The process of in vitro fertilization (IVF) is already physically and emotionally taxing enough without the trauma of an unthinkable mistake, such as the fertility clinic using the wrong sperm, eggs or embryo. Yet this is the experience many hopeful parents suffer due to negligence by fertility clinics.
If you find yourself in this extremely trying situation, take immediate action to protect your rights. With the correct steps, you can hold the clinic accountable for a fertility error that may impact you and your family for life.
Confirm the Biological Discrepancy
IVF mix-ups are serious errors that involve the implantation of the wrong sperm, eggs or embryo in a patient, potentially resulting in a pregnancy using another person’s genetic material. These mishaps can result in a child being born to parents who are not genetically related to the child, or one person carrying another couple’s child.
If you have reason to believe your fertility clinic used the wrong materials during IVF, the first thing you should do is confirm the genetic discrepancy with medical testing. Seek medical attention from a third-party health care provider to get a DNA test to confirm the issue. This will provide you with the documentation necessary to proceed with a lawsuit.
Document Your Experience
Gather as much evidence as possible regarding the IVF error. This includes your original medical documents from the fertility clinic as well as any new tests done to confirm the mistake. Keep a record of all communications between you and the fertility clinic or other health care providers, as well. Write down a description of events in your own words, including names, dates and locations of key events.
Understand Your Rights
Unlike some other countries, such as the UK, the United States does not have a governing agency in charge of regulating standards at fertility clinics. This oversight has resulted in gaps in care that unsuspecting patients can fall through. When a patient receives the wrong sperm, eggs, or embryo, it is almost always the result of some type of medical negligence.
Medical negligence or malpractice refers to a health care provider falling short of the accepted standards of care, resulting in harm to a patient. Mix-ups during IVF can be caused by many examples of negligence, including mislabeling reproductive materials, improperly storing sperm or embryos, allowing storage equipment to fail or malfunction, or mixing up patients. When negligence results in an IVF error, those affected have the right to file a lawsuit with the guidance of a Minnneapolis medical malpractice lawyer.
Hire the Right Fertility Clinic Negligence Lawyer
Contact an attorney with experience handling cases of fertility clinic negligence for a free consultation to begin the claims process. A lawyer can analyze your situation to determine if you have grounds to file a lawsuit against the fertility clinic. If so, your lawyer will accurately evaluate your damages to seek a fair amount.
You may be eligible for compensation for losses such as your related medical costs, repeat procedures, pain and suffering, emotional trauma, a custody battle, and wrongful birth damages. The fertility clinic may also be ordered by the courts to pay punitive damages for gross negligence to deter future such misconduct.
Your lawyer will evaluate your options, help you negotiate a fair settlement or bring your lawsuit to trial, if necessary, in pursuit of justice against a negligent fertility clinic. Meanwhile, you will have the peace of mind to prioritize your family’s well-being during this difficult time.