Infertility in a medical sense is defined as an inability to conceive after one or more years or trying. For women who are older than 35, they are diagnosed as infertile if they are unable to get pregnant after trying for at least 6 months.
According to the Centers for
Disease Control and Prevention (CDC),
around 10% (or 6.1 million) women in the U.S. between the ages of 15 and 44 struggle with infertility. Aside from not being able to get pregnant, infertility also refers to an inability to stay pregnant.
It’s important to note that men can also suffer from infertility. In approximately one-third of couples that are unable to have children, the issue lies with the male and not the female. But infertility can’t always be blamed on one party of the other. One-third of infertility cases involve unknown causes, meaning neither partner has health issues that would keep them from having children.
Medical Negligence by an Infertility Clinic
No matter the reason, many infertile individuals and couples seek help from a fertility clinic in order to achieve their dream of parenthood. The process can be physically and emotionally draining, and there’s no denying the exorbitant price of fertility treatments that may or may not work.
Of course, if you end up being pregnant and having a baby, the costs and impact on your mental well-being were all worth it. However, there are many patients that do not have success with IVF and other fertility treatments. In some cases, the patient may end up with significant health complication as a result of negligence by the clinic.
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Can I Sue a Fertility Clinic for Malpractice?
Yes, you may have grounds to file a fertility clinic medical malpractice lawsuit if negligence by one or more people at the clinic deprived you of the opportunity to have a child. You can also file a lawsuit if unsafe practices and deviations from standard protocols resulted in birth defects to your baby.
Lawsuits against infertility doctors are extremely complex, and proving a case of medical malpractice is challenging, to say the least. That’s why you should immediately contact a fertility clinic negligence medical malpractice lawyer. Our legal experts are here 24/7, and we are more than ready to fight for your rights and obtain the compensation you deserve.
Why People Turn to Fertility Clinics
In past generations, people simply had to accept that they were infertile, as there were no available treatments to help those who were struggling to conceive and sustain a health pregnancy. Thanks to fertility clinics, many people can still achieve the dream of having a child to love and care for.
Fertility clinics also offer a ray of hope to women who are older than 35, when you have a much lower chance of becoming pregnant. A lot of these women devoted their twenties to making strides in their career or stabilizing their finances, which is essential in order to provide for a child. Unfortunately, this can result in fertility issues by the time they are ready to become parents. Same sex couples also turn to fertility clinics if one or both of the partners wishes to have the experience of bringing a child into the world.
These clinics offer a variety of fertility procedures, though IVF (in-vitro fertilization) is the treatment that most people are familiar with. Here are some other examples of assisted reproductive treatments that are available at medical facilities:
- Intrauterine Insemination (IUI)
- Intracytoplasmic Sperm Injection (ICSI)
- Gamete Intrafallopian Transfer (GIFT)
- Zygote Intrafallopian Transfer (ZIFT)
- Egg / sperm donation
- Surrogacy
Errors at Fertility Clinics that Constitute Malpractice
It’s unreasonable to expect that doctors, nurses, and other healthcare providers will never make a mistake. But there are strict and comprehensive medical standards that clinicians must follow in order to maximize patient safety and effectiveness of the medical treatment or procedure. Mistakes at a fertility clinic that can be used as ground for a medical malpractice lawsuit include:
- Misdiagnosis of why a patient is infertile
- Lost or destroyed embryos
- Problems with the cryopreservation equipment, resulting in damage to frozen eggs
- Lost sperm samples
- Usage of the wrong embryo or sperm sample
- Negligence during a surgical procedure
- Not offering genetic testing
- Inadequate patient monitoring
Class Action Lawsuit – Recall on Oil for Embryo Culture
On January 16, 2023, a recall was issued by FUJIFILM Irvine Scientific, Inc. for embryo culture oil lots 0000011351, 0000011367, 0000015999, and 0000016001.
The recall was announced after multiple fertility clinics complained of serious defects, primarily, reduced blastocyst development and complete destruction of the embryo, along with low sperm counts. An investigation by the company revealed contamination in 3 or 4 recalled lots. The company chose to recall all four of the lots, as they all derived from the same raw material.
The company issued a public statement stating that that usage of the oil can have negative consequences on embryo development and blastocyst development. In short, any embryos that were preserved with this oil may be severely damaged to the point where destruction is the only option. Or, the patient may need to have an abortion if the embryo has already been implanted.
Unlike a medical malpractice case, this is a situation where liability falls on the manufacturer of the oil for embryo culture. However, investigations are ongoing to see if there were any actions by the fertility clinic that could make them responsible for the degraded embryos. For example, how long did the clinic continue to use the oil culture after they discovered signs that the batch was ineffective? So, it’s possible that effected patients may have cause to sue the fertility clinic, as well as FUJIFILM Irvine Scientific.
If you or someone in your family was affected by this tragic event, please take a moment to contact our law firm. We can provide you with an explanation of your rights and legal options during a free consultation, including the right to join a FUJIFILM Irvine Scientific oil for embryo culture class action lawsuit.
Negligence in IVF Clinics and Other Facilities for Assisted Reproduction
As with any hospital or medical center, fertility clinics owe their patients a specific duty of care. This includes treating patients with the highest level of skill and taking measures to protect them from physical and emotional harm.
There are many ways that a doctor or other medical professional can fail in their duty of care. Examples at a fertility clinic include equipment failures, failure to conduct genetic testing, failing to diagnose the correct cause of infertility, or careless administration of medication and other treatments.
If you suspect that you are a victim of medical malpractice by a fertility / IVF clinic, please talk to one of our attorneys. You may have the option of filing a civil lawsuit, but there is a limited amount of time to sue a healthcare provider for negligence or misconduct.
Compensation for Medical Malpractice Victims
Various forms of restitution are available to those who lives were negatively affected by malpractice from a fertility specialists or clinic. Some of these are economic damages, like medical expenses and lost wages and benefits from your job.
But we also have to consider the psychological harm you suffered and may continue to suffer long into the future. Based on the degree of emotional trauma and how it has affected your life, you may be eligible to receive pain and suffering and emotional distress payments. If your case goes to trial and the jury determines that the level of negligence by the clinic was excessive, you may receive an additional sum of money in the form of punitive damages.
For more information on the compensation that is owed to you, contact the medical malpractice lawyers of Normandie.
Help from a Fertility Clinic Malpractice Attorney
Victims of negligence by a healthcare provider need advice and guidance from an experienced lawyer. That’s precisely what we can offer you at Normandie Law Firm, along with the Zero Fee Guarantee. We guarantee that you will pay $0 out of pocket for the entire duration of your case. The cost of representing you is a part of the settlement or jury verdict from a successful lawsuit. So, if we fail to secure compensation for you and your loved ones, we make $0, and you walk away without spending a penny.
We hope you will take this opportunity to get in touch and schedule a free case evaluation with our legal experts.
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