Advancements in reproductive technology have made in vitro fertilization (IVF) and related fertility treatments more accessible and effective than ever before. However, when clinics, laboratories, or manufacturers involved in the fertility process fail to uphold their duty of care, the consequences can be devastating. Embryo loss due to negligence is not only emotionally traumatic but may also be grounds for legal action.
At Sauder Schelkopf, we believe patients deserve to be fully informed of their rights and protections when medical errors or defective products result in the loss of embryos.
What Is Fertility Negligence?
Fertility negligence refers to situations where healthcare providers, labs, or medical product manufacturers breach the standard of care in fertility treatment. This can occur at any stage of the process — from egg retrieval to embryo transfer or storage — and may result in failed treatments, embryo loss, or long-term harm.
Common examples include:
- Improper storage of embryos, eggs, or sperm (e.g., tank malfunctions, temperature control failures)
- Use of defective medical products such as embryo culture media or lab equipment
- Mishandling or mislabeling of genetic materials
- Failure to monitor and maintain cryogenic storage
- Communication errors resulting in implantation of the wrong embryo
Legal Rights of Affected Patients
If you’ve experienced the loss of embryos or other harm related to fertility treatment due to suspected negligence, you may have legal options. Depending on the circumstances, you may be entitled to compensation for:
1. Emotional Distress
The loss of embryos is a deeply personal and emotional event. Courts may award damages for mental anguish, grief, and emotional suffering caused by the negligence.
2. Medical Expenses
You may be able to recover the costs of fertility treatments, medications, and related procedures that were compromised by negligent conduct.
3. Loss of Reproductive Opportunity
Legal claims may include damages for the lost opportunity to conceive — particularly in cases where embryos cannot be replaced, or further IVF attempts are unlikely to succeed.
4. Punitive Damages
In extreme cases involving gross negligence or reckless conduct, courts may impose punitive damages to punish the wrongdoer and deter future misconduct.
Proving Liability
To succeed in a fertility negligence claim, plaintiffs must typically demonstrate that:
- A duty of care existed between the patient and the responsible party
- That duty was breached by negligent actions or omissions
- The breach directly caused the loss or harm
- The patient suffered damages as a result
Evidence in these cases may include medical records, laboratory logs, correspondence with the clinic, and expert testimony.
Steps You Can Take
If you believe you’ve been affected by fertility negligence:
- Request your complete medical records from the fertility clinic or lab
- Document your experience in detail, including dates, names, and communications
- Avoid signing waivers or settlement agreements without consulting an attorney
- Speak to a qualified attorney with experience in fertility law and medical negligence
We’re Here to Help
At Sauder Schelkopf, we understand the emotional and legal complexity of embryo loss and fertility negligence cases. Our attorneys are committed to advocating for patients who have suffered from preventable failures in reproductive care.
If you have questions about your legal rights, contact us today for a free and confidential consultation.
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Sauder Schelkopf. Laws vary by jurisdiction, and the application of law depends on individual circumstances. You should not act or rely on any information in this post without seeking professional legal counsel. If you need legal assistance, please contact a qualified attorney to discuss your specific situation.