How Do You Know if Your Child’s Defects Were Caused by Medical Malpractice or Environmental Pollution?
- Dave Hoover
- May 22
- 9 min read

Unraveling the Causes Behind Philadelphia Birth Injuries and Birth Defects
Every expectant parent hopes for a healthy pregnancy and a safe delivery. Unfortunately, some families in Philadelphia are faced with the heartbreaking reality of birth injuries, congenital defects, and developmental abnormalities in their newborns. These conditions can include genetic aberrations, organ malformations, neurological impairments, and a wide range of physical or cognitive dysfunctions. But what causes them—and more importantly, what are your legal options if your child is affected?
As Philadelphia birth injury and medical malpractice lawyers, we help families understand the causes of such tragic outcomes and determine whether a medical provider, healthcare entity, or even an environmental factor may be to blame. However, not every unfavorable outcome during labor and delivery is grounds for a lawsuit, and not all birth defects stem from medical negligence. Understanding where the fault lies is a complex process—one that we can help you navigate.
Is a Birth Defect a Ground for a Birth Injury Lawsuit?
Birth defects are structural or functional abnormalities that develop before a child is born. These may be caused by genetics, maternal health issues, environmental toxins, or negligent medical care. But when is a birth defect the result of a preventable error made by a doctor, obstetrician, or hospital staff? This is one of the most common—and most important—questions we hear.
If a birth defect was caused by delayed or incorrect treatment during pregnancy, failure to diagnose or treat maternal infections, medication errors, or poor handling of labor and delivery, it may be classified as a Philadelphia birth injury—a condition that could justify legal action.
Is Every Bad Outcome of Birth a Lawsuit?
The short answer is no. Just because something went wrong during labor or delivery doesn’t automatically mean a healthcare provider was negligent. In some cases, complications arise even with the best medical care. However, when hospitals fail to follow accepted standards of care—such as missing fetal distress, failing to order a timely C-section, or misinterpreting prenatal test results—they may be liable for the harm caused.
How do you know what caused your baby’s birth defect?
That’s where a comprehensive medical and legal evaluation comes into play. As your trusted Philadelphia birth injury attorneys, we will examine your pregnancy history, delivery records, lab results, and the timeline of care to determine if medical negligence occurred. Our Philadelphia medical malpractice lawyer collaborates with medical experts to uncover the root causes and help you understand what happened—and why.
Which Birth Conditions May Be Grounds for Legal Action?
Certain newborn conditions may be clear indicators of malpractice, such as cerebral palsy due to lack of oxygen at birth, brain damage caused by delayed delivery, or physical trauma resulting from improper use of forceps or vacuum extraction. But other injuries may be less obvious, such as internal organ damage from untreated maternal conditions or developmental delays caused by untreated fetal distress in utero.
Who can file a birth injury lawsuit, and how much time do they have to take legal action?
Typically, it is the parents or legal guardians who file a lawsuit after a birth injury in Philadelphia on behalf of their injured child. However, the child is also considered a party who may be legally entitled to pursue a Philadelphia birth injury lawsuit. The standard statute of limitations for filing such lawsuits is two years, generally starting from the date of the child’s birth. That said, not all injuries, disabilities, or developmental delays caused by birth errors are immediately apparent. In many cases, these conditions only become noticeable when the child begins to miss developmental milestones or struggles with skills that peers of the same age are already mastering. When this happens, concerned parents may seek medical evaluation, which sometimes uncovers a previously undetected medical condition linked to mistakes during labor or delivery. In such situations, the “discovery rule” may apply—allowing the statute of limitations to begin from the date the injury was discovered or reasonably should have been discovered, rather than the date of birth.
Children who suffer these injuries are often entitled to seek compensation when they reach adulthood. In Pennsylvania, they typically have two years after turning 18 to file a lawsuit. However, waiting that long can be risky, especially as large hospitals and insurance companies may pressure families into signing unfair settlements. Vulnerable young adults deserve strong legal representation to ensure their rights are protected, and our team is committed to helping adolescents and their families recover full and fair compensation.
What if the Cause Was Environmental?
While many birth injuries are rooted in medical negligence, a growing number of cases stem from exposure to environmental toxins—polluted drinking water, contaminated soil, hazardous workplace chemicals, or even lead-based building materials. In these situations, families may have a legal claim against employers, landlords, or manufacturers who failed to protect pregnant women from dangerous substances.
In fact, some of the most devastating birth defects seen in Philly neighborhoods have been linked to long-term environmental pollution, including toxic waste sites, industrial runoff, and lead exposure in poorly maintained rental properties. We will explore these cases and highlight how negligent building owners, employers, and municipalities have endangered the health of unborn children.
A Complex Web of Liability—and the Right to Justice
Throughout this article, we will explore legal rights and options for families impacted by both medical errors and environmental exposures. We’ll answer common questions, correct harmful myths, and explain how our Philadelphia birth injury lawyer team investigates these complex cases. We’ll also clarify who is entitled to file a claim: both parents and legal guardians can sue on behalf of their injured child, and the child themselves has the right to take legal action after they reach the age of 18.
Healthcare professionals—including doctors, nurses, obstetricians, midwives, and prenatal testing centers—have a duty to uphold the highest standards of care. When they fail, the consequences can last a lifetime. Our role as Philadelphia medical malpractice attorneys is to make sure your family has access to justice, answers, and the financial support you need to provide for your child’s future.
Birth Injuries and Medical Malpractice: Conditions Often Linked to Negligence
Some of the most serious and lifelong conditions affecting newborns result directly from birth injuries caused by medical negligence. Our Philadelphia birth injury attorney team regularly investigates cases involving cerebral palsy, hypoxic-ischemic encephalopathy (HIE), brachial plexus injuries, paralysis, and perinatal strokes. These conditions are not random; in many cases, they result from specific medical errors during labor and delivery.
Delayed or failed C-sections, prolonged or obstructed labor, mismanagement of fetal distress, and improper use of delivery tools like vacuum extractors and forceps can all result in trauma to the newborn. Umbilical cord complications, including cord prolapse or wrapping around the baby's neck, can cause oxygen deprivation, leading to HIE or cerebral palsy. Similarly, failure to diagnose or properly treat maternal conditions such as gestational diabetes, preeclampsia, or infections during pregnancy can also lead to catastrophic outcomes.
When these complications and resulting conditions are proven to have been preventable through timely intervention or proper medical care, they may be valid grounds for a Philadelphia birth injury lawsuit. Our Philadelphia medical malpractice lawyer team helps families prove that these tragic outcomes were not simply bad luck but preventable harms caused by healthcare provider negligence.
Environmental Factors and Birth Defects
Not all congenital conditions or birth defects are the result of medical negligence. In some cases, environmental factors play a critical role in harming developing fetuses. Exposure to industrial pollution, contaminated drinking water, hazardous dust in residential buildings, and soil tainted by chemicals can all contribute to serious developmental issues and birth defects.
Substances such as lead, mercury, arsenic, pesticides, PFAS, benzene, PCBs, and phthalates have been scientifically linked to neural tube defects, cleft palate, congenital heart conditions, limb malformations, and even intellectual and cognitive disabilities. Expectant mothers may unknowingly breathe, ingest, or absorb these toxins through the air, food, or water supply, affecting fetal development.
Our Philadelphia birth defect lawyers understand that these environmental birth defect cases can be incredibly complex, but they are no less devastating for affected families.
Real Cases of Environmental Birth Defects in Pennsylvania and Across the U.S.
In Pennsylvania and across the United States, there have been several widely-known cases in which children were born with serious defects due to toxic environmental exposure:
Pennsylvania:
Bucks County (2018–2020): Families near industrial sites linked to PFAS contamination in drinking water reported increased cases of low birth weight, congenital heart defects, and learning disabilities.
Philadelphia (2016): Lead contamination in aging apartment buildings was found to cause developmental delays and birth defects among newborns whose mothers lived in these residences during pregnancy.
Pittsburgh (2012): A cluster of neural tube defects was reported in infants whose mothers were exposed to benzene and other industrial solvents through groundwater contamination.
Lehigh Valley (2019): Several cases of cleft palate and limb deformities were linked to air pollution and pesticide exposure from nearby farmlands.
Chester County (2021): Lawsuits emerged against a plastics factory after multiple birth defects were traced to phthalate exposure in pregnant workers.
Nationwide:
Camp Lejeune, NC (1953–1987): One of the most infamous cases, where water contamination with trichloroethylene (TCE) and other chemicals was linked to birth defects, miscarriages, and childhood cancers.
Flint, Michigan (2014–2016): Lead contamination in drinking water led to a spike in miscarriages, low birth weight, and suspected birth defects.
Love Canal, NY (1970s): Thousands of residents were affected by buried chemical waste, resulting in multiple congenital disabilities in newborns.
Anniston, Alabama (1990s–2000s): PCB exposure from a chemical plant led to multiple cases of developmental and birth disorders.
Hinkley, California (1990s): The subject of the film Erin Brockovich, where hexavalent chromium in the water supply led to cancers and reproductive issues.
These cases illustrate the severe impact environmental toxins can have on pregnancy outcomes, and the importance of identifying responsible parties.
Determining the Cause of Your Baby’s Birth Defects: What is the cause of my baby's birth defects?
Many parents are overwhelmed after learning their child has a birth defect or developmental delay. One of the most pressing and confusing questions they face is: What caused this? Our Philadelphia birth injury lawyer team works closely with medical experts, environmental specialists, and forensic investigators to help families find answers.
We begin by reviewing your medical records, prenatal care history, labor and delivery documentation, and any environmental or occupational exposures during your pregnancy. We also consult with pediatric neurologists, geneticists, and toxicologists when necessary to pinpoint potential causes. If your child’s condition is linked to negligent medical care, our Philadelphia medical error lawyer will work to build a case that establishes liability and proves damages.
Environmental Toxins and Cancer Misdiagnosis: Other Forms of Medical Negligence
It’s important to note that environmental exposure can lead not only to birth defects, but also to long-term medical conditions such as childhood cancers, organ dysfunctions, and endocrine disorders. When a healthcare provider fails to properly diagnose or screen for these conditions despite clear risk factors or symptoms, that failure can be grounds for a strong Philadelphia medical malpractice lawsuit.
For example, if a child was regularly exposed to known carcinogens or neurotoxins and the doctor failed to order necessary testing or misinterpreted results, our Philadelphia medical malpractice attorney may be able to hold them accountable. Misdiagnosis or delayed diagnosis of cancer is an all-too-common form of malpractice that our legal team is prepared to investigate.
Environmental Causes vs. Medical Malpractice: Two Separate Legal Paths
It’s critical to understand that not all birth defects qualify for a Philadelphia birth injury lawsuit. If a defect was caused primarily by environmental toxins—such as polluted water, workplace hazards, or tainted produce—the responsible party might not be a doctor or hospital, but an industrial corporation, landlord, or employer.
These types of claims often require environmental class actions or mass torts, especially when multiple families in a community are affected by similar defects. These lawsuits can take years and require extensive scientific and legal investigations to prove causation and liability. However, if multiple babies in a region were born with similar defects and had common exposure, experienced lawyers may help file or join a class action to seek compensation for affected families.
That said, if a doctor misdiagnosed a congenital condition during pregnancy, failed to identify a serious abnormality on an ultrasound, or neglected to inform parents of known fetal issues, then that may still be grounds for a Philadelphia medical malpractice claim. In such cases, the legal focus shifts to Philadelphia pregnancy misdiagnosis or improper prenatal care.
Contact Our Birth Injury and Medical Malpractice Team Today
If your child has a congenital defect, developmental delay, or serious disability and you suspect that medical negligence or environmental exposure played a role, don’t hesitate to contact our firm. Our Philadelphia birth injury attorney team is here to evaluate your case, answer your questions, and help determine the appropriate legal path.
How Much is My Case Worth?
Our Philadelphia medical malpractice attorney will examine whether the condition was preventable and whether any party—a hospital, physician, or, obstetrician —can be held accountable. If we find grounds for legal action, we will build a powerful birth injury or medical malpractice case, gather expert testimony, and fight to secure compensation for your child's medical care, special education needs, and lifelong accommodations. The exact amount of compensation depends on several factors and unique circumstances surrounding your pregnancy, labor, delivery and neonatal care of your newborn. Medical errors can occur on every level of healthcare, there could also be multiple errors and more than one negligent party held accountable for your harm.
Can I Afford to Hire a Philadelphia Birth Injury Attorney? How Much is it to Hire a Lawyer?
We work on a contingency fee basis, which means you owe us nothing unless we win compensation for your case. Your consultation is free, and we are committed to helping families across Philadelphia and Pennsylvania get the answers and justice they deserve.
If your child was harmed at birth or diagnosed with a condition you suspect could have been prevented, call our Philadelphia birth injury lawyer or our Philadelphia medical malpractice lawyer team today. Let us advocate for your child’s future—and your family’s peace of mind. Call the Hoover Medical Malpractice Law Firm at (267) 490-3988 as soon as possible!
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