That’s not how it would play out in a malpractice case.
Lawyer: You recommended my client take a medication that causes birth defects, when you could have recommended a medication that doesn’t cause birth defects. Because of that, her child has birth defects.
Doctor: Yes, but she said she didn’t want children.
Lawyer: Have you ever heard a woman say she didn’t want children, who later went on to have a child?
Doctor: Yes, it happens sometimes.
Lawyer: So birth defects are a foreseeable result of the medication you recommended, even in women who say they don’t want children?