Pittsburgh
Birth Injury Attorney

A birth injury changes everything. In the hours and days after delivery, families are left with questions that no one seems able to answer. If your child was harmed during labor or delivery at a Pittsburgh-area hospital, you may have the right to pursue a legal claim against the medical providers responsible.

At Ogg, Murphy & Perkosky, P.C., our attorneys have been handling medical malpractice cases in Pennsylvania since 1981. We have recovered over $250 million for injured clients across Western Pennsylvania.

If your child or family was harmed during childbirth in Pittsburgh or Allegheny County, contact us or call us today for a free consultation at (412) 471-8500. You pay nothing unless we recover for you.

Call Our Attorneys: (412) 471-8500

Who Is Liable if My Child Suffered a Birth Injury?

A birth injury is physical harm to a baby or mother that occurs during labor, delivery, or immediately after birth, distinct from birth defects, which develop during pregnancy. When a doctor, nurse, midwife, or hospital fails to meet accepted medical standards during delivery, that failure can have lifelong consequences.

Who are the Liable Parties?

The delivering physician, nursing staff, midwife, supervising provider, and hospital itself can each share liability. Not every difficult birth involves negligence, but when the standard of care wasn’t met and a child was harmed, that family may have a valid claim.

Reach Ogg, Murphy & Perkosky, P.C. at (412) 471-8500 for a free consultation.

The damages in these cases reflect a lifetime of impact

Pennsylvania law allows victims to recover compensation for medical expenses, ongoing care costs, lost future earning capacity, pain and suffering, and permanent disability.

Future damages are often the largest component of a birth injury claim and require careful documentation from medical and vocational experts.

You don’t need to know whether negligence occurred before you call. That’s exactly what we’re here to determine.

What Are My Rights After a Birth Injury?

If your child was harmed by medical negligence during labor or delivery in Pennsylvania, your family has the right to pursue compensation, but those rights come with deadlines, procedural requirements, and legal standards that directly affect your case. Here is what you need to know.

You Have Time to File, But Do Not Wait

In most Pennsylvania medical malpractice cases, the statute of limitations is two years from the date of the injury under 42 Pa. C.S. Section 5524. However, when the injured party is a minor, Pennsylvania law tolls, meaning pauses, the deadline until the child turns 18, giving families until the child’s 20th birthday to file. Even so, waiting is not advisable. Evidence becomes harder to gather over time, medical records can be incomplete, and witnesses’ memories fade. Acting sooner protects your case.

You Have the Right to Have Your Case Heard in the Right Court

Birth injury lawsuits against Pittsburgh-area hospitals and providers are typically filed in the Allegheny County Court of Common Pleas.

Our attorneys are familiar with this court and the local rules that govern how these cases proceed.

Get Your Free Case Evaluation

Your Fault Does Not Necessarily Bar Recovery

Under Pennsylvania’s modified comparative negligence rule, 42 Pa. C.S. Section 7102, you can still recover damages even if you were partially at fault, as long as your share of fault is below 51%.

Your compensation is reduced by your percentage of fault, which is why early investigation and evidence preservation matter so much.

A Certificate of Merit is Required

Pennsylvania Rule of Civil Procedure 1042.3 requires that a Certificate of Merit be filed within 60 days of filing a medical malpractice complaint.

This certificate must confirm that a licensed medical professional has reviewed the case and believes the standard of care was not met.

Our attorneys work with qualified medical reviewers to satisfy this requirement properly.

How We Fight For Your Birth Injury Claim

Birth injury cases demand immediate action, deep medical knowledge, and experienced legal representation.

Here’s how our team approaches them:

  • Step 1: A Free Consultation With No Obligation – Call (412) 471-8500 or reach out through our contact form. We’ll listen to your family’s story, answer your questions honestly, and explain what your legal options look like, at no cost and with no pressure.
  • Step 2: We Secure and Review the Medical Evidence – Prenatal care records, labor and delivery notes, fetal monitoring strips, and NICU records can all contain critical evidence. We obtain your complete file and work with qualified medical experts to identify exactly where the standard of care was breached and how it caused your child’s injury.
  • Step 3: We’re Ready for Whatever It Takes – Whether your case settles or goes before a jury, we’re prepared for both outcomes. Our trial attorneys have the courtroom experience to see birth injury cases through to the end.
  • Step 4: We Handle the Hospital and Its Insurers – Hospitals have legal and risk management teams that move quickly to protect their interests. Once you hire us, we take over every communication and negotiation so your family doesn’t have to face them alone.
  • Step 5: We Pursue Every Avenue of Liability – The delivering physician is rarely the only party responsible. We investigate the hospital, nursing staff, supervising physicians, and the facility’s own policies, because a thorough liability investigation means every possible source of recovery is on the table for your family.
  • Step 6: No Fee Unless We Win – We handle birth injury cases on a pure contingency basis, no upfront costs and nothing owed unless we recover compensation for your family.
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ABOUT
Why Choose The Birth Injury Attorneys at OMP

Birth injury cases are among the most emotionally and legally complex claims in medical malpractice law.

At Ogg, Murphy & Perkosky, P.C., we’ve spent over 40 years fighting for families across Pittsburgh and Western Pennsylvania who suffered devastating, preventable harm during childbirth.

We understand the medical standards that apply in the delivery room and have the experience to take on hospitals and their insurers when those standards aren’t met.

You’ll work one-on-one with an attorney who knows the local courts, understands what your family has been through, and is committed to pursuing the full compensation you deserve.

No upfront costs, no legal fees unless we recover for you. Contact us or call (412) 471-8500 for a free case evaluation.

Get Your Free Case Evaluation
“

I highly recommend Mike Murphy and John Perkosky. They kept us informed every step of the way. Both are incredibly caring and were readily available to answer any questions we had. I felt completely confident in their abilities and am extremely grateful for all that they did. Mike and John fought hard to get us the best possible outcome for our case.

– Cheryl G.
“

The best firm in the city, and I'm not just saying that because of my name! Their level of legal knowledge here is unparalleled. Whether it's a personal injury or medical malpractice case, this firm is equipped to handle even the most complex matters. Their track record truly speaks for itself!

– Brandon O.
“

This Law Firm has a very unique way of handling your case. They strive to maximize your settlement, and I appreciate their hard work and professionalism.

– Tyler B.
“

I had such a great experience working with attorney Ben Gobel. His expertise and professionalism was evident throughout my case. He truly worked hard to bring me the best results. I highly recommend Ben for any personal injury issues.

– Ronald L.
“

Attorney Ben Gobel was fantastic. He was accessible and spent a lot of time reviewing my case with me, providing me with all of my options, possible outcomes and his recommendations. I had many questions and he answered every one of them thoroughly. Ultimately, I felt heard and had a better than anticipated outcome to my case!

– Erin O.

Frequently Asked Questions About Pittsburgh Birth Injury Claims

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Not all birth injuries are the result of negligence, but many are. If a doctor, nurse, or hospital failed to follow accepted standards of care during labor or delivery and your child was harmed, you may have a valid claim. The only way to know for certain is to have an attorney and a qualified medical professional review the records. We do this at no cost during your free case evaluation.

Pennsylvania’s statute of limitations for medical malpractice is generally two years. When the injured person is a child, that deadline is tolled until the child turns 18, giving families until the child’s 20th birthday to file. Even so, waiting is not advisable. Evidence is best preserved when action is taken early. Contact us as soon as possible.

Possibly. Some birth injuries, including certain forms of cerebral palsy, are not diagnosed until months or years after delivery. Pennsylvania’s tolling rules for minors may still protect your right to file. Contact our office to discuss the specific timeline in your situation.

Compensation in birth injury cases may include medical expenses, ongoing care costs, adaptive equipment, lost future earning capacity for the child, lost wages for parents who reduce work to provide care, and non-economic damages such as pain and suffering. Pennsylvania does not currently cap non-economic damages in most birth injury cases, which means the full value of your child’s suffering and your family’s loss may be recoverable.

Most birth injury lawsuits filed in the Pittsburgh area are handled by the Allegheny County Court of Common Pleas. Our attorneys have extensive experience in this court and understand the local procedural requirements that apply to medical malpractice cases.

Nothing upfront. We handle birth injury cases on a contingency fee basis. Our fee is a percentage of the recovery. If we do not obtain a recovery for you, you owe us nothing. We offer a free initial consultation with no obligation.

Contact Our Pittsburgh Birth Injury Attorneys Today

A preventable injury during pregnancy, labor, or delivery can have lasting consequences for both a child and their family.

Our attorneys can investigate whether medical providers failed to respond to signs of fetal distress, delayed necessary treatment, improperly used delivery tools, or made other errors that contributed to a birth injury.

Contact us today at (412) 471-8500 for a free case evaluation. You pay no attorney fees unless we recover compensation for you.

Call (412) 471-8500 today for a free case evaluation.

    The results obtained in any particular case depend upon the specific facts and circumstances of that case. Past verdicts and settlements do not guarantee or predict a similar outcome in future cases.

    245 Fort Pitt Blvd., Pittsburgh, PA 15222, US