How To Sue For Fertility Negligence Compensation

In order to sue for fertility negligence compensation, you need to demonstrate that the fertility specialists committed a negligent act which caused you to suffer from avoidable harm. All medical professionals, including fertility specialists, have a duty of care to maintain the expected standards towards their patients.

Therefore, the eligibility criteria for fertility negligence claims are as follows:

The fertility specialist had a duty of care towards you.
They breached this duty by failing to uphold professional standards.
Due to this breach, you suffered from unnecessary harm.

Do you think you have a valid claim? Contact our advisors now to determine the eligibility of your claim and to discuss how to sue for fertility negligence.

What Are Some Examples Of Medical Negligence In Fertility Treatment?

Some examples of medical negligence in fertility treatment include the use of faulty equipment, delayed diagnosis or misdiagnosis of ectopic pregnancy, mixing up of embryo or sperm and error in storage of ovum or sperm. We will now explore these examples in more detail:

Use Of Faulty Equipment

Using a faulty machine or equipment during the IVF or fertility treatment process may damage the sperm or egg samples stored.

For Example: A malfunctioning incubator leads to embryo samples getting destroyed.

Delayed Diagnosis Or Misdiagnosis Of Ectopic Pregnancy

An ectopic pregnancy occurs when a fertilised ovum gets implanted outside the womb. This usually happens in the fallopian tubes and if undiagnosed, can cause the mother to suffer from infection, sepsis and even death. A delay in diagnosing an ectopic pregnancy can occur if no proper checkups or scans are conducted when presenting to medical professionals with symptoms that might suggest such a condition.

On the other hand, due to an overlap of symptoms, an ectopic pregnancy may be misdiagnosed as a miscarriage. This is extremely dangerous since any residue of the foetus may lead to sepsis or the bursting of a fallopian tube.

Mixing Up Of Embryo Or Sperm

A doctor may mix up the sperm sample, leading to the child being born to a different biological father. This error can lead to lifelong psychological trauma for both families involved.

Therefore, it is essential to ensure proper labelling and storage of samples.

Error In Storage Of Sperm Or Ovum

It is essential to ensure that all samples are stored in secure locations at the correct temperature to prevent contamination, loss, or destruction. Failure to do so can increase the chance of failed IVF cycles, which causes a higher financial and emotional load on patients.

Additionally, to prevent deterioration of quality, all samples must be stored for no more than 10 years and then destroyed. If this requirement isn’t complied with, it can lead to an increased chance of failure for the patients.

Have we missed an example like yours? Call our advisors now to discuss your case and learn how to sue for fertility negligence.

Fertility Negligence Injuries That Might Be Sustained

Some examples of the fertility negligence injuries that might be sustained include nerve damage, ectopic pregnancy, miscarriage and psychological injuries. We will explore these in detail, along with some other examples:

Nerve damage: This can occur due to incorrect surgical techniques or repeated invasive procedures, leading to pain, numbness, or loss of sensation.
Ectopic pregnancy: A delay in diagnosis can cause infertility, sepsis and even death.
Miscarriage: Negligent embryo transfer or a failure to detect early maternal infections may increase the chance of miscarriage.
Psychological injuries: A failed IVF cycle or miscarriage, or any loss of reproductive opportunity, can lead the client to feel depressed or anxious.
Hormonal imbalance: Incorrect dosage or medication could lead to hormonal imbalances and other reproductive issues.
Ovarian hyperstimulation syndrome: Due to extended IVF treatment or exposure to hormonal injections, the ovaries may become enlarged and cause rapid weight gain, nausea and blood clots.

Did you suffer from fertility negligence in a hospital? Call our team now to learn how to sue a hospital for fertility negligence.

What Fertility Medical Negligence Compensation Could Be Awarded?

The fertility medical negligence compensation that can be awarded depends on the extent of the harm caused, the pain suffered and the financial consequences.

Medical negligence solicitors usually calculate the compensation for your pain and suffering or general damages through the Judicial College guidelines (JCG). These guidelines provide a list of illnesses and complications, along with the corresponding compensation ranges that may apply.

The table below provides a list of some of the JCG figures that may be applicable to fertility negligence claims. However, the top row figures aren’t from the JCG, and this table is just meant to provide guidance.

Injury	Compensation Guidelines
Multiple Severe Injuries and Special Damages- Numerous psychological and fertility complications with therapy, extended treatment and inability to work.	Up to £500,000+
Female Reproductive System - Severe (a)- Infertility, scarring, pain and sexual dysfunction	£140,210 to £207,260
Female Reproductive System- Severe (b)- Ectopic pregnancies, multiple surgeries, sexual dysfunction in somebody who wouldn't have had children	£52,490 to £124,620
Female Reproductive System- Severe (c)- Young person with no children suffers only from infertility without sexual dysfunction	£68,440 to £87,070
Female Reproductive System- Severe (d)- Person who already has children suffers from infertility without sexual dysfunction.	£21,920 to £44,840
Post- Traumatic Stress Disorder- Severe (a)- Unable to work or function like before.	£73,050 to £122,850
Post- Traumatic Stress Disorder- Moderately Severe (b)-Scope of recovery with professional help but significant disability.	£28,250 to £73,050
Post-Traumatic Stress Disorder- Moderate (c)- No disabling effects and a large recovery	£9,980 to £28,250
Post-Traumatic Stress Disorder-Less Severe (d)-Only minor symptoms remain and there is virtually a full recovery within a year or two.	£4,820 to £9,980

You can glance through our list of compensation payouts to find out how to sue for fertility negligence in such a way that you receive a fair compensation amount.

Would Special Damages Be Awarded For Fertility Negligence?

Yes, special damages may be awarded for fertility negligence if your claim is successful and you provide evidence of out-of-pocket expenses, such as invoices and bank statements. This head of fertility negligence compensation deals with financial losses, such as:

Private medical costs, including further surgery.
Counselling and physiotherapy for rehabilitation.
Cost of travelling to various appointments.
Professionals hired to clean the house and look after your child while you recuperate.
Loss of earnings due to time taken off work.

Contact our team now to find out how to sue for fertility negligence to include special damages.

We are here to help you

Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.

Call us on 0800 408 7827 Start your claim

What Do I Need To Sue For Fertility Negligence Compensation?

In order to sue for fertility negligence compensation, you need to collect supporting evidence and be aware of the time limit applicable. Both these steps are essential to ensure that you receive a fair fertility negligence payout.

Some examples of the evidence you could present include:

Copies of your prescriptions, medical reports and GP’s notes to detail the harm you’ve faced.
Contact details of the person who was in the hospital with you. This will help your medical negligence solicitor to contact them for a witness statement.
Photographs of scars or other visible harm.
X-rays, ultrasound and other scans to highlight the diagnosis you received.
Bank statements, payslips and other financial evidence to showcase your loss of earnings.

As far as time limits are concerned, the Limitation Act 1980 grants 3 years to start fertility negligence claims. This usually commences either from the date of treatment or the date of knowledge (the date that you first connected the harm suffered to substandard care).

You can read more about how to sue for fertility negligence within the limitation period and the exceptions that may apply. Please contact our team for any questions or concerns.

How To Sue For Fertility Negligence On A No Win No Fee Basis

In order to sue for fertility negligence on a No Win No Fee basis, you need to contact our advisory team, who will assess the eligibility of your claim and then get you in touch with a No Win No Fee solicitor on our panel if your claim is valid. Your assigned solicitor will then offer a Conditional Fee Agreement (CFA) as the contract in which they provide a No Win No Fee service, which includes these terms:

You won’t be asked to pay solicitors fees at the start of your claim or as it progresses.
In the unfortunate event that you lose your claim, no charges towards solicitor’s fees.
If your claim is successful, you will pay a success fee, which is a small percentage of your compensation. We assure you that it is only a small percentage, as a legal cap is in place to ensure that you retain the majority of your compensation.

The fertility negligence solicitors on our panel also offer the following services:

Hands-on guidance on how to sue for fertility negligence and answers to all your questions.
Assistance in collecting strong evidence to benefit your claim.
Checking the correct time limit, especially if exceptions apply.
Negotiating with the fertility specialist or hospital to reduce your stress.
Calculating the potential compensation you deserve for the negligent fertility treatment.
Helping you to draft and pursue a written complaint against the IVF clinic or medical professional to support your claim.
Requesting interim payments on your behalf, if needed.
Preparing litigation documents if the claim goes to court.

Contact How To Sue

For more information on how a No Win No Fee solicitor on our panel would work, contact us now:

Call on 0800 408 7827.
Contact us online.
Speak to our advisory team online.

More Information

Here are some of our other guides:

Our guide on retained placenta negligence.
Information on suing for breast cancer misdiagnosis.
Details on suing a hospital for a birth injury.

For additional information, you can peruse the links below:

Government guidance on surrogacy in the UK.
Information from the NHS on vaginal bleeding during pregnancy.
Details from the NHS on trying to get pregnant.

Thanks for reading this guide on how to sue for fertility negligence. Please contact an advisor for additional assistance.

How To Sue For Fertility Negligence And Claim Compensation

IVF & Fertility Negligence – How To Sue

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