Increased Vigilance During In Vitro Fertilization Can Help Prevent Numerous Errors That Physically and Financially Harm Patients
Millions of individuals and couples have turned to in vitro fertilization in order to help conceive children. According to the American Society of Reproductive Medicine, “In 2023, the number of babies born from IVF increased, rising from 91,771 in 2022 to 95,860 in the latest round of reporting and accounting for 2.6% of births in the United States. The total number of IVF cycles performed at the 371 reporting SART member clinics increased from 389,993 in 2022 to 432,641 in 2023.” But negligence on the part of fertilization clinics routinely exposes patients to serious harms.
Analysis of Malpractice Lawsuits
One analysis of malpractice lawsuits found that many instances of harm were largely preventable. According to Fertility and Sterility, “In vitro fertilization malpractice claims are varied, with the most common issues involving embryology laboratory processes and genetic testing errors. Some errors may be avoidable with increased vigilance and implementation of stringent laboratory and clinical guidelines.” There were certain periods when the bulk of errors were likely to occur.
- Egg retrieval
- Embryo handling
- Embryo transfer
- Fertility medication administration
- Genetic testing
There were 447 cases identified in the study. An estimated 45% of all of the malpractice claims involved embryology errors. Another 20% involved errors during pre-implantation genetic testing. Part of the problem is that different clinics have different standards. Some clinics rely on hand labeling genetic materials, while others use technology to identify genetic materials.
Liability for Errors During In Vitro Fertilization
Fertility clinics have a legal obligation to protect embryos from harm. If they fail to do this, they can be held accountable through a malpractice claim. Medical malpractice occurs when a patient is injured or killed by a doctor’s or hospital’s deviation from the applicable standard of care. Several actions (or lack of action) may be considered malpractice during the in vitro fertilization process.
- Clinics may implant the wrong embryo into a patient.
- Clinics may fail to detect a genetic disorder after failing to conduct preimplantation genetic testing.
- Clinics may accidentally destroy embryos due to improper storage or handling.
- Clinics may use eggs or sperm that are improperly thawed.
There is no single standard of care for any healthcare field. However, a doctor’s or hospital’s standard of care is met when a doctor or hospital with an equivalent skill set would have followed the same procedures and guidelines under identical circumstances.
Getting Legal Help for Malpractice During In Vitro Fertilization
We at GLK Law extend our best wishes to all of the families who have been impacted by medical malpractice during in vitro fertilization. Individuals and couples sacrifice an enormous deal by going through in vitro fertilization. It can be absolutely devastating when malpractice robs someone of their chance to become a parent.
Have you or someone that you care about been the victim of medical malpractice during in vitro fertilization? You may have legal recourse. Our team of personal injury attorneys is here to help in any way that we can. We are committed to getting malpractice victims justice and holding fertility clinics accountable. Whether you just have legal questions or need any type of assistance, we are here for you. You can reach out to us anytime at (516) 908-9792.
