Fertility Clinic Malpractice Lawyer
Are you the victim of a fertility clinic malpractice event that left you with injuries and damages involving reproductive endocrinologists? The personal injury attorneys at Rosenfeld Injury Lawyers, LLC have years of experience helping the injured maximize their compensation.
Discuss your injury claim with a Chicago, IL medical malpractice attorney who will protect your rights and obtain financial compensation on your behalf. Contact our birth injury attorneys today at (888) 424-5757 (toll-free phone call) or use the contact form to schedule a free consultation.
Over the last few decades, many couples have delayed starting or expanding a family until they are older. Their decisions have increased fertility clinics' popularity, becoming significantly more prevalent in society than ever before.
In vitro fertilization (IVF) involves medical technology advancements for couples hoping to conceive, especially those with underlying health conditions making conception difficult. In some cases, the clinic provides the preservation of their patients' eggs and sperm or freezes their embryos for in vitro fertilization procedures later.
Usually, the fertility specialist can help couples and individuals with conception by prescribing specific medications or using advanced technology that assists in the reproduction process. According to CDC (Centers for Disease Control and Prevention) statistics, nearly 2% of all children born in America were conceived through in vitro fertilization or other assisted reproductive technology (ART).
Any failure to properly follow established protocols and procedures often results in a negative outcome through reproductive negligence.
Currently Available Fertility Treatments
Not only is fertility treatment expensive in Chicago, IL, but there are also significant risks associated with assisted fertility to couples who are emotionally vulnerable and desperately wanting to birth the child.
Typically, the individual or couple places their trust in experienced fertility specialists trained in using new technology that could include:
- In vitro fertilization (IVF) – This reproduction process collects the egg and sperm in a laboratory setting where they are fertilized and kept alive until the embryo is inserted into the mother's uterus.
- Embryo genetic testing (PGT) – Genetic problems that could lead to congenital disabilities (birth defects, including cerebral palsy), miscarriage, or implantation failure can be identified through PGT testing during the IVF (in vitro fertilization) process before transferring the embryo into the uterus.
- Intrauterine insemination (IUI) – Reproductive doctors collect the father's sperm to insert inside the mother's uterus while she is ovulating.
- Surgical sperm retrieval (TSAP) – Surgeons use a testicular sperm aspiration to retrieve sperm using local anesthesia.
- Intracytoplasmic sperm injections (ICSI) – Reproductive doctors inject sperm into the thick or hardened egg's outer layer to maximize conception potential.
Typically, the in vitro fertilization process involves the potential mother using a hormonal medication that produces multiple eggs during her reproductive cycle. During the process, at the right time, the fertility doctors will retrieve the woman's eggs to be inseminated with her partner's sperm and kept alive in a petri dish.
If fertilization occurs, the petri dish will contain one or more embryos that may be inserted into the woman's uterus a couple of days later during implantation, resulting in a successful pregnancy.
In some cases, fertilization involves a donor sperm or donor eggs by individuals who have undergone advanced screening. All people involved must have entered the program and signed a legal agreement concerning the donation of eggs or sperm.
Every couple or individual interested in fertility treatments should know of the risks of severe health defects associated with artificial insemination and other available reproductive processes. Fertility treatments can cause exposure to many risks for the mother and fetus, including the risk of a birth defect, miscarriage, or stillbirth.
Catastrophic problems caused by reproductive negligence can occur during childbirth that may injure the mother, the newborn, or both. For example, most women typically take dangerous fertility medications that could pose significant health risks to the expectant mother during pregnancy, labor, and delivery.
Children involved in the fertility process could suffer developmental problems after their birth. Additionally, injuries and disabilities at birth might result from medical malpractice by failing to provide an established standard of care.
Common IVF Errors
Additionally, fertility clinics mishandle embryo samples. The unintentional mishandling of viable embryos during the fertilization process causes life-altering problems, as does the negligent destruction of embryos kept in frozen storage.
The reproductive specialist can also implant the wrong embryo or fertilize the egg with the wrong sperm during the in vitro process. As a result, some couples wishing to give birth to one child have multiple births involving twins, triplets, or more.
In some cases, multiple births pose a significant health risk to the mother and newborns during pregnancy, labor, delivery, and afterward. Also, potential mothers are at significant risk of experiencing an ectopic pregnancy where the newly fertilized embryo implants outside the mother's Fallopian tube.
Other mothers suffer from ovarian hyperstimulation syndrome by producing many eggs due to the fertility treatment medication. In rare cases, the fertility-induced pregnancy may result in premature childbirth, low birth weight, or genetic disorder.
Any individual or couple suffering injuries from the care provided by fertility clinic doctors may be able to seek financial compensation through a medical malpractice claim.
A Chicago, IL medical malpractice attorney can ensure the victims received recovery compensation, including the fertility treatment cost, hospital expenses, medical bills, lost earnings, pain, suffering, and mental anguish when resolving a medical malpractice claim.
Fertility Clinics Mistakes Leading to Medical Malpractice
Human error is a common occurrence at fertility clinics that creates life-changing problems for the individual or couple paying exorbitant prices to expand their family. The clinic's specialists may misplace, switch, or destroy the samples.
The facility may follow unacceptable screening procedures when collecting egg and sperm donations. As a result, the fertility specialist may perform ART (assisted reproductive technology) improperly, leading to a congenital disability or injury.
In rare Chicago medical malpractice claims, the fertility clinic could face legal liability after destroying the couple's chances of ever having a baby entirely. In addition, their medical negligence may leave the mother or child with catastrophic injuries or death.
Even under the best circumstances, dealing with infertility in a reproductive clinic can be stressful. Repeated attempts using one or more fertilizing methods may not produce any offspring.
Couples and individuals hoping to get pregnant may spend thousands of dollars to take a chance on having the child, knowing that the processes are typically not covered by their insurance. In addition, infertility can create physical, emotional, mental, and financially draining trauma that may or may not produce a child.
Fertility specialists can cause catastrophic errors during the process due to medical negligence, producing adverse outcomes for individuals and couples wanting children. In some cases, a laboratory mistake may lead to a baby being fathered by an unidentified stranger.
Other times, their mistakes lead to severe health defects. Common problems associated with fertility clinics include:
- Birth defects (congenital disabilities)
- Lost embryo samples
- Damaged frozen eggs
- Prescribing the wrong prescription medication at any stage of the intrauterine insemination procedure
- Lost sperm samples
- Destroyed samples
- Fertilization using the wrong donor's egg or sperm
- Making an implantation mistake where the embryo is implanted in an ovary instead of in the Fallopian tube leading to an ectopic pregnancy and the potential loss of the baby
In vitro fertilization treatments can lead to severe harm and risks to both the mother and newborn. Before agreeing to fertility treatments, the doctor should explain every potential risk and do comprehensive diagnostic tests to ensure that both parents are suitable for intrauterine insemination (IUI).
Fertility Clinic Medical Malpractice Cases
In 2019, NBC released a report revealing the extent of a lack of regulations and oversight leading to mishaps and mistakes at in vitro fertilization (IVF) clinics. In one case, a couple of Asian descent in New York attempted to get pregnant for years before spending over $100,000 at a California fertility clinic to conceive.
The following year, the woman gave birth to two healthy boys who did not share their Asian heritage. There were indicators that something was wrong during pregnancy, including that the Asian couple had chosen female embryos, yet she was carrying twin boys.
The clinic responded that the sonogram used to identify the gender was incorrect. In addition, DNA studies using the couples' and babies' genetic material show that they were not related.
One law professor stated that the government only minimally regulates fertility centers. The professor stated no specific state law or federal law or professional guidelines on how specialists should label their samples, diagnose their clients, and handle eggs, sperm, and embryos during the fertilization process.
In a separate case, a New Jersey couple filed a civil lawsuit against a fertility clinic after DNA testing showed the mother delivered a baby from another culture. The Caucasian noticed that the child was developing Asian features at about two years of age.
DNA testing revealed that there was zero possibility that the husband had fathered his child. In time, the confusion and stress lead to the couple divorcing. The young child continues to get visitations from her non-biological father. However, she does not yet know the truth.
Diagnostic testing results revealed that the child has a blood disorder that neither the mother nor non-biological father carries. The divorced couple has sought help from the court that ordered the clinic to produce information on every sperm donor of Asian descent.
Chicago, IL Financial Compensation Medical Malpractice Claim
Victims may have grounds to file a civil lawsuit if the fertility clinic is negligent in providing reproductive assistance leading to harm or severe injuries to the newborn or mother. In addition, the family could recover financial compensation by filing and resolving a fertility medical malpractice lawsuit.
Reimbursement for all damages is a part of the victim's legal settlement to resolve a Chicago, IL, medical malpractice case.
In severe cases, the victims may get compensatory damages, including hospitalization costs, medical expenses, lost wages, pain-and-suffering, and punitive damages awarded by a jury to punish the defendant for egregious behavior.
Fertility Clinic Malpractice FAQs
A personal injury attorney representing the victims can build a case on federal, state, and local laws protecting victims suffering injury sustained from medical malpractice. A reputable attorney can answer questions about the law, the state's statute of limitations, and your time constraints on filing a case. Contact us if you have any questions.
Can I Sue My IVF Clinic?
Every patient expects to get the best medical care from a competent doctor or specialist trained to ensure their safety, health, and well-being. But, unfortunately, any couple or individual harmed by a fertility doctor or clinic's fertility negligence can submit a medical malpractice case.
You can also file a lawsuit if the fertility center destroyed your harvested embryos or lost sperm samples they were responsible for storing. Common errors committed by fertility centers potentially leave people without the possibility of ever birthing children or birthing children with severe health defects.
A medical malpractice lawsuit is based on personal injury tort law, meaning that the victim, or their experienced medical malpractice attorney, can prove their case by a preponderance of the evidence.
However, resolving the case will require due diligence to ensure you get an adequate monetary recovery for all your damages from the infertility clinic, fertility doctor, or other medical professionals.
When Should You Contact a Lawyer for Medical Malpractice?
Resolving a medical malpractice lawsuit is significantly more challenging than a personal injury case involving minimal damage caused in a car accident. A personal injury attorney specializing in medical malpractice must have a comprehensive understanding of tort law and build your case on available evidence.
The sooner you contact experienced malpractice fertility lawyers to handle your medical negligence case, the better. Your lawyer can gather evidence, including your medical records, defendants' depositions, interrogatories, and other documents required to negotiate an acceptable out-of-court settlement or present the case in front of a judge and jury.
How Many Times Does It Take for in Vitro Fertilization to Work?
Different processes have different success rates for in vitro fertilization to work. First, the specialist will fertilize the sperm and egg using conventional insemination or intracytoplasmic sperm injection.
In some cases, the doctors will recommend other assistive procedures before transferring the embryo, including assisted hatching and preimplantation genetic testing to minimize fertilization issues and identify genetic problems that may negatively impact the outcome.
Typically, it takes numerous times for IVF to be successful. Therefore, multiple inseminations could cost tens of thousands of dollars or more without any guarantee of success.
Medical professionals with a high success rate provide the best standard of care to ensure healthy labor and delivery. Conversely, pregnancy failure is often due to medical negligence by professionals not following established procedures or failure to properly diagnose any medical condition or injury that could disrupt reproduction.
What Drugs Are Used for IVF?
Many fertility medical facilities provide an array of prescription medications and over-the-counter vitamins and supplements to increase the potential for fertilization success. Some prescribed drugs are injected, and others are taken orally.
The prescribed fertility medication and the dosage ordered depends on certain factors, including the patient's age, stimulation protocol, and test results ordered by the IVF specialist or physician.
Drugs could help ensure the potential mother releases extra eggs every month for extractions or control infection to improve the odds of a successful outcome.
Some common prescription medications used by medical staff during fertility treatments, labor, and delivery include:
- Injectable gonadotropins to increase egg development in each cycle
- Human chorionic gonadotropin (hCG) to trigger mature egg release
- Follicle-stimulating hormone (FSH) to stimulate ovarian growth
- Gonadotropin-releasing hormone (GnRH) to increase fertile egg production chances
- Doxycycline to control bacterial infections
- Prenatal vitamins and folic acid to reduce congenital disability potential before, during, and after birth
Fertility doctors prescribe some medications that can produce severe reactions and injuries. Common problems involved in taking fertility drugs may include pelvic pain, diarrhea, weight gain, shortness of breath, stomach swelling or pain, swollen legs, hands, vomiting, nausea, or decreased urination.
What Does IVF Mean?
IVF (in vitro fertilization) has proven to be a helpful technique for families and individuals with fertility problems struggling to conceive, with a relative failure rate. During the IVF treatment procedure, medical professionals at the fertility center remove the woman's egg or multiple eggs from her ovaries for fertility treatments with sperm in a laboratory setting.
After fertilization, medical professionals at fertility clinics will insert the newly formed two- or three-day-old embryo into the mother's womb to complete the IVF procedure. A successful process will result in a typical pregnancy, delivery, and birth of the newborn about forty weeks later.
Hiring a Medical Malpractice Attorney to Resolve a Fertility Malpractice Claim
Have you or a family member suffered severe injuries from fertility clinic malpractice? Contact our medical malpractice attorneys today at (888) 424-5757 (toll-free phone call) to schedule a free and confidential consultation to discuss your situation. In addition, let us provide formal legal advice today concerning your reproductive harm.
Our experienced Chicago, IL fertility malpractice attorneys at Rosenfeld Injury Lawyers LLC can provide legal counsel for filing and resolving a personal injury compensation case.
Our law firm never charges a fee until we can secure a financial award for you in your case. In addition, any family that lost a loved one from a preventable death can file a wrongful death lawsuit to recover all damages, including medical expenses, lost wages, loss of future earnings, emotional distress, funeral/burial costs, pain, and suffering.
All confidential or sensitive information you share with our law office will create an attorney-client relationship to ensure your privacy. Also, our medical malpractice lawyer currently follows CDC (Centers for Disease Control and Prevention) Covid-19 guidelines on social distancing to maintain everyone's well-being.
Our Chicago, Illinois practice areas include workplace injuries, car crashes, premises liability, medical malpractice, nursing home abuse, product liability, and wrongful death. Our law firm currently represents injured clients throughout Illinois in Cook County, Dupage County, Lake County, Peoria County, Sangamon County, Will County, Winnebago County, Aurora, Chicago, Joliet, Schaumburg, and Waukegan.
- NBC News – Fertility Clinics Lack of Regulations and Oversight
- Infertility Treatment Options
- Mayo Clinic – The infertility Diagnosis and Treatment
The Chicago, Illinois Rosenfeld Injury Lawyers LLC law offices have years of experience winning multi-million dollar verdicts and settlements for our clients. Our Illinois firms' awards and recognitions include the Illinois Trial Lawyers Association, Super Lawyers, Lawyers Legion, and Lawyers of Distinction.