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 general wellbeing and the health of your child.
Cases of Infertility in clinical negligence are serious issues which should 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 receive the best quality of treatment from the fertility clinic.
Negligent treatment leading to infertility can have a huge impact on an individual both emotionally and physically. Our solicitors specialising in IVF & Fertility Treatment Negligence Claims are fully aware of this. We also have some of the best gynaecology negligence solicitors in the UK who are experts. They will ensure that you are well compensated for the losses and damages you have suffered.
If you believe you received negligent treatment at a fertility clinic, you may be entitled to claim for fertility negligence. The compensation you receive can be essential to help you deal with the 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. Even if it’s a complex case, we will build a strong 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 have 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 failed in that duty.
In proving causation, we have to show a direct link between the negligent treatment and the harm you suffered. We must therefore show that your doctor’s negligent action is the direct cause of your suffering, harm, complication or trauma. 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 unsure if the treatment you received was negligent, we are still happy to discuss with you. We will run a free claim assessment and determine if you have a valid claim. 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
We can also secure interim payments for you before the final settlement fee is agreed. This is to help you with your financial needs and to access quality medical care vital for your recovery.
Medical Negligence Compensation For Fertility Negligence
As with every negligence claim, we cannot say exactly what will be your compensation figure for your fertility treatment negligence claim. What you will expect will depend on the specifics of your claims. This includes; the severity of your harm, the emotional and financial impact the negligence has had on you. This will also include out of pocket expenses incurred, future prognosis and loss of future income.
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 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 not able to make claims as a result of physical or mental injury, the time frame can be relaxed until he is able to do so. In this situation, a close relation (legally known as a litigation friend) can make claims on his behalf.
During our consultation sessions, we can tell you more about how you can make claims for a loved one.
What We Can Do For You As Fertility Malpractice Lawyers?
We are no win no fee fertility malpractice lawyers. This means that we undertake your claims such that you do not have to worry about legal costs.
We do not charge you anything to represent you nor shall we ask for any legal fees throughout the claims process. Also, if your claims were not successful, you still will not owe us a dime. We are however pleased to let you know that we have a 99% success rate as proof of our expertise.
After a successful claim, we will deduct 25% of your compensation fee as success fee. Please visit our No Win No Fee Medical Negligence page for more information on how it works.
We also appreciate that most of our clients would prefer an out of court resolution. Most of our claims are settled out of court, so you have nothing to worry about. We will ensure that even in the complex of cases that you are deservingly compensated.
Reach out to us today by completing our quick Free Claim Assessment form. Alternatively, you can call us on 0800 644 4240 to get your claims started.