When medical errors during pregnancy, labor, or delivery cause harm to a mother or child, families need an attorney who understands both the medicine and the law. Herb Borroto, M.D., J.D. brings the clinical knowledge of a trained physician and the strategic skill of a trial lawyer to every birth injury case.
Birth injuries can range from mild and temporary to severe and life-altering. When these injuries result from medical negligence — a preventable error by a doctor, nurse, or hospital — families deserve justice and the resources to provide the best possible care for their child.
Cerebral palsy is a group of neurological disorders that affect movement, muscle tone, and posture. It is often caused by oxygen deprivation (hypoxia or asphyxia) during labor and delivery. When healthcare providers fail to recognize signs of fetal distress or delay intervention, the resulting lack of oxygen can cause permanent brain damage. Children with cerebral palsy may require lifelong medical care, physical therapy, and specialized support.
Erb's palsy occurs when the brachial plexus — the network of nerves controlling the arm, hand, and shoulder — is damaged during delivery. This typically happens when excessive force is applied to the baby's head, neck, or shoulders during a difficult delivery. The injury can result in weakness, loss of sensation, or complete paralysis of the affected arm. In severe cases, surgical intervention is required, and some children never regain full use of the limb.
When a baby's brain is deprived of oxygen during labor or delivery — a condition known as hypoxia (reduced oxygen) or anoxia (complete oxygen deprivation) — the consequences can be devastating. Even a few minutes of oxygen deprivation can cause permanent brain injury, leading to intellectual disabilities, seizure disorders, developmental delays, and other lifelong conditions. Prompt recognition of fetal distress and timely delivery are critical to preventing these injuries.
Forceps and vacuum extractors are tools used to assist with difficult deliveries. When used improperly — with excessive force, incorrect placement, or in situations where they should not have been used at all — these instruments can cause skull fractures, intracranial hemorrhage, and brain injury. A competent obstetrician must know when assisted delivery is appropriate and must use these instruments with proper technique and care.
Shoulder dystocia occurs when a baby's shoulder becomes lodged behind the mother's pelvic bone during delivery. This is an obstetric emergency that requires immediate, skilled intervention. When handled improperly — through excessive pulling, twisting, or failure to perform recognized maneuvers — the baby can suffer nerve damage, fractures, or oxygen deprivation. Risk factors such as fetal macrosomia (large baby) and maternal gestational diabetes should be identified and managed before delivery.
Birth injuries do not only affect newborns. Mothers can also suffer serious harm when healthcare providers deviate from the standard of care during pregnancy, labor, or delivery. Maternal injuries include postpartum hemorrhage from failure to monitor blood loss, organ damage during C-section procedures, uterine rupture from improper use of labor-inducing medications, and injuries resulting from delayed emergency intervention. These injuries can be life-threatening and may have lasting physical and emotional consequences.
Birth injuries are not always unavoidable complications. In many cases, they are the direct result of preventable medical errors — mistakes made by obstetricians, nurses, anesthesiologists, or hospital staff who failed to meet the standard of care that every patient and family deserves. Below are the most common errors we see in birth injury cases.
Each of these errors represents a moment when a healthcare provider had the opportunity to intervene, to act, to protect — and did not. Herb Borroto, M.D., J.D. has the medical training to pinpoint exactly where the breakdown in care occurred and the legal experience to hold the responsible parties accountable.
Electronic fetal monitoring is designed to alert medical teams to signs of fetal distress during labor. When nurses or physicians fail to properly monitor heart rate tracings — or fail to respond appropriately when the tracings show non-reassuring patterns — the delay can result in oxygen deprivation and permanent brain injury. Continuous monitoring is especially critical in high-risk pregnancies.
When labor is not progressing safely or the baby is showing signs of distress, a timely cesarean section can prevent serious injury. Unfortunately, some physicians delay the decision to perform a C-section — waiting too long while attempting vaginal delivery, understaffing the delivery unit, or failing to have the surgical team ready. Every minute of delay in an emergency C-section can mean the difference between a healthy baby and a catastrophic injury.
Assisted delivery instruments can be valuable tools in the right circumstances, but they must be used with skill and restraint. Applying too much force, using an instrument at the wrong angle, or continuing to use it when delivery is not progressing can cause skull fractures, brain hemorrhage, nerve damage, and other serious injuries to the baby.
Preeclampsia is a serious pregnancy complication characterized by high blood pressure and organ damage. When left undiagnosed or untreated, it can progress to eclampsia — causing seizures, stroke, organ failure, and even death for both mother and child. Recognizing the warning signs (elevated blood pressure, protein in urine, swelling, headaches, visual disturbances) and intervening early is essential. Failure to do so constitutes a clear breach of the standard of care.
Umbilical cord complications — including cord prolapse, nuchal cord (cord wrapped around the baby's neck), and cord compression — can rapidly cut off the baby's oxygen supply. These emergencies demand immediate recognition and intervention. When medical teams fail to identify cord complications during labor or delay delivery, the baby may suffer brain damage or other permanent injuries from oxygen deprivation.
Medications used during labor — including Pitocin (oxytocin) to induce or augment contractions and epidural anesthesia for pain management — carry significant risks when administered incorrectly. Pitocin overdose can cause hyperstimulation of the uterus, leading to excessively strong or frequent contractions that restrict blood flow to the baby. Anesthesia dosing errors can cause dangerous drops in maternal blood pressure. Proper monitoring and dosage control are essential to safe care.
Pregnancies involving gestational diabetes, advanced maternal age, multiple gestations (twins or more), placenta previa, or a history of prior complications require heightened monitoring and proactive management. When healthcare providers fail to identify risk factors, order appropriate testing, or develop a comprehensive delivery plan, both mother and baby are placed in unnecessary danger. High-risk pregnancies demand a higher standard of vigilance — not a lower one.
Birth injury cases are among the most medically complex areas of law. They involve intricate obstetric medicine, fetal physiology, and neonatal care — subjects that most attorneys need outside experts to explain to them. Herb Borroto, M.D., J.D. is different.
With both a medical degree and a law degree, Herb does not simply read an expert's report and take it at face value. He brings his own clinical training to every case. He can independently read and interpret fetal monitoring strips, understanding what the heart rate patterns were telling the medical team in real time. He can evaluate APGAR scores and assess whether the documented newborn assessment aligns with the clinical reality. He can interpret neonatal imaging — MRIs, CT scans, and ultrasounds — to understand the timing and extent of brain injury.
This dual expertise translates directly into stronger cases. Herb identifies exactly where the standard of care was breached — not as a lawyer reading between the lines of medical jargon, but as a trained physician who understands what should have been done and what went wrong. He selects better expert witnesses because he speaks their language. And when it comes time for depositions and cross-examination, he asks the questions that matter — the clinical questions that expose the truth.
For families facing the aftermath of a birth injury, this advantage is not academic. It is the difference between a case that settles for less than your child deserves and a case that secures the resources your family truly needs.
Independently interprets electronic fetal heart rate tracings to identify when the baby was in distress and whether the medical team responded appropriately.
Evaluates newborn assessment scores in clinical context to determine whether documented findings match the baby's actual condition at birth.
Reviews MRIs, CT scans, and cranial ultrasounds with a physician's understanding of brain anatomy and injury patterns to establish the timing and cause of harm.
Pinpoints exactly where care deviated from accepted obstetric practice — not as a lawyer interpreting medical records, but as a physician who knows what should have been done.
Selects the most qualified medical experts because he speaks their language, and conducts more effective depositions and cross-examinations by asking the precise clinical questions that expose the truth.
When a birth injury is caused by medical negligence, families may be entitled to compensation that reflects the full scope of the harm done — not just today's costs, but the lifetime of care, support, and resources their child will need. The goal is not punishment. It is ensuring your child has every opportunity for the best possible quality of life.
Many birth injuries require ongoing medical care that extends across a child's entire lifetime. This includes surgeries, hospitalizations, specialist visits, medications, and assistive devices. Compensation should account for the full projected cost of care — not just immediate expenses, but decades of medical needs that may increase as the child grows.
Children with birth injuries often benefit from intensive physical therapy, occupational therapy, and speech therapy. They may also need specialized equipment such as wheelchairs, adaptive technology, communication devices, and home modifications. These therapies and resources are essential to helping a child reach their full potential.
Birth injuries that result in cognitive or developmental challenges may require specialized educational programs, tutoring, individualized education plans (IEPs), and dedicated support services throughout the child's school years and beyond. These costs can be substantial and should be fully accounted for in any recovery.
Birth injuries cause immense physical pain and emotional suffering — for both the child and the family. Compensation for pain and suffering acknowledges the reality of what your child has endured and will continue to endure as a result of preventable medical negligence.
When a birth injury limits a child's ability to participate in activities, pursue goals, and experience life to its fullest, the law recognizes this as a compensable loss. This accounts for the experiences and opportunities that were taken away by negligent medical care.
Parents who witness their child suffering from a preventable birth injury endure profound emotional distress. The anxiety, grief, and psychological impact of caring for an injured child are real and recognized by the law. Families may be entitled to compensation for the emotional toll that medical negligence has placed on their lives.
Florida has specific rules governing the timeline for filing birth injury claims, and these rules differ in important ways from standard medical malpractice deadlines. Understanding your timeline is critical to protecting your child's legal rights.
In general, Florida's medical malpractice statute of limitations requires claims to be filed within two years from the date the injury was discovered or reasonably should have been discovered. However, when the injured patient is a minor, Florida law provides extended filing deadlines that may allow more time to bring a claim. These extended deadlines recognize that birth injuries are sometimes not fully apparent until a child reaches certain developmental milestones.
Regardless of any extended deadlines that may apply to your child's case, it is critical that you do not delay seeking legal counsel. Medical records can be lost or destroyed. Witnesses' memories fade. Healthcare providers change practices. The evidence that exists today to prove your case may not be available tomorrow. Early investigation and preservation of evidence can make the difference between a successful claim and a lost opportunity.
Florida also requires a pre-suit investigation and notice period before a medical malpractice lawsuit can be filed, which adds additional time to the process. This means the effective deadline for taking action is even sooner than the statute of limitations itself.
"Every day you wait is a day evidence may be lost and your child's rights may be at risk. The consultation is free — the peace of mind is priceless."
The information above is a general overview and not legal advice. Statutes of limitations can vary based on the specific circumstances of your case. Contact our office for a personalized assessment of your filing deadlines.
We understand that families dealing with a birth injury have many questions and concerns. Below are answers to some of the most common questions we receive. For a personalized assessment of your situation, contact us for a free case review.
Have more questions? Visit our FAQs & Resources page or contact us directly.
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If your child was harmed by medical negligence during pregnancy, labor, or delivery, you do not have to face this alone. Herb Borroto, M.D., J.D. and the team at The Alvarez Law Firm are here to fight for your family. The consultation is free, completely confidential, and comes with no obligation.
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Important Notice: The medical information on this page is provided for general educational purposes only and does not constitute medical advice. This content is not intended to diagnose, treat, or provide medical recommendations. If you have concerns about a birth injury or medical condition, please consult a qualified healthcare provider. The legal information provided does not create an attorney-client relationship. Each case is unique, and past results do not guarantee future outcomes.
