IVF And Fertility Negligence Claims

When Can You Make A Medical Negligence Claim?

Experiencing fertility treatment which goes wrong may result in IVF and fertility negligence claims. Fertility treatments are a rollercoaster of emotions for both partners, so when things go wrong, it can be devastating.  These treatments are tough enough without adding unnecessary heartbreak,

If you feel your clinic or medical professional has let you down and you are considering a medical negligence claim, Jefferies Claims may be able to help. Our compassionate and caring team works with experienced lawyers who operate on a ‘No Win, No Fee’ basis.

What is IVF And Fertility Negligence?

Fertility negligence happens when a medical professional or fertility clinic fails in their duty of care, leading to physical, emotional, or financial harm. Providers of fertility treatment should follow strict medical procedures and ethical standards. If they don’t, and it results in harm or loss for you, that’s where a negligence claim can come in.

IVF negligence is not limited to life-changing errors such as the wrong embryo being implanted. It may also involve careless mistakes, poor advice or failure in duty that impact your chance of conception.

Examples Of When It Can Go Wrong

Fertility treatment may go wrong due to negligence, here are some examples:

Implanting the Wrong Embryo

Although rare, there have been cases where patients have been implanted with the wrong embryo due to administrative errors or mix-ups in the lab. This has disastrous consequences, from losing a wanted pregnancy and discovering a baby is not genetically related to you.

Poor Handling And Storage of Embryos

Fertility clinics are responsible for properly storing embryos and sperm in controlled environments. If the freezing process is faulty, equipment fails, or a there’s a mix-up in labelling, embryos can be lost, destroyed, or even given to the wrong person.

Failure to Diagnose Underlying Fertility Issues

Before undergoing IVF, clinics should thoroughly assess potential underlying health issues that may affect fertility. If they fail to diagnose a condition, such as  endometriosis, polycystic ovary syndrome (PCOS), or male infertility issues, this could mean unnecessary or ineffective treatment, wasting time and money.

Medication Errors

Fertility treatments involve complex medication schedules. If a clinic prescribes the wrong drugs, gives incorrect dosages, or fails to monitor a patient’s response properly, it can lead to serious complications. This type of error may lead to ovarian hyperstimulation syndrome (OHSS), failed cycles, or even severe illness.

Inadequate Screening of Donors

If you’re using donor sperm or eggs, the clinic should thoroughly screen the donor for genetic diseases and infections. If they fail to do this properly, the recipient, or resulting child, could suffer from preventable health conditions.

Lack of Informed Consent

Doctors are required to explain the risks, success rates, and alternative options before you undergo fertility treatment. If they fail to provide adequate information, and you suffer harm as a result, it may be grounds for a claim.

Surgical Errors During IVF Procedures

Surgical procedures play a crucial role in IVF, particularly in egg retrieval and embryo transfer. Unfortunately, errors during these procedures can have serious consequences:

• Damage to Reproductive Organs – During egg retrieval, a doctor must use a fine needle to extract eggs from the ovaries. If not done properly, this can cause excessive bleeding, damage to the ovaries, or injury to surrounding organs.
• Infection Risks – Poor sterilisation practices or failure to prescribe necessary antibiotics can lead to infections.
• Perforation of the Uterus – During embryo transfer, if the catheter is inserted too forcefully or incorrectly, it can lead to uterine perforation. This will cause pain for the patient and may  potentially reduce implantation success rates.
• Anaesthesia Complications – Some patients undergo IVF-related procedures under sedation or general anaesthesia. If improperly administered, this can lead to complications such as allergic reactions, respiratory distress, or even long-term health effects.
• Failure to Properly Place Embryo – If the embryo is placed incorrectly or in a way that does not maximise implantation chances, the likelihood of a successful pregnancy may be reduced.

What You Need To Know About A Medical Negligence Claim

If you’ve suffered physically, emotionally, or financially due to errors in your fertility treatment, you may be eligible to file a medical negligence claim. However, you would need to show that the medical professional or clinic breached their duty of care. Furthermore, you will need to prove their mistake led directly to your injury, financial loss or emotional distress.

If you believe you’ve suffered from fertility or IVF negligence, your next step will be to speak to a medical negligence lawyer who can advise you on a potential claim.

Jefferies Claims can guide you through this process. We work with highly experienced lawyers in this field who operate on a ‘No Win, No Fee’ basis and we will give you the support and understanding you need at this difficult time. Call us now at 0333 358 3034 or visit Jefferies Claims Contact Us Page for a free, no obligation consultation.