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Console & Associates, P.C.: Finding Justice in Court After IVF Malpractice

Going through fertility treatment is a challenging, emotionally fraught process that involves all sorts of invasive procedures and medications. Despite the difficulty, the prospect of finally achieving pregnancy and having a new child can make it all seem worth it. That makes it all the more important that doctors do their job as well as possible, and it makes fertility clinic negligence all the more tragic. 


As our post on fertility negligence says, someone who believes they’re a victim of fertility negligence may have a legal claim against the clinic that treated them. The damages available can vary, depending on whether the negligence resulted in the failure of this pregnancy or permanently reduced their odds of successful conception. Either way, you’ll need a skilled IVF malpractice lawyer to help you form and win your case. If you suspect you’ve experienced any sort of fertility negligence, consider reaching out to the law firm of Console & Associates, P.C. at 866-778-5500.


Types of Fertility Treatments and Potential Malpractice


In normal cases, a fertility clinic will start with the least invasive option, which is fertility medication. There are various methods of action for fertility medications, but the most common types center on stimulating ovulation to help conception. In this stage, potential malpractice could center on preventable misdiagnoses and errors in prescribing medication. However, the more complex and invasive procedures often provide more serious occasions for malpractice. These include:

  • Intrauterine insemination (IUI)

  • In-vitro fertilization (IVF)

  • Surgery

In these cases, there are many types of potential malpractice. Manual errors during the procedures can cause them to fail, or even injure the patient. This is particularly true during surgical fertility treatment, which can involve widening veins in the groin or unblocking fallopian tubes. 

In the case of IVF, which requires fertilizing an embryo in a lab, malpractice can take many forms. The negligent destruction of sperm, eggs, or embryos is one type, but doctors sometimes implant embryos into the wrong mother. 


Suing for Reproductive Negligence


Fertility clinics and physicians hold a uniquely important place in the journey of would-be parents. As such, these people and institutions are held to high standards and can be found guilty in court if malpractice harmed your ability to conceive. 

Depending on the details of the case, you may be able to obtain damages for your expenses and emotional suffering. An experienced personal injury lawyer can evaluate your case and help you get the best outcome possible. 

One of the most important steps to succeeding in an IVF malpractice lawsuit is to conduct it quickly. The longer you wait, the harder it can become to find evidence and get the result you want. Most states also limit these types of lawsuits to 2-5 years according to their local statutes of limitations. From there, it’s necessary to prove that the failure of the fertility procedure and other consequences were the result of malpractice and negligence. If you’re looking for further guidance, consider reaching out to the law firm of Console & Associates, P.C. at 866-778-5500 for a free consultation. 

About the Author
Richard Console
Posted - 09/27/2023