Infertility can be devastating for prospective parents. Fertility treatments offer hope to people who need assistance to grow their families, but medical mistakes can still happen—and result in life-altering consequences. From misdiagnosed reproductive conditions to serious lab errors, malpractice in assisted reproductive technology leads to profound emotional, physical, and financial harm.
Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C.’s trial attorneys have taken on complex medical malpractice cases in courts throughout Pennsylvania, New Jersey, and across the country. We handle some of the most catastrophic malpractice cases, including claims related to negligent fertility treatment. Over the years, we’ve secured billions from favorable verdicts and settlements.
If you’ve suffered harm from medical malpractice in fertility treatments, Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C. can help. Contact us today for a free consultation.
Understanding Fertility Treatment Malpractice
Fertility treatment malpractice occurs when healthcare professionals or practices fail to meet the accepted standard of care during fertility procedures. These procedures typically include in vitro fertilization (IVF), intrauterine insemination (IUI), or other assisted reproductive technologies (ART).
While medical negligence cases can involve any type of substandard care, fertility malpractice is a distinct form of negligence. It directly impacts the patient’s overall health as well as their ability to conceive and carry a child. Errors in reproductive medicine can result in the loss of embryos or the destruction of genetic material. In some cases, the victim might carry a pregnancy under false pretenses, like when healthcare professionals use the wrong sperm or embryo.
Fertility malpractice lawsuits often involve advanced science and procedures and deeply personal emotional consequences. These cases can involve multiple parties, including fertility clinics, physicians, nurses, embryologists, and laboratory technicians. All of these factors make fertility malpractice cases uniquely challenging.
How a Fertility Treatment Malpractice Lawyer Can Help
The IVF malpractice attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C. are dedicated to representing clients in the most serious medical malpractice cases. As experienced trial attorneys, we prepare every lawsuit for IVF errors to go in front of a jury. This approach has led us to secure significant verdicts in complex medical malpractice claims involving catastrophic errors.
When you work with our experienced legal team, you’ll work with lawyers who:
- Investigate doctors, nurses, and clinical or laboratory staff
- Review your medical records and discuss your legal options for pursuing accountability
- Work with leading fertility and medical experts to identify errors
- Build compelling, evidence-based trial strategies
- Pursue accountability against every responsible party, including hospitals, clinics, corporations, and individual providers
Unlike many other firms, we take on difficult, complex cases and fight to win. Some law firms avoid malpractice cases involving assisted reproductive technology because they are too technical or sensitive. We use our considerable resources and skills to meet these challenges head-on.
Common Types of Negligence in Fertility Treatments
Negligence in assisted reproductive technology can occur in many different ways. Because reproductive treatments involve highly technical procedures and delicate genetic material, even a single error can carry lifelong consequences for patients and their families. Some of the most common forms of malpractice in this field include the following:
- Misdiagnosis or delayed diagnosis: Doctors may fail to detect underlying hormonal or medical issues in time to preserve fertility or properly guide treatment. This may result in unnecessary procedures, wasted time, and lost opportunities for conception.
- Medication and hormone treatment errors: Prescribing the wrong fertility drugs (or incorrect dosages) can severely impact your fertility outcomes. Failing to monitor a patient’s response is another common medication error. These serious mistakes can lead to dangerous side effects, failed cycles, or fertility issues.
- Surgical and procedural errors: Mistakes during egg retrieval, insemination, or embryo transfer can end your fertility journey altogether. Even a minor error in these delicate procedures may prevent conception and cause serious medical complications.
- Laboratory and embryology mix-ups: Fertility labs must follow strict protocols. Sometimes, staff may mislabel samples, mix up embryos, or allow contamination to occur. Families face heartbreaking consequences as a result. They may lose their precious genetic material or birth a child without a biological relationship to either parent.
- Improper storage of genetic material: Eggs, sperm, and embryos require carefully controlled environments to ensure their viability. Freezer failures and power outages are common issues that destroy years of preparation. In some cases, mishandling and errors eliminate a person’s chance of having biological children.
When healthcare professionals fail to uphold the applicable standard of care, you have the right to hold them accountable through a medical malpractice lawsuit. An experienced trial attorney from our firm can help you pursue justice.
Working with Fertility and Medical Experts
To build a strong case, our lawyers work closely with reproductive endocrinologists, embryologists, and other medical specialists. These experts typically provide testimony about the accepted standards of care and how negligence led to reproductive harm. Expert witnesses play a crucial role in helping juries understand the technical aspects of fertility treatments and laboratory procedures.
Our firm has extensive experience in collaborating with medical experts across disciplines. That gives us the ability to present complex medical concepts clearly—and persuasively—in court.
Proving Medical Malpractice in Fertility Cases
Medical malpractice is a type of negligence claim. To win your case, you must prove all of the following:
- A duty of care existed between you and the medical professional or facility.
- The healthcare provider breached that duty by failing to meet the accepted standard of care.
- The breach directly caused harm (for example, lost embryos, failed conception, or medical complications).
- You suffered measurable losses as a result.
Proving your case requires strong evidence and relentless, experienced legal advocacy.
Legal Rights and Options for Victims
You have a right to hold negligent defendants accountable—but your right to file a lawsuit doesn’t last forever. Pennsylvania and New Jersey have a two-year time limit for most malpractice cases, and other states have similar statutes of limitations. However, fertility malpractice cases often involve delayed discovery. Delayed discovery occurs when patients only learn about errors months or years after mistakes occur. Generally, exceptions apply when you couldn’t have discovered the error until a later date than when the mistake occurred.
Pennsylvania and New Jersey do not have separate laws for reproductive negligence. Courts address fertility malpractice under broader medical malpractice laws. However, other jurisdictions may recognize reproductive negligence or fertility fraud as a distinct cause of action.
Why You Need to Hire a Medical Malpractice Lawyer for Fertility Treatment Cases
If you suffered injuries or losses due to fertility-related malpractice, you need a team that is prepared to fight for you in court. Fertility malpractice cases are legally and medically complex. Without experienced trial counsel, victims may struggle to hold negligent providers accountable.
Our lawyers have decades of experience litigating complex malpractice cases—in fact, we’ve earned a reputation for handling catastrophic cases that other firms won’t take. We’re here for you for life’s toughest trials.
Talk to an Experienced Medical Malpractice Team Today
If you’ve been harmed by negligent healthcare providers, contact Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C. to discuss your concerns and your potential case.
BUSINESS INFORMATION
Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C.
1634 Spruce St, Philadelphia, PA, 19103
Phone: (215) 585-2814
Email: info@erlegal.com
