Fertility Clinic Negligence – Medical Malpractice Attorneys

Without access to fertility clinics, countless people would never have the chance at having biological children. Sure, some may argue that there are other options like adoption, but adoption may not be an option for some. Men and women may be unable to procreate due to medical conditions or simply because it is physically impossible (as is the case with same-sex couples and with individuals that identify as transgender, for example). No matter the circumstances behind the inability to conceive a child “naturally,” everyone has the right to pursue their dreams of forming their own family. For people dealing with infertility, fertility clinics represent a chance at having children.

Clinics offer different treatment options, such as In Vitro Fertilization (IVF), Intrauterine Insemination (IUI), as well as Intracytoplasmic Sperm Injections (ICSI); clinics also offer embryo genetic testing and surgical sperm retrieval as part of their fertility treatments. Although some insurance policies cover the treatment, many times, insurance will not provide any coverage. Fertility patients can find themselves spending tens of thousands of dollars per treatment – and very few of them require only one treatment.

Unfortunately, fertility clinics (including doctors and other staff) can make mistakes. Possible mistakes can include the following:

• Damaging or destroying eggs and embryos
• Failing to conduct the appropriate genetic testing
• Failing to inform prospective parents of the results of genetic testing
• Implanting the wrong embryo
• Losing embryos (i.e. misplacing embryos)
• Not labeling samples correctly
• Not storing frozen eggs/embryos at the correct temperature
• Switching embryos among patients
• Using recalled products for the process (such as recalled embryo culture)
• Using the wrong egg/sperm to create the embryos

These mistakes can ultimately lead to lost sperm samples, lost embryos, damages frozen eggs, destroyed samples, fertilization using the wrong samples, misdiagnoses, miscarriage, and birth defects, for example.

On January 16, 2023, FUJIFILM Irvine Scientific, Inc. recalled their Oil for Embryo Culture (specifically catalog #9305 and oil lots 0000011351, 0000011367, 0000015999, 0000016001). According to the recall, clinics complained of the poor performance of the oil. The oil was seriously affecting embryo development, leading to them being destroyed before implantation or aborted if already implanted. In this situation, the company that manufactured the oil for embryo culture could be liable for the damages. However, if a clinic was aware that they were using subpar oils to culture embryos (for example, if the clinic was knowingly still using recalled products), then the clinic could be liable.

Fertility clinics, the doctors, and nurses owe their patients a duty of care. They must treat patients with the highest level of skill, doing everything to ensure that their actions (or inactions) do not harm patients. This duty of care includes informing patients of any issues that arise and allowing patients to decide how they want to proceed. This is why genetic testing is so important in fertility treatment, for example. Genetic testing allow the professionals to identify any potential issues (that could lead to miscarriages, birth defects, or other medical conditions) and allow patients to decide whether they want to continue with the fertility process, continue the pregnancy, or terminate the pregnancy. When a fertility doctor/clinic fails to offer genetic testing and the child is born with a defect that could have been identified during genetic testing, then the doctor/clinic could be liable. The same applies if the genetic testing found the defect but the clinic/doctor failed to inform the parents. In summary, the fertility clinic or the fertility doctor could be liable and could be sued for any harm caused as a direct result of the negligence of fertility clinics.

Our law firm has been approached with some of the following questions:

• Can I sue the fertility clinic if they made a mistake?
• Can I sue my IVF clinic if they damaged my embryo?
• Can I sue my fertility clinic if they destroyed my samples?
• Can I sue the fertility clinic if I was not informed of the findings of the genetic testing?

Yes – you could sue the fertility clinic. Whether the clinic lost/destroyed your samples, lost the embryo, destroyed the embryo, did not offer genetic testing, or did not tell you of the results of the genetic testing, you could have the right to sue. Whether you lost your only chance to become parents or your child was born with defects that could have been identified during the fertility treatment, you could potentially pursue a claim.

For more information about your right to sue for IVF medical malpractice, contact the fertility lawyers here at the Downtown L.A. Law Group as soon as possible.

Because these types of claims are so different than personal injury claims and even medical malpractice claims, the compensation available for recovery may not always be straightforward. In general, claimants may have grounds to recover compensation for pain and suffering (for losing chance of becoming biological parents). Claimants may also be eligible to recover compensation for punitive damages (especially if there was gross negligence). In some cases, claimants may be reimbursed for all the costs associated with the fertility treatment.

Here at our law firm, our team is fully committed to getting our clients the maximum recovery available for their IVF malpractice claims. If you are ready to learn more about how much compensation you could be awarded if your claim is successful, contact us today.

For a successful claim, claimants must be able to prove the following:

• That there was a doctor-patient relationship
• That the doctor or clinic was negligent
• That the negligence resulting in damages (such as the loss of reproductive choice)
• That the damages resulted harm (such as emotional distress, mental distress, etc.)

Affected patients must gather all relevant evidence, like records of the fertility treatment. Of course, affected patients must seek legal assistance with a fertility malpractice lawyer as soon as possible. If you find yourself unsure of what you should do next, do not hesitate to reach out to our lawyers – our IVF malpractice lawyers are ready to guide you every step of the way.

If you and your partner were deprived of the right to make your own reproductive choices because of the negligence of a fertility clinic, you may have the right to file a medical malpractice claim. Whether the fertility clinic destroyed your sample, lose your embryo, or made another mistake that ultimately led to you being unable to have a child or to you having a child with a birth defect, you could have the right to file a claim and recover compensation. If you are interested in pursuing a claim against the fertility clinic, contact our experts at the Downtown L.A. Law Group today. Our team has decades of experience and is ready to help you fight for your rights.

Our law firm offers free legal services, which include free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions, address all your concerns, and provide you with absolutely all the information that you need to either begin or continue your claim. Our Zero-Fee Guarantee ensures that our clients will not be required to pay any upfront legal fees. In addition, we work on a strict contingency structure, meaning that our clients will not have to worry about paying any legal fees if their claims are not successful.

If you are ready to speak with our lawyers and explore the legal options available to you, contact us today.

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