What does birth injury mean?

Birth injury is generally defined as a serious injury or death to a newborn baby. The labor and delivery period are very delicate times and the baby may suffer neurological injury if adequate evaluation, monitoring, or delivery practices is not in place. Sometimes the baby may not receive enough supply of oxygen – whether during labor, delivery, or after delivery – and this may result in brain injury. Some other forms of birth injury include skull fractures as a result of the use of vacuum extraction devices or other injuries that may affect the use of the baby’s hand due to violent traction on the baby’s head at the point of delivery (brachial plexus palsy or Erb’s palsy).

What do birth injury cases cover?

Cases of birth injury are cases of medical negligence and are regarded alike. Since cases of birth injury are mostly involve severely handicapped children, there is great emphasis on developing evidence as regards to the cost for future medical expenses, attendant care, rehabilitation, adaptive equipment, and other needs required during the injured child’s lifetime.

How soon should I seek an attorney?

To be on the safe side, reach out to an attorney as early as you can, especially if the injury is severe or resulted in death. Most times witnesses relocate, pieces of evidence disappear, memories fade, and proving your case may become difficult.

Can Cerebral Palsy be caused by medical malpractice?

Cerebral palsy – commonly known as CP – can have different causes. It may result from problems in early pregnancy, may be genetic, may result from prematurity, or wrong medical practices. To find out if it resulted from medical negligence, prenatal records, fetal monitor records, labor, and delivery records, and neonatal records need to be thoroughly evaluated.

How can I verify if my child’s injury is as a result of inadequate oxygen supply during labor and delivery?

There are several significant factors and some of them are seizures after delivery, low Apgar score at delivery, low pH, NICU placement, abnormal MRI/CT, prolonged labor, abnormal kidney function, infection, abnormal labor pattern, prolonged rupture of membrane, bleeding, abnormal fetal monitoring strips, and the inevitability of Caesarian Section.

How about the cost of pursuing my case and payment of attorney fees?

It is our policy at Rodriguez Law Firm, PC to treat cases of birth injury of a contingency basis. Most times, firms handling this kind of lawsuit advance as much as $100,000 or even more in legal expenses. The expenses principally cover the hiring of obstetrical experts, neonatologists, life care planning experts, pediatric neurologists, economists, and other experts as well as the travel costs associated with mobilizing the experts. Certainly, we will absorb the expenses if our firm doesn’t succeed and our clients are not obligated to reimburse any expense unless there is a damage recovery. These damage recoveries are often high since the family will be compensated for the child’s injuries, medical expenses, and a lifetime of care for the injured child. Accepting a contingency fee means that we will advance the cost of the case without you making any payment unless we get you money. Simply put, we won’t be demanding any payment from you at the commencement of the case. We only receive a payment if you win and our attorneys’ fees and costs are deducted from the gross sum of the settlement you receive.

Are there other options aside from going to court?

Today, Alternate Dispute Resolution has become a fast-growing area of the law and has two types. One is mediation which entails a settlement session overseen by a trained mediator. If the settlement is negotiated through mediation, there must be an agreement by all sides. The other form of ADR is arbitration. In this case, the services of an arbitrator – usually a former judge or an attorney – is employed as agreed by both parties. Whatever conclusions made by the arbitrator is usually binding on all parties.

How soon will a case go to trial after it has been filed?

After a lawsuit has been filed, it gets in line with other pending lawsuits. Most times, the courts try to prioritize the oldest but any scheduling has to consider the attorneys involved and the trial schedules. Also, some judges travel to separate law courts and only hold sessions at specific times of the year, taking turns with other judges. Since criminal cases are given priority over civil cases, there is the tendency for a civil case to be postponed or adjourned to a new date. How complex a case is will also affect its commencement date. A litigant may find it very frustrating waiting for their day in court, especially if the trial date had been rescheduled more than a few times. Considering the many different variables aforementioned, this question can only be answered by the attorney on a case by case basis.

Is technology of relevance to my case?

Technology has become more and more relevant in today’s world. Case management software is now used by lawyers to track deadlines and provide reminders. They also use them for documenting witnesses, damages, and other important case data. The available research on the internet has also replaced the large legal libraries that were frequented in past times. Emails are now sent for rapid and efficient communication over the internet rather than using the telephone. Letters and other documents are now received by email, corrected, and returned, bypassing the inability to edit fax transmissions and the delays associated with postal service. Images of several documents and depositions can be carried about in laptop computers which can be projected during a trial to present exhibits, video depositions, and visual aides prove a point to the jury. Usually, a complex case will entail complex damages and will require a complex technology to maximize the chances of winning the verdict. Make sure that the firm you choose to represent you can provide the essential technology required to adequately present your case effectively.

When hiring an attorney for a birth injury case, what should I look for?

A great amount of time and money is required when it comes to birth injury cases. Also, it is one of the most complicated medical negligence cases and requires in-depth investigation and professional witnesses. Because of this, it is essential that you hire a law firm that has adequate resources – both in finance and staff. In addition to being experienced in the law, the attorney is expected to have a certain level of expertise in neurology, obstetrics, and pediatrics.

Why should I hire The Rodriguez Law Firm,PC?

The Rodriguez Law Firm, PC can help you with your Birth Injury case, as they are a very complicated area of medical malpractice and require not just an experienced attorney but one that cares. So, choose rightly as your child’s future is dependent on the attorney you hire.

Can’t find your question?

Reach out to one of our attorneys for an answer to your question. Call us now at 1-800-417-1693.



4440 S. Piedras Drive #136

San Antonio, Texas 78228

Phone: 210.468.5356

Facsimile: 956.242.0147


1111 W. Nolana Ave.

McAllen, Texas 78504

Phone: 956.971.0067

Facsimile: 956.971.0069 


1420 N Street NW,  Suite 102

Washington, DC  20005

Phone: 202.929.3729

Facsimile: 202.929.3731


(800) 417-1693