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Experiencing fertility or IVF negligence can be a very traumatic experience with significant emotional fallout. Not only can fertility negligence negatively impact the woman, but also her partner and her children, including those she intended to have in the future. If you have suffered gynaecology medical negligence, we are here to help you make it right.
Key Takeaways
- Not every instance of harm qualifies as fertility negligence; sometimes it’s unavoidable, and the fertility specialist is not at fault.
- Claims can be made against both public and private medical institutions.
- The typical time limit to make a fertility negligence claim is 3 years from the date you suffered the harm or the date of knowledge.
- Fertility negligence can range from incorrect embryo transfer to misdiagnosis of fertility issues.
- Here at Advice, our solicitors offer their services on a No Win No Fee basis.
Contact Us
If you have any questions while reading this guide about fertility and IVF medical negligence, please speak to an advisor. An advisor will be happy to help assess whether you have good grounds to sue for IVF negligence.
- Call on 0161 509 2856
- Contact us online
- Talk to an advisor using our live chat
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Jump To A Section
- Can I Claim Compensation For IVF Or Fertility Negligence?
- The Average Fertility And IVF Medical Negligence Compensation Amounts
- The Common Circumstances Leading To Fertility And IVF Negligence Claims
- How Can Fertility Clinic Negligence Be Proven?
- Is There A Time Limit When Claiming For Fertility Medical Negligence?
- No Win No Fee Fertility Negligence Claims With Advice
- Other Ways In Which Advice Can Help With Women’s Health Negligence
- Learn More
Can I Claim Compensation For IVF Or Fertility Negligence?
Yes, you can claim compensation for IVF or fertility negligence as long as you satisfy the eligibility requirements:
- A medical professional owed you a duty of care
- They breached this duty
- This breach caused you to suffer avoidable or unnecessary harm
The important thing to remember is that medical professionals legally owe you a duty of care as soon as they agree to take you on as their patient. Specifically, this means that they must meet a minimum standard of care in order to safeguard your health and well-being. As an illustration, embryologists must perform fertilisation procedures correctly as well as provide accurate advice regarding fertility and IVF.
As a result, if you experienced avoidable or unnecessary harm because of substandard fertility treatment, you might be eligible to make a fertility negligence claim. Importantly, fertility negligence can occur at any time, including:
- During diagnosis
- During the monitoring of symptoms
- Surgery
Claiming As A Parent Who Experienced Fertility Negligence
As a parent, it is possible to claim compensation for fertility negligence. If a medical professional commits avoidable or unnecessary harm during treatment, then a parent may have a right to claim compensation.
Claiming As A Child Born Via Negligent Fertility Treatment
When it comes to claiming as a child born via negligent fertility treatment, they may have grounds to make a claim, but it will likely be complex. The general rule of thumb is that the child must have suffered harm because of negligence, for example, inheriting a genetic abnormality because of inadequate donor screening.
When it comes to starting the claims process, the child can claim themself once they turn 18 or a family member can claim on their behalf whilst they’re a minor as a litigation friend. We will talk about litigation friends in greater detail later on in this guide.
How Claims Work For Both NHS And Private Treatment
Your rights remain the same whether you are claiming for either NHS or private treatment. This is because the duty of care we spoke about earlier must be adhered to in both public and private healthcare settings.
If the fertility negligence you experienced happened in an NHS hospital, you would need to process your claim through NHS Resolution. Think of NHS Resolution as an insurer that has its own separate funding available to cover damages, so that NHS services aren’t negatively impacted.
However, if the negligence took place in a private medical institution, you would claim against them directly. This is because private hospitals typically have their own insurance providers.
If you require more clarity regarding whom you should claim against, please connect with one of our friendly advisors today.
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The Average Fertility And IVF Medical Negligence Compensation Amounts
When it comes to the average fertility and IVF medical negligence compensation amounts, they can vary widely on a case-by-case basis because every fertility negligence claim is different. However, we have provided average compensation brackets below, which have been sourced from the Judicial College Guidelines (JCG). The JCG is a legal publication containing a vast variety of instances of harm alongside their severities and their suggested compensation brackets. Medical negligence solicitors often refer to JCG in order to calculate a head of claim called general damages.
When your general damages are being determined, your solicitor will take into account:
- The severity of the harm
- The impact on your quality of life
- The presence of psychological damage
- Whether you have undergone invasive treatment
- Whether you have suffered deformity or disfigurement
- Whether you will encounter any pain or suffering in the future
Compensation Guidelines
Please take note that the first figure in our list of compensation guidelines has not been sourced from the JCG and that these brackets are intended to serve as a guide only.
- Multiple Very Severe Forms of Harm with Special Damages – Up to £500,000+ – Encompasses multiple very severe forms of harm and special damages, including loss of earnings and medical expenses.
- Female Reproductive Injuries (a) – £140,210 to £207,260 – The claimant will have infertility brought about by either disease or injury, as well as sexual dysfunction, severe depression, pain and scarring.
- Female Reproductive Injuries (b) – £52,490 to £124,620 – The individual will suffer from sexual dysfunction, which will likely be permanent. Notably, the claimant will either already have children or will not have children in any event. The upper bracket of this compensation will include medical complications.
- Female Reproductive Injuries (c) – £68,440 to £87,070 – This award will cover that of a young person who has no children and infertility with no aggravating features and no sexual dysfunction.
- Female Reproductive Injuries (d) – £21,920 to £44,840 – Infertility, but with any medical complications or sexual dysfunction in a patient who already has children.
- Severe Psychiatric Damage – £66,920 to £141,240 – This compensation bracket will take into account the individual’s ability to cope with life and the extent to which treatment will be successful.
- Moderately Severe Psychiatric Damage – £23,270 to £66,920 – The claimant will have significant problems with future vulnerability; however, they will have a more optimistic prognosis.
- Bodily Scarring – In the region of £10,550 – The claimant will have no significant internal injury following an exploratory laparotomy. Specifically, this award reflects the operation and the inevitable scar.
How Will My Fertility Compensation Be Determined?
Your fertility compensation will be determined via 2 heads of claim: general damages mentioned above and special damages. The latter head of compensation is designed to cover any money you have lost because of the harm you have suffered.
Financial losses might look like:
- Medical bills
- Loss of wages
- Loss of future earnings
- Care costs
- Travel expenses
- Adaptations to property
- Any other out-of-pocket expenses
If you believe the medical harm you have suffered has cost you money, your solicitor will require evidence. Please find examples of proof below:
- A letter from your employer confirming that you have lost hours or have not worked at all since the date of harm
- Travel receipts to and from the fertility clinic or hospital
- Medical bills, for example, prescriptions
If you have any questions regarding special damages or have received negligent care, please don’t hesitate to get in touch with our advisors so they can help.
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The Common Circumstances Leading To Fertility And IVF Negligence Claims
Please find below the common circumstances leading to fertility and IVF Negligence Claims:
- Incorrect Embryo Implanted: This involves the accidental implantation of an embryo into the wrong patient. Consequently, the woman can unknowingly carry and give birth to a baby that is not biologically hers.
- Damage to Egg, Sperm Or Embryo: If the egg, sperm or embryo is damaged in any way, this significantly increases the chances of miscarriages, birth defects and impact on fertility.
- Inadequate Screening Of Donor: If a sperm donor is not adequately screened, this can pose significant risks to both mother and baby, including transmission of infectious diseases as well as genetic conditions passed on to the child.
- Undiagnosed/Misdiagnosed Ectopic Pregnancy: Failing to diagnose an ectopic pregnancy can have serious consequences, ranging from a ruptured fallopian tube to infertility.
If one of these circumstances applies to you, or to discuss a different incident that you believe was fertility negligence, get in touch with one of our advisors who can help you.
How Can Fertility Clinic Negligence Be Proven?
Fertility clinic negligence can be proven by providing as much evidence as possible. Most importantly, you will need to prove that your fertility specialist was at fault as well as articulate the extent of the harm suffered.
Notably, our solicitors have highlighted several strong pieces of evidence:
- Medical records detailing any IVF treatment or procedures
- Contact details of witnesses
- Photographs of visible harm
- A personal account of what has happened to you
Here at Advice, we know how overwhelming gathering evidence can be when you’re focusing on your recovery. Please connect with an advisor so they can advise you on how Advice can help gather proof on your behalf.
Is There A Time Limit When Claiming For Fertility Medical Negligence?
Yes, there is a time limit when claiming for fertility medical negligence, and it’s typically 3 years from the date you suffered the harm or the date of knowledge, as per the Limitation Act 1980. This piece of legislation outlines that if you fail to claim within these 3 years, your claim will be dismissed even if medical negligence had indeed occurred.
With that being said, there are exceptions to this. In fact, the time limit doesn’t apply if you are:
- An adult who lacks mental capacity and therefore, can’t independently claim. If the individual’s cognitive capacity returns, they will have 3 years to claim from the date of their recovery
- A minor who is under the age of 18 and is too young to claim. Once the child turns 18, they will have until their 21st birthday to file a fertility negligence claim
In circumstances where the individual is underage or lacks capacity at the time the negligence took place, a litigation friend can claim on their behalf while the time limit is paused. This role is often taken on by a family member who then becomes responsible for any decision-making, representation and communication that is required during the claims process.
If you want to know whether your claim falls within the legal time limit, please connect with one of our friendly advisors.
No Win No Fee Fertility Negligence Claims With Advice
Here at Advice, we offer our legal services on a No Win No Fee basis, specifically through a Conditional Fee Agreement (CFA), so that you can pursue fertility negligence compensation claims with confidence, without financial obstacles. Our solicitors offer this contract because they understand how severe the fallout can be when a woman experiences clinical negligence.
CFAs come with several benefits:
- You won’t have to pay any upfront solicitors’ fees
- You won’t have to pay any solicitors’ fees while your claim is in progress
- You won’t have to pay any solicitors’ fees if your fertility negligence claim fails
If your fertility negligence claim wins, you will be expected to pay something called a success fee, which pays your solicitor for their services. The success fee is paid out of your compensation as a pre-agreed percentage and is legally capped, as outlined in The Conditional Fee Agreements Order 2013.
Moreover, our solicitors have a robust range of services that are designed to support clients during the claims process. One of Advice’s medical negligence solicitors will:
- Evaluate how strong your claim is and let you know how likely it is to win
- Calculate a fair compensation figure
- Provide an independent medical assessment to assess the harm done
- Represent you in negotiations and court proceedings
- Liaise with the defendant’s solicitors and keep you in the loop at all times
- Follow all instructions to the letter and meet every deadline efficiently
- Gather evidence on your behalf, for example, witness statements
- Draft the Letter of Claim to begin the claims process
- Get you access to medical treatment that might not be available on the NHS
- Negotiating a final settlement amount
- Instructing the right barrister to take on your claim if it ends up in court
If you want to find out what other benefits and services our solicitors have to offer or wish to have a free initial consultation, please get in touch using the contact details below:
Contact Our Team Of Fertility Negligence Advisors
- Call us on 0161 509 2856
- Contact us online
- Talk to us using our live chat
Other Ways In Which Advice Can Help With Women’s Health Negligence
Please find below several women’s health guides from Advice:
If you have any questions regarding medical negligence claims, please contact us for free over the phone or online.
Frequently Asked Questions
Below we answer some of the most frequently asked questions regarding fertility treatment negligence claims.
What Is IVF?
IVF is a type of fertility treatment where eggs are fertilised by sperm outside the body in a laboratory setting. Once a viable embryo is made, it’s transferred into the woman’s uterus.
What Are The Risks Of IVF?
IVF is generally safe; however, there are still risks of ovarian hyperstimulation syndrome, multiple pregnancy, ectopic pregnancy and potential complications during egg retrieval.
What Happens When IVF Goes Wrong?
If IVF goes wrong, the most common outcome is a failed cycle, meaning the woman doesn’t get pregnant, but the woman can also suffer from ectopic pregnancies and miscarriages.
Here at Advice, our solicitors and advisors understand how taxing the claims process can be. Let our solicitors handle the stress so you can focus on getting better. Contact an advisor as soon as you can, whether it’s online or over the phone.
Learn More
Some more guides by us:
- Did something go wrong during your birth, and you know it wasn’t your fault? Read our guide on broken bone birth injury claims.
- Do you require more clarity on what qualifies as medical negligence? Read our guide on what circumstances are classed as medical negligence.
- Did your medical negligence happen through the NHS? Read our guide on how to make a compensation claim against the NHS.
Some additional resources:
- Please find information on claiming Personal Independence Payments (PIP) from GOV.UK.
- Learn more about IVF from the NHS.
- Learn more about your doctor and their training from the Royal College of Obstetricians and Gynaecologists.
Thank you for taking the time to read our guide on fertility negligence.
