Understanding fertility clinic negligence claims

Understanding Fertility Clinic Negligence Claims

March 27, 2024 in Medical Malpractice | MARTIN WREN, P.C. | LEAVE A COMMENT

In the world of assisted reproductive technology (ART), fertility clinics play a pivotal role in helping individuals and couples achieve their dreams of parenthood. These fertility clinics have helped families that have struggled with fertility issues in a number of ways, including by the use of in vitro fertilization (IVF), intrauterine insemination (IUI).

Unfortunately, fertility clinics utilizing the in vitro fertilization (IVF) process can commit malpractice in a number of ways that crush the hopes of expectant families. Our firm has experiencing handling cases involving fertility clinic negligence arising out of the use of IVF.

There are different types of negligence that can arise in fertility clinics utilizing IVF, including the following:

1.Wrongful destruction of embryos. For a variety of reasons, fertility and IVF clinics may commit negligent acts that result in the wrongful destruction of embryos. This negligence can arise due to equipment failure, Cryotank malfunctions, or poor recordkeeping that results in mix-ups or confusion of patients.

2. Misdiagnosis of medical issues causing fertility issues. In the context of IVF clinics, medical negligence may include misdiagnosis of the reasons causing fertility issues, improper administration of medications, or failure to monitor patients adequately during treatment cycles. For example, if a clinic fails to properly screen a patient for underlying health conditions that may affect the success of IVF, it could be considered medical negligence.

3. Laboratory Negligence. The laboratory is the heart of any IVF clinic, where eggs and sperm are collected, fertilized, and monitored before embryo transfer. Negligence in the laboratory can lead to significant consequences, such as embryo mix-ups, contamination of samples, improper destruction of embryos, sperm, or eggs, or improper handling of genetic material. Instances of laboratory negligence may arise from inadequate training of staff, lack of quality control measures, improper use of or failure of equipment, or failure to adhere to established protocols for handling gametes and embryos.

4. Improper Fertilization. Nightmare scenarios have been known to occur when a couple’s eggs and sperm are misplaced, resulting in the fertilization of an egg by the wrong sperm. This type of negligence can be a form of battery when the mother’s eggs are improperly fertilized by the incorrect donor’s sperm. In addition, it would be malpractice for doctors to implant fertilized embryos into the incorrect patient.

5. Informed Consent Issues. Informed consent is a fundamental principle in medical practice, ensuring that patients have a clear understanding of the risks, benefits, and alternatives to a proposed treatment. In the context of IVF, patients must be fully informed about the procedures involved, potential risks, success rates, and alternatives such as adoption or donor gametes. Negligence related to informed consent may occur if patients are not provided with accurate information or if consent forms are incomplete or coercive.

Lauren M. Byrne

Lauren M. Byrne


In conclusion, negligence can occur in numerous ways within fertility clinics that offer IVF services, ranging from medical errors to laboratory mishaps, any of which can have devastating consequences for families. Patients who have suffered from this type of negligence and medical malpractice may have recourse by consulting with an attorney experienced in handling IVF and fertility negligence cases.

If you or your family have suffered harm due to fertility clinic negligence or malpractice, please contact experienced fertility clinic

negligence attorney Lauren M. Byrne at 434-817-3100 to discuss your options for seeking justice.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.


Disclaimer: Using this contact form or any page of MartinWren, P.C.’s website does not establish an attorney-client relationship.  Please do not submit any confidential, privileged, or other protected information until and unless you have completed a private consultation with a MartinWren, P.C. attorney, the attorney has informed you that no conflict of interest exists, and the attorney notifies you that the firm can take your case. By completing this form you agree that we can follow up with you by phone, email, or by text messaging.

    *Please enter your initials to acknowledge that you have read and understood the Disclaimer above:

    To schedule a free consultation with a personal injury lawyer, please call us at (434) 817-3100.

    latest firm news