Last Updated on March 11, 2025 by tanya

IVF and Fertility Negligence Claims

 

A Guide To What You Need To Do Next

IVF and fertility negligence claims may be made when things go wrong due to negligence regarding your fertility treatment. Going through this treatment, including IVF, is known to be a stressful experience for any couple.

Medical negligence may result because of a misdiagnosis, a medication error or even an embryo mix-up. Such mistakes may have lifelong consequences. If you want to find out more about making a medical negligence claim, First Personal Injury may be able to help you.

We work with experienced lawyers who work on a ‘No Win, No Fee’ basis and who can assess your case with care and guide you to the next steps.

 

What You Need To Know About Fertility Negligence

Fertility negligence occurs when a medical professional or fertility clinic fails to meet the expected standard of care which causes harm or distress to the patient. This may happen at any stage of the IVF process. This includes stages from your initial consultations and treatments to embryo transfer and even post-procedure care.

For IVF and fertility negligence claims, you generally need to show that the medical professional, or clinic, breached their duty of care. This happens when they fail to provide the expected level of care. Additionally, you will have to show that you suffered harm as a direct result of their actions.

 

Common Types of Fertility and IVF Negligence

Fertility treatment is a delicate process that requires precision. Unfortunately, mistakes can happen, and here are some common types of negligence in fertility treatment:

Misdiagnosis or Failure to Diagnose

Patients are usually tested to determine the cause of infertility prior to undergoing fertility treatment. If a doctor misdiagnoses the issue or fails to diagnose an underlying problem, it can lead to ineffective treatments, wasted time as well as emotional distress. Examples of this may include a hormonal imbalance or blocked fallopian tubes.

Medication Errors

Fertility treatments often involve powerful hormonal medications that need to be carefully prescribed and monitored. Errors such as prescribing the wrong dosage or the wrong type of medication can lead to complications, failed cycles, or even serious health risks.

Errors in Embryo Handling and Storage

One of the most distressing forms of fertility negligence involves mishandling embryos. This could include mix-ups, losing an embryo due to storage failure or accidental destruction. Or improper freezing or thawing may cause harm to an embryo.

Implantation Errors

During IVF, the embryo transfer stage is critical. Errors at this stage may reduce the chances of success and cause emotional distress for the patient. This may include mistakes such as incorrectly implanting the embryo or failing to transfer the correct number of embryos.

Failure to Inform About Risks

Medical professionals have a duty to explain the risks and potential complications associated with fertility treatments. If a doctor fails to provide adequate information, leading to unexpected complications or unsuccessful treatment, this could be grounds for a negligence claim.

Negligence During Egg Collection or Sperm Retrieval

Egg and sperm retrieval procedures must be performed with precision. Surgical errors during egg collection can lead to internal bleeding, infections, or damage to reproductive organs. Likewise, mistakes in sperm retrieval could result in a failed fertilisation process.

Contaminated or Defective Equipment

Fertility clinics rely on advanced technology to carry out treatments. If equipment is faulty, contaminated, or used improperly, it may affect the outcome of the procedure.

Psychological Impact and Emotional Distress

The emotional toll of fertility treatment is significant. A clinic’s negligence may lead to unnecessary stress, anxiety, or trauma. Examples may include the loss of embryos or an IVF failure due to preventable mistakes.

 

Time Limits For Medical Negligence Claim

If you have suffered due to fertility negligence, you may be eligible to make a medical negligence claim. Medical negligence claims must usually be made within three years from the date you became aware of the negligence. Compensation typically covers medical costs, financial losses and emotional distress.

 

Here’s Your Next Steps

It is important that you gather all your medical records and any other relevant documents. You will need to show that the harm caused was directly linked to potential negligence during your treatment.

At First Personal Industry, we work with expert lawyers who operate on a ‘No Win, No Fee’ basis, ensuring you get the support you need without financial risk. Call us at 0333 3582345 or contact us online and we can call you back at a time suitable for you.