Fertility Treatment Negligence Claims refers to a situation where a person or couple takes legal action against their GP, Gynaecologist or some other health professional for medical negligence causing infertility.
When people hope to have a baby, one of the options which can be very effective is the fertility treatment option. While it has proven to be efficacious, there have been medical negligence infertility cases. These errors can cause long-term consequences affecting your ability to conceive, your wellbeing both physically and emotionally and the health of your child.
Infertility in clinical negligence cases is a serious issue which requires to be handled expertly by expert fertility malpractice lawyers.
The period of going through a fertility treatment can be a challenging, and anxious time for the person or couple. This is why any case of negligent treatment can prove to be very devastating. Although there are no guarantees that your fertility treatment will result in pregnancy, it is important that you feel assured that you are receiving the best quality of treatment from the fertility clinic.
Our medical negligence solicitors specializing in IVF & Fertility Treatment Negligence Claims are fully aware of the impact that medical negligence leading to infertility can have on parents, both emotional, financial and physical.
We also have some of the best gynaecology negligence solicitors in the UK who have the expertise to get you compensation that reflects the losses and damages you have suffered as a result of the negligent fertility treatment you received.
Therefore, if you believe that you received negligent treatment at a fertility clinic, you may be entitled to claim for fertility negligence. The compensation you receive for the harm or complications suffered can be essential to help you deal with both the physical and emotional impact of a negligent fertility treatment. It can also help you access further medical attention as may be required for your case.
Medical Negligence Direct solicitors are highly experienced in infertility compensation claims. We have a strong track record of securing hugely satisfying compensation amounts for our clients. No matter the complexity of your claims, we are able to build the strongest possible case for you and ensure you are well compensated.
Fertility Negligence Claims We Handle
- IVF Negligence Claims
- Infertility Compensation Claims
- Failed Vasectomy Compensation
Therefore, if you have received negligent treatment during any of the following
- Artificial Insemination
- Embryo Testing
- In Vitro Fertilisation (IVF)
- Intracytoplasmic Sperm Injection (ICSI)
- Intrauterine Insemination (IUI)
- Preimplantation Genetic Diagnosis (PIGD)
- Surgical Sperm Retrieval
Then we are able to assist you make medical negligence claims and help you claim compensation.
Medical Negligence Leading To Failed Fertility Treatment
Over the years, our fertility negligence solicitors have been able to find out some negligent treatment and mistakes that can lead to failed fertility treatment. They include;
- Loss or destruction of sperm or embryos
- Surgical negligence causing reduced fertility or other fertility complications
- Failing to screen donor sperm properly
- Failure to appropriately screen donor eggs or sperm
- Loss of or damage to eggs, sperm or embryos
Other circumstances that may result in an IVF & Fertility Treatment Negligence Claims include;
- Negligently using another person’s egg or sperm in the process such that the baby is not the natural child of both parents
- Implanting embryos into the wrong woman
- Mistakes in the storage of eggs and sperm leading to destruction or reduced chances of success
- Use of faulty equipment which damages eggs and sperm so that the IVF fertilization does not work
- Delayed diagnosis or misdiagnosis of ectopic pregnancies
- Ovarian Hyperstimulation syndrome (OHSS).
Proving Your Fertility Negligence Claims
When making a claim for fertility negligence, it is important to prove that negligence actually occurred. IVF & Fertility Treatment Negligence Claims are sensitive cases that require competent medical negligence solicitors to handle them. We must be able to demonstrate that the treatment you receive was substandard and that you have suffered as a result.
This means that we have to show that under the same circumstances, another medical professional would not have acted in the same way.
By this, we are trying to prove these two important points;
By liability, we show that the medical professional’s actions fell below acceptable medical standards. We show that the medical professional had a duty of care towards you but was negligent in his or her treatment towards you.
In proving causation, we have to show a direct link between the negligent treatment of the medical professional and the harm you suffered. This means that we need to show that the negligent action of the medical professional is the direct cause of your suffering, harm, complication, emotional trauma or other damages which you may have experience. If we are able to establish liability without demonstrating causation, then we have not successfully proven your case. Therefore, it is important to demonstrate both parts to win your case.
To do this we will require the following
- Full statements of what transpired
- Medical records, scans and test results
- Witness evidence
- Proof of financial losses
- Reports on the severity of injury extent of damage on your health after examination by independent medical experts
If you are not sure if the treatment you received at a fertility clinic was negligent, we will still be happy to discuss with you and run a no obligation free claim assessment. Our consultation sessions are free, we therefore encourage you to reach out to us soonest.
Fertility Treatment Negligence Claims Process
The process of making your fertility negligence claims involves the following steps
- Contact your lawyer for claims assessment
- Fund your claims
- Build your case by gathering evidence needed to prove your claim
- Contacting the relevant fertility clinic and submitting a letter of claim
- Establishing liability and further negotiations with the defendant
- Submitting your claim to a court of competent jurisdiction where negotiations failed to yield positive results
- Agreeing on a settlement fee after a successful case
- Payment of compensation fee
During the course of the claims process, we can also secure interim payments for you before the final settlement fee is agreed. The essence of this is so that you can have some financial aid to take care of pressing needs and access quality medical care which is vital towards your recovery.
Medical Negligence Compensation For Fertility Negligence
As with every of our hospital negligence claims, we cannot say exactly what you can expect as compensation figure when you make a claim against a fertility clinic for negligent treatment. What you will expect will depend on the specifics of your claims, such as the severity of your harm, emotional and financial impact the negligence has had on you. This will also include out of pocket expenses incurred, future prognosis and if you have had to give up work, it will also be taken into account.
However, we can give you an idea of what you can expect after making a full assessment of your claims. Find out more about the medical negligence compensation claims.
How Long Do You Have To Make A Claim for Negligent Fertility Treatment?
You only have a three-year time limit for making your fertility negligence claim, this is according to the Limitation Act of 1980. This time frame begins to count from the date of the negligence or when you became aware of it.
However, if the individual is incapacitated and unable to make claims, the time frame can be relaxed or adjusted until the person is able to do so.
In this situation, a close relation (legally known as a litigation friend) can make claims on behalf of the affected person.
During our consultation sessions, we can tell you more about how you can make claims for a loved one.
No Win No Fee Fertility Malpractice Lawyers
We are no win no fee fertility malpractice lawyers. This simply means that we undertake your fertility treatment negligence claims under our No Win No Fee Policy which makes it possible for you to make your claims without fear of legal costs.
We do not charge you anything to represent you, we will not ask for any legal fees throughout the claims process and even if your claims were not successful, you still will not pay. We are however pleased to let you know that we have a 99% success rate as proof of our expertise in this area of medical negligence.
After a successful claim, we will deduct 25% of your compensation fee as success fee while you receive the rest of your settlement fee. Please visit our No Win No Fee Medical Negligence for more information on how it works.
We are fully aware of what your value of claim should be worth and we will work to see that you don’t settle for less. We also appreciate that most of our clients would prefer an out of court resolution and so we will employ our advocacy and non-confrontational dispute resolution skills to negotiate and navigate even the complex of cases to see that you are deservingly compensated.