Undergoing fertility treatment is an emotional journey. And between the invasive procedures and medications, Assisted Reproductive Technologies can take a tremendous toll on a family, even when things go as planned. However, when a doctor’s or clinic’s fertility negligence negatively affects a family’s chances of conception, it is devastating. Most fertility doctors are highly skilled physicians who care deeply about their patients and do everything possible to ensure a successful outcome. However, fertility clinics are also incredibly busy and operate to generate as much money as possible, which can result in fertility mistakes that may impact a patient’s long-term chances of becoming pregnant.

As discussed in our previous post, individuals and couples who believe that their chances of conception were reduced due to fertility negligence may have a legal claim against the treating physician or fertility clinic. While fertility doctors cannot guarantee results, they should be able to guarantee a course of treatment that is carried out effectively and without any mistakes. When a doctor or clinic makes a fertility error that decreases a patient’s chances of conception, the provider should be held accountable for the impact their error had on the patient’s life.

What Are the Different Types of Fertility Treatments?

Given advancements in medical technology, an overall rise in income, and the trend to wait until later in life to have children, fertility clinics have become increasingly popular in the United States. However, while IVF, IUI and other fertility treatments have given many individuals and couples the chance to become parents, a startling number of patients have experienced IVF malpractice and other forms of fertility negligence. Those affected by fertility clinic errors understandably suffer tremendously in the wake of these mistakes, many of which are entirely preventable.

Fertility clinics rely on various techniques and procedures to increase the chance of conception. Some of the most common fertility treatments include the following:

Fertility Medication

The general approach to fertility treatment is to start with the least invasive option first, which in many cases, involves prescribing a patient fertility medication. There are many different types of fertility medication, most of which are intended to regulate or stimulate ovulation. Some of the most commonly used fertility drugs include clomiphene citrate (Serophene, Clomid), gonadotropins (Menopur, Gonal-F, Ovidrel), metformin (Glucophage, Riomet, Glumetza, Glucophage XR, and Fortamet), Letrozole (Femara), bromocriptine (Parlodel, Cycloset).

Intrauterine Insemination

Intrauterine insemination (“IUI”) is a process in which fertility doctors collect sperm and place it directly inside a woman’s uterus to increase the chances of fertilization.

In-Vitro Fertilization

In-vitro fertilization (“IVF”) describes a complex process in which collected sperm and eggs are sent to a laboratory that fertilizes the egg with the sperm. From here, the fertilized egg is placed directly into the uterus. A woman undergoing IVF must usually take medication to increase the chances of successful implantation.

Surgery

A variety of surgical interventions are available for both men and women, depending on the reason for a couple’s infertility. Common fertility surgeries include widening veins to facilitate sperm movement or clearing blocked fallopian tubes.

What Are the Most Common Examples of Fertility Negligence?

Fertility treatment is at the cutting edge of medical technology. And while the methods fertility clinics use range in complexity and invasiveness, they all generally require a skilled physician and sophisticated medical equipment. Given the very small room for error, even the smallest mistake can have disastrous consequences on a couple’s chances of conception. Some of the most common fertility treatment errors include the following:

• Misdiagnosing the reason for infertility;
• Medication errors,
• Failing to obtain a patient’s informed consent for a medical procedure;
• Implanting fertilized embryos in the wrong patient;
• Surgical errors that reduce the future chance of conception;
• Destruction of reproductive tissue;
• IVF errors,
• Lost eggs, embryos or sperm;
• Negligent destruction of eggs, sperm or embryos; and
• Cryotank malfunctions resulting in lost embryos.

While there is significant uncertainty when undergoing fertility treatment, when a clinic commits fertility negligence, the result can be devastating to families.

Can I Sue for Reproductive Negligence?

Fertility clinics and physicians are held to a high duty of care, and in the event that a practice’s reproductive negligence negatively impacts your ability to conceive, the practice may be financially liable. Of course, every case is different, and just because a doctor was unable to achieve a successful outcome doesn’t mean that they committed fertility negligence. However, an experienced fertility malpractice lawyer can assist patients by reviewing their cases to determine whether the provider was negligent and, if so, what financial damages may be available.

How Long Do You Have to File a Fertility Negligence Lawsuit?

Fertility malpractice cases are considered a type of personal injury case. Each state has its own personal injury statute of limitations, which outlines the amount of time a patient has to bring a case. While state laws vary, as a general rule, patients have between two to five years to initiate a case against a negligent fertility clinic. However, there is nothing to be gained by waiting to discuss your case with an IVF malpractice lawyer. In fact, the longer you wait to begin the process, the harder it may be for your lawyer to locate the evidence that you’ll need to prove your case.