For many, having children of their own is an important part of the passage of life. Some women dream of having children in the future when they are still children themselves, so hearing the news that they have low fertility can be a traumatic experience. Let alone experiencing fertility negligence during such a vulnerable period in their lives. If you believe that you have suffered from fertility negligence and are thinking of starting a medical negligence claim, this guide is for you.
Key Takeaways
- This type of medical negligence can happen in both public and private fertility clinics.
- Fertility harm can involve physical and psychological damage, as well as significant impacts on relationships and finances.
- You will typically have 3 years from the date you suffered the harm or from the date of knowledge to start a fertility negligence claim.
- Fertility negligence can range from the wrong embryo being used to delayed treatment.
- Here at Medical Negligence Solicitors UK Co, we offer a No Win No Fee funding option.
If you have any burning questions, get in touch using the contact information below so we can get the answers to you without delay.
Contact Us
-
- Call us on 0330 123 0546
- Claim online
Frequently Asked Questions
- What Is Meant By IVF And Fertility Negligence?
- How Might Negligent Fertility Or IVF Treatment Happen?
- Can I Make A Compensation Claim For Fertility And IVF Medical Negligence?
- How Much IVF Or Fertility Negligence Compensation Could I Get?
- What Do I Need To Prove IVF Or Fertility Negligence?
- Is There A Time Limit To Claiming For Negligent Fertility Treatments?
- Can I Make No Win No Fee Fertility Negligence Claims?
- Medical Negligence Solicitors UK Co Women’s Health Guides
- Learn More
What Is Meant By IVF And Fertility Negligence?
IVF and fertility negligence is a form of medical negligence in a fertility clinic or other healthcare setting. The catalyst of fertility negligence is substandard medical care, which causes avoidable or unnecessary harm to the patient seeking treatment.
Call us or contact us online for free so that we can discuss IVF and fertility negligence with you in greater detail.
How Might Negligent Fertility Or IVF Treatment Happen?
We’ve provided some examples of how negligent fertility or IVF treatment might happen below:
- Laboratory Mix-ups – Embryos or sperm getting mixed up, improper storage or loss of sample
- Surgical Errors – Surgical errors during egg or sperm retrieval
- Medication Errors – Medication mistakes, such as incorrect dosages or unsuitable drugs
- Delayed or Misdiagnosis – Failure to diagnose conditions affecting the patient’s fertility
These negligent actions can happen in both public and private fertility clinics and can result in physical and psychological harm, damaged relationships and financial strain.
If one of these circumstances has happened to you, we want to help you. Get in touch with our team, who will talk you through what happens next.
Can I Make A Compensation Claim For Fertility And IVF Medical Negligence?
Yes, you can make a compensation claim for fertility and IVF medical negligence. However, you will have to satisfy specific eligibility requirements in order for your fertility negligence claim to be valid. Don’t worry, we’ve provided the eligibility criteria below for you:
- A medical professional, such as a gynaecologist, owed you a duty of care
- They breached this duty
- This breach caused you to suffer avoidable or unnecessary harm
The important thing we want to reinforce is that all medical professionals, including gynaecologists and obstetricians, legally owe you a duty of care as soon as they agree to treat you as one of their patients. A duty of care within medical and healthcare settings involves providing a minimum standard of care.
Just so you feel confident about what this standard of care can look like, we’ve provided you with an example:
- An embryologist must handle eggs, complete fertilisation procedures, and perform genetic testing correctly at all times. This ensures the safety of both the patient and the embryo by providing the appropriate standard of care.
On the other hand, if the embryologist provided substandard care and you experienced avoidable or unnecessary harm, the medical professional may have breached their duty of care towards you, and you may have an eligible fertility negligence claim.
Importantly, fertility clinic negligence can happen at any time, including during diagnosis, the monitoring of systems and surgery.
Would you like us to tell you outright if you have an eligible fertility negligence claim? Contact an advisor today for a free consultation so the team can review your claim.
How Much IVF Or Fertility Negligence Compensation Could I Get?
The amount of IVF or fertility compensation you could get will vary depending on a few important details, for example, the type of fertility harm you have suffered, its severity, and the unique characteristics of the claim.
With that being said, we can provide you with averages via the Judicial College Guidelines (JCG), which is a publication containing an extensive list of instances of harm alongside the suggested compensation brackets based on claims settled in England and Wales. Medical negligence solicitors will often refer to the JCG in assisting them to calculate fertility negligence compensation for their clients, specifically, general damages. This will likely include your own solicitor.
When it comes to calculating general damages, your solicitor will consider:
- The severity of the harm
- The impact on your quality of life
- The presence of psychological damage, such as PTSD
- Whether you have undergone invasive treatment
- Whether you have suffered deformity or disfigurement
- Whether you will encounter any pain or suffering in the future
- Future fertility
To save you time in researching the JCG, we’ve provided a table containing a list of instances of harm from the publication. We’d like you to take note that the first row has not been sourced from the JCG, and this table is intended to serve as a guideline only, and not as confirmed compensation awards.
| HARM | SEVERITY | COMPENSATION GUIDELINE | NOTES |
|---|---|---|---|
| Multiple Serious Instances of Harm with Special Damages | Very Severe | Up to £250,000+ | Multiple serious instances of harm with special damages, including loss of wages and private treatments. |
| Reproductive System: Female | Infertility | £140,210 to £207,260 | The claimant will suffer from infertility and sexual dysfunction alongside severe depression and anxiety, pain, and scarring. |
| Sexual Dysfunction | £52,490 to £124,620 | The individual will suffer sexual dysfunction which will likely be permanent in the case of a person with children or who would not have had children in any event. | |
| Infertility with No Aggravating Features | £68,440 to £87,070 | This award covers infertility with no aggravating features and no sexual dysfunction in a young person without children. | |
| Infertility Without any Medical Complications | £21,920 to £44,840 | In this band the person will suffer from infertility without medical complications and no presence of sexual dysfunction and the individual in question already has children. | |
| Fertility Is Not Affected | £4,140 to £24,930 | The harmed person will have suffered from a delay in diagnosing an ectopic pregnancy; however, their fertility will not have been affected. | |
| Infertility Would Not Have Had Children | £8,060 to £22,800 | The claimant will suffer infertility; however would not have had children in any event, for example, due to their age. | |
| Failed Sterilisation Resulting in Unwanted Pregnancy | In the region of £12,450 | The individual will have suffered consequences of a failed sterilisation in the form of an unwanted pregnancy. However, there is no serious psychological impact or depression. | |
| Psychiatric Damage Generally | Severe | £66,920 to £141,240 | Several factors will be taken into account in this bracket ranging from the claimant's ability to cope with life to the extent that treatment will be successful. |
| Post Traumatic Stress Disorder | Moderate | £9,980 to £28,250 | In cases such as these, the individual will have largely recovered and any continuing affects will not be grossly disabling. |
Can Special Damages Be Claimed In A Fertility Negligence Claim?
Yes, absolutely, special damages can be claimed in a fertility negligence claim. This is known as the second head of claim, and the incentive behind it is to compensate for any financial losses that you may have incurred. Specifically, as a direct repercussion of the harm you have experienced.
Please take a look at what financial losses can look like:
- Loss of wages
- Loss of future earnings
- Medical bills
- Care costs
- Travel expenses
- Adaptations to property
- Any other out-of-pocket expenses
If you have taken a look at this list and have come to the conclusion that your fertility harm has cost you money, you may be able to request special damages. However, you will need to provide your medical negligence solicitor with evidence to prove this. You can use the following as evidence: payslips, invoices and receipts.
Utilising special damages to recover from financial hardship is crucial, and we’re here to help you secure this. Contact us for free to get the ball rolling.
What Do I Need To Prove IVF Or Fertility Negligence?
To prove IVF or fertility negligence, you will need as much evidence as possible to support your narrative that a gynaecologist or other medical professional is at fault. It’s important that you know that the evidence should cover specific bases, including showing both the extent of harm and the fact that a third party was at fault.
Notably, our solicitors will help you gather strong pieces of evidence to support your fertility negligence claim; however, in the meantime, they’ve provided some examples for you to consider. Please find those examples below:
- Medical documents: These will articulate a timeline of when you suffered the harm and any subsequent treatment you received
- Witness contact details: Our solicitors will use this information to collect witness statements on your behalf
- Photographs: Taking pictures of any visible harm you have suffered helps reinforce the extent of fertility negligence
- A personal account: A written record of what you have gone through in your own words provides a distinct narrative that medical records would not be able to articulate
As we’ve already mentioned in this section, our solicitors can assist you when it comes to gathering evidence. Give us a call to find out more.
Is There A Time Limit To Claiming For Negligent Fertility Treatments?
Yes, there is a time limit to claiming for negligent fertility treatments. This is called the limitation period, and it’s 3 years long from the date you suffered the harm or from the date of knowledge. This is outlined in a piece of legislation called the Limitation Act 1980.
The act also highlights specific exemptions to the 3-year time limit, and we’ve provided those exemptions below:
- An adult who lacks the mental capacity to file a claim on their own. The 3-year timer will start from the date of their recovery, if they ever regain their cognitive capacity
- A minor who is under the age of 18 and is too young to claim. The 3 years will begin from the date they turn 18, and they will have until their 21st birthday
If your loved one is a minor or a vulnerable adult and you believe they have a valid fertility negligence claim, don’t worry, you can claim on their behalf as a litigation friend. This is a legally appointed role where you will be responsible for all decision-making, representation, and communication with legal professionals. You would also be required to prioritise the protected person’s best interests at all times.
The important thing to remember is that, as a litigation friend, you would be able to claim on the protected party’s behalf whilst the time limit is paused. To find out more about time limits or how to become a litigation friend, contact us for free, and our friendly team will be happy to help.
Can I Make No Win No Fee Fertility Negligence Claims?
Yes, you can make No Win No Fee fertility negligence claims with us here at Medical Negligence Solicitors UK Co. Our No Win No Fee medical negligence solicitors offer this funding option via a Conditional Fee Agreement, so you can pursue fertility negligence compensation with confidence.
CFAs come with several significant benefits. Firstly, you won’t pay for solicitors’ fees if your claim fails or if it is in progress. Moreover, you won’t be caught off guard by having to pay for any upfront solicitors’ fees.
If your fertility negligence claim has a positive outcome and wins, you will pay a success fee for the work your solicitor has contributed. Don’t worry, this is taken from your compensation and as per the Conditional Fee Agreements Order 2013, the percentage is limited by the law.
Furthermore, if you decide to work with us, our solicitors will also grant you access to a robust range of support services. We have selected a few services to show you below, so we can offer you a preview of what we have to offer. We will:
- Calculate a compensation figure which is fair and reflects the fertility harm done
- Evaluate how strong your claim is and let you know how likely it is to win
- Draft the Letter of Claim to begin the fertility negligence claim process
- Liaise with the defendant’s solicitors and keep you in the loop at all times
As previously acknowledged, this list is certainly not exhaustive, and we’re excited to talk to you about what other services we could provide you with if you decide to work with our solicitors. Use the contact information below to find out more:
Contact Our Solicitors
- Call us on 0330 123 0546
- Claim online
Medical Negligence Solicitors UK Co Women’s Health Guides
We’d like to introduce you to several of our other guides on Women’s Health:
If you have any questions about fertility negligence claims, please contact our team of fertility negligence specialists today. We are available 24/7 and are always happy to help.
Learn More
You can view some of our clinical negligence claims here:
- Have you suffered complications with your placenta, and it wasn’t your fault? Read our guide on retained placenta compensation.
- Has your child developed cerebral palsy because of a medical professional’s negligence? Read our guide on cerebral palsy claims.
- Has a negligent act hurt your child? Read our guide on child medical negligence claims.
We have also included these external resources for additional information:
- Learn about miscarriages and what can happen afterwards from the NHS.
- Find out more about your doctor from the Royal College of Obstetricians and Gynaecologists.
- Explore this article on learning from avoidable brain injuries at birth from NHS Resolution.
Thank you for taking the time to read our guide on fertility negligence. We hope you have found it useful.