There are, obviously, no guarantees with any form of fertility treatment, certainly no guarantees for a successful pregnancy. Fertility specialists and clinics offer the hope of conceiving a child through any one of many methods, some proven, some experimental.
People who yearn for a child happily sign up for that hope and are doing so in record numbers . . . because it’s worth it. It’s worth the expense (that’s seldom covered by health insurance); it’s worth the stress, the anxiety, and the sometimes exhausting and repetitious procedures.
Even without a guarantee of success.
There are, however, guarantees in the process: that you will receive the best of care, paperwork will be handled to exacting standards, procedures will be explained in full – including the risks – and carried out under the same standards as any other medical treatment.
In short, fertility specialists and clinics are held to the same standards of medical care as any other medical specialty and institution. Fertility patients are owed the same duty of care as every patient undergoing any type of treatment or undergoing any type of procedure.
Like any medical treatment or procedure, mistakes can be made. Mistakes in paperwork that result in misdiagnosis or worse; mistakes in method of treatment; mistakes the treatment itself and/or prescribed drugs; mistakes during and after procedures.
Many of those mistakes may have long term consequences.
When mistakes occur, remedies may be found through the courts. Forrest McPadden has recently seen an increase in cases arising from errors that occurred in the course of fertility treatment.
Please do not wait to contact us. The minute a serious injury or wrongful death occurs the ‘legal clock’ begins to tick down. There are many other practical considerations in preceding as quickly as possible in pursuing a case.
Call us, let’s talk about what you need.
Some of those cases involved one or more of the following:
- Birth defect
- Misdiagnosis resulting in the wrong treatment course
- Lost embryos
- Lost sperm samples
- Damaged frozen eggs
- Destroyed samples
- Fertilization with the wrong samples
- Spoiled specimens
- Improper use of sperm including use without consent
- Implantation mix ups
- Sexual assault
- Medication errors
- Physical injury during a procedure
This is hardly an exhaustive list of the negligence and medical malpractice that can arise during infertility treatment.
This is a relatively new area of the law and can be highly complex. Forrest McPadden has been and will continue to be, on the cutting edge of this always challenging subject.
For our clients and the many legal professionals who look to Forrest McPadden for assistance.
We are quite literally writing the book on fertility clinic litigation, look for a publication announcement at the end of 2020.
If you or a loved one have suffered harm while undergoing fertility treatment, please call us as soon as possible for a no-cost consultation. We will explore what happened, outline the possible remedies and give you a realistic appraisal of your chances for financial compensation.