Fertility Law 

The Devastating Impact of Fertility Errors

Underdoing fertility treatment is an emotional journey. Expectant parents will experience a wide range of emotions: hope, excitement, anxiety, uncertainty, relief, joy, and disappointment. Expectant parents place profound trust in fertility clinics and doctors to help them through their journey to parenthood.
It is devastating for expectant parents to discover an error was made by their fertility doctor or fertility clinic. The most common errors occur when patients receive the wrong gametes such as the wrong donor sperm or eggs. However, fertility doctors and clinics, like all medical professionals, can fall below the standard of care in numerous ways during fertility treatments:

Misdiagnosis or Delayed Diagnosis

Doctors can incorrectly diagnose the cause of infertility or delay the correct diagnosis. This can lead to ineffective treatments and wasted time and expense.

Medication Errors

Prescribing the wrong dosage or type of medication can impact the effectiveness of the treatment and potentially cause adverse side effects. Fertility medications and treatments are notably complex and often come with unpleasant side effects and risks to the patient.

Inadequate Monitoring

Not closely monitoring the patient’s response to treatment can result in complications such as Ovarian Hyperstimulation Syndrome (OHSS) or missed opportunities to adjust the treatment plan.              

Technical Errors

Mistakes during procedures like egg retrieval, embryo transfer, or sperm handling can reduce the chances of a successful pregnancy or result in the patient losing their genetic material or receiving the wrong gamete.

Malfunction of Equipment

Errors in the lab, such as mishandling of embryos or contamination, can compromise the quality of the embryos and potentially result in the patient losing their embryos.

Improper record keeping

Improper records can result in the clinic losing their patients’ genetic material or mislabeling their patients’ genetic material.

Inadequate Follow-Up

Not providing sufficient follow-up care and support can leave patients feeling abandoned and unsure about the next steps

Our Experience with Fertility Law

At Nelligan Law, we understand that fertility errors carry profound emotional, familial, and identity implications. 

We headed the class action lawsuit against Dr. Norman Barwin, a fertility doctor who used the wrong semen in numerous artificial inseminations he performed including in some cases apparently using his own. We were successful in obtaining a $13.375 million settlement to benefit the families affected by his practice.
We understand the complex emotional and psychological impact of learning your genetic background is not what you thought it was or would be.

We understand that nothing is more personal or emotionally draining than suffering a fertility error. We are here to provide ongoing legal representation that empathizes with your unique circumstances, offering compassionate support and strategic guidance to help you navigate this challenging process with confidence and clarity.

A medical professional explains a detailed anatomical model of the female reproductive system to two individuals during a consultation.

Contact Us Today

If you believe you have experienced fertility error or you have concerns about your fertility treatments, please reach out to Nelligan Law. Let our skilled and empathetic team guide you through the legal process.