Fertility clinic malpractice can be emotionally and financially devastating. An IVF attorney can help you pursue a lawsuit for damages.
Fertility clinic malpractice refers to instances where a fertility clinic, its staff, or medical professionals involved in fertility treatments engage in negligent or improper conduct. This negligent conduct may lead to harm, injury, or negative outcomes for patients seeking fertility assistance.
Oftentimes, couples who are pursuing fertility treatments are those who have tried to have children naturally for years. When medical malpractice occurs in these situations, it can be especially devastating. You may not know what to do or who to turn to. You may not even know that you have legal rights that entitle you to financial compensation when you are injured or harmed by a medical professional.
If you or someone you know has been harmed by a medical professional at a fertility clinic, you may be able to bring a lawsuit for damages. Contact Joe Lyon and the IVF malpractice attorneys at The Lyon Firm online or by calling our offices at (513) 381-2333.
What Damages Can a Fertility Lawyer Help Me Obtain?
IVF (In Vitro Fertilization) is a relatively common medical procedure used to help individuals or couples with fertility challenges conceive a child. During IVF, an egg and sperm are combined outside the body in a laboratory dish to create an embryo.
The resulting embryo is then implanted into the uterus to establish a pregnancy. IVF is a common assisted reproductive technology and has been successful in helping many people achieve pregnancy when natural conception is challenging.
Unfortunately, negligence or improper conduct by fertility clinics does occur. When it does occur, healthcare providers or medical professionals can be held responsible for the harm, injury, or negative outcomes they have caused individuals seeking fertility treatments.
Damages available in an IVF malpractice lawsuit may include:
Medical expenses: You may be able to recover compensation for the costs of the IVF procedures, including any additional medical expenses incurred due to malpractice.
Emotional damages: Your attorney can help you pursue damages for the emotional pain and suffering caused by the malpractice, including the distress associated with failed or compromised IVF treatments.
Pain and suffering: Pain and suffering damages intended to compensate the individual for physical pain, emotional suffering, and the overall impact on their quality of life. You may be able to pursue these damages in your fertility lawsuit.
Child-rearing costs: If the malpractice results in the birth of a child with special needs or medical conditions, damages may be sought to cover the costs associated with raising a child with those specific needs.
Punitive damages: In cases where the malpractice involves intentional misconduct or serious negligence, punitive damages may be awarded by the court. Punitive damages are meant to punish the responsible party and deter similar behavior in the future.
Specific damages available in an IVF malpractice case can vary by jurisdiction. Each case is unique and will require care and close attention. Consulting with an experienced medical malpractice attorney is important. Your attorney can help you understand the potential damages relevant to your situation and help you pursue fair compensation.
The Centers for Disease Control (CDC) has conducted many studies on fertility treatments. Medical malpractice in fertility treatments can, unfortunately, happen to both men and women. Both men and women should be aware of this and know that if they are harmed by a medical professional while seeking treatment, they may be able to pursue a lawsuit.
Proving damages in a medical malpractice case often requires testimony from fertility doctors or medical professionals who can assess the extent of the harm caused by the malpractice. Attorneys who have handled IVF lawsuits before will know exactly what type of testimony is needed and how to give your case the best chance of success.
In an In Vitro Fertilization (IVF) malpractice lawsuit, the damages that can be pursued typically depend on the specific circumstances of the case and the harm caused by the malpractice. Contact The Lyon Firm online or by calling our medical malpractice team at (513) 381-2333. We are standing by to help you take the first step in the legal process.
How Can an IVF Lawyer Help Me?
An IVF lawyer can provide valuable assistance in various ways to individuals or couples navigating fertility treatments. If disputes arise with the fertility clinic, donors, surrogates, or other parties involved, an IVF attorney can help negotiate and resolve conflicts. Your attorney can potentially help you avoid the need for expensive litigation
Your attorney can even help you when you begin your fertility journey. Fertility clinics typically require patients to sign various contracts, including consent forms, agreements, and financial arrangements.
An IVF attorney can review these documents, ensuring that your rights are protected and explaining any legal implications. An attorney can provide legal advice tailored to your specific situation. They can explain relevant laws, regulations, and contractual obligations associated with fertility treatments.
If you have experienced harm or have been injured while seeking treatment for fertility, an attorney can evaluate your case. Some injuries that may be considered fertility medical malpractice include:
Misdiagnosis: If a healthcare professional incorrectly diagnoses the cause of infertility, leading to unnecessary or ineffective treatments, you may be able to bring a lawsuit.
Medication errors: Administering any incorrect dosages of fertility drugs that result in adverse effects may be grounds for a fertility lawsuit.
Lack of quality control: If there are inadequate quality control measures in the laboratory, resulting in errors during sperm or egg handling, fertilization, or embryo culture, you may be able to bring a lawsuit. In one such incident, 4,000 embryos at an Ohio fertility clinic were lost when a storage tank malfunctioned.
Doctor or staff misconduct: This type of harm includes unprofessional conduct or inappropriate behavior by fertility clinic staff that causes emotional distress or harm to patients.
Failure to screen sperm donors properly: Inadequate screening of sperm or egg donors, can lead to the transmission of genetic or hereditary conditions. In these instances, a lawsuit may help you recover damages for losses.
Fertility medical malpractice cases are complex, and each case is unique. To establish a claim, it’s typically necessary to show that the healthcare provider or fertility clinic deviated from the accepted standard of care, and this deviation resulted in harm to the patient. If you suspect fertility medical malpractice, seek legal advice from an experienced IVF malpractice attorney.
Contact the Fertility Malpractice Lawyers at The Lyon Firm
For those who are experiencing fertility issues and have been harmed while on the journey to parenthood, a fertility attorney can help. At The Lyon Firm, we understand the legal and emotional complexities of fertility lawsuits. We are here to handle your case and make sure that you receive the financial compensation you are legally entitled to.
It is important to remember that there is no set amount of damages for a fertility malpractice case. Damages can only be determined after a close and careful evaluation of your case and the specific harm you have experienced.
The potential value of the lawsuit depends on the specific details of your situation. To get a more accurate estimate of the potential worth of your fertility lawsuit, consult with an experienced medical malpractice attorney. An attorney can assess the specific factors in your case, calculate damages appropriately, and provide guidance on the compensation you may be entitled to pursue.
Fertility lawsuits can be filed by various individuals depending on the circumstances. Individuals or couples who have experienced fertility-related issues due to medical negligence, misdiagnosis, or errors in assisted reproductive technologies may file lawsuits. In some cases, family members or partners may have legal standing to file lawsuits if they are directly affected by fertility-related issues.
Individuals who have utilized fertility drugs or hormone therapies may also be able to bring a lawsuit for damages. You may be entitled to compensation for any additional medical expenses incurred as a direct result of complications from fertility drugs or hormone therapies.
Consult with a fertility lawyer to determine the specific legal options and requirements based on your unique situation. Laws regarding fertility issues can vary, so seeking legal advice is important to understand your rights and potential grounds for a lawsuit.
If you believe you have experienced fertility clinic medical malpractice, you should first seek medical assistance. After you have been evaluated by a medical professional and you are safe, you may want to consider pursuing legal action.
You should try to keep a detailed and chronological record of your experience. Include dates, events, and any symptoms or complications you’ve encountered. This information may be valuable in building a case.
If you want to pursue legal action, schedule a consultation with an experienced medical malpractice attorney who has previously handled fertility clinic cases. Your attorney can evaluate the details of your situation and guide you on the potential merits of a malpractice claim. They can also help you understand your legal rights in these complicated situations.
Before filing a lawsuit, be aware of the statute of limitations. The statute of limitations sets a time limit within which a lawsuit must be filed. In Ohio, the statute of limitations for medical malpractice cases is generally one year from the date of the alleged malpractice. Depending on the circumstances, it may also be one year from the date the patient discovered the injury.
Remember that fertility clinic malpractice cases can be complex. The guidance of a knowledgeable attorney can be the difference between winning and losing your case. An attorney can guide you through the legal process and help you pursue fair compensation for any harm or injuries you’ve experienced.
Contact The Lyon Firm online or by calling (513) 381-2333. We are here for you and are standing by to help you begin your lawsuit for damages.
A Voice for Those who have suffered
Why are these cases important?
When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties. Medical malpractice lawsuits improve the quality of healthcare by holding physicians and hospitals responsible when they fall below a professional standard of care.
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law.
FAILURE TO DIAGNOSE BOWEL OBSTRUCTION
(Cincinnati, Ohio): Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley. The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.
FAILURE TO DIAGNOSE BREAST CANCER
(Cincinnati, Ohio): Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged future accountability.