Can you sue a surgeon for negligence after causing harm and causing birth defects due to in utero surgery?

Yes and no..

The great thing about America is that you have the right to sue anyone for just about anything. The likelihood of being able to win a case is rather difficult.

Many doctors will have you sign a liability agreement before performing just about any procedure. This is usually required so they can be insured (malpractice insurance) or even hold practice at many hospitals.

As the plaintiff, you have to prove the doctor knowingly did not use the standard use of care and he/she denied you care that is needed for that particular procedure. Most doctor's are truly trying to do what they think is best for you, and with any procedure, there is that risk of something happening... you would have to prove that they truly had NO CLUE what they were doing usually.

Since this burden is rather difficult to present, often times, your case can be heard to deaf ears. This is why doctors with malpractice suits in their background can still practice. Kanye West's mother's surgery is prime example! That plastic surgeon had dozens of malpractice suits, and was still performing surgeries.

Always research your doctor's prior to any procedure, and use your faith and good judgment before any procedure... and credentials and board certification matters! And always look at where there degrees are obtained for their specialty. I don't know about everywhere else, but in CA there are many doctors who obtained their medical degrees out of the country, where procedures are performed and regulated completely differently than how they are out here.