damages (medical care, lost earnings) are typically not capped. We will explain the rules that apply in your state.
Catastrophic birth injury cases are won and lost on the medical evidence. Most firms must hire outside medical consultants to read the chart — a slow, expensive process that introduces a layer of separation. Herb Borroto, M.D., J.D., reads the chart directly as a physician with a law degree. He finds what others miss, and he prepares the case from inside the legal team rather than from outside it.
It is the highest civil trial credential available to a lawyer in the United States — awarded by the National Board of Trial Advocacy after a rigorous review of trial experience, peer recommendations, and a comprehensive examination. Fewer than 1% of attorneys hold the certification. Alex Alvarez has held it for decades.
Yes. While our office is in Coral Gables, Florida, we represent catastrophic birth injury families in cases across the country, working with local co-counsel where required by state rules. The medical records review and case strategy are handled directly by our team regardless of where you live.
Call us. The consultation is free, and we are happy to answer questions even if you are not ready to bring a claim.
