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IVF Misconduct lawyer

New York IVF Misconduct lawyer

Lawyers Helping IVF Misconduct Victims

In vitro fertilization (IVF) has opened the door for millions of couples to have children who would otherwise be unable to. According to Yale Medicine, “Today, there are over 500,000 IVF deliveries every year worldwide. In 2018, IVF accounted for about 2% of all births in the United States.” But in far too many instances, the process of IVF is tainted by malpractice or negligence. In vitro fertilization claims are varied and often involve the destruction of a couple’s only remaining embryos. Many of these errors are avoidable with increased vigilance and stringent laboratory and clinical guidelines. Any person who is impacted by IVF malpractice or negligence may seek aid through a civil claim. Our team of IVF misconduct attorneys at Gersowitz Libo & Korek, P.C. is here for you. You can reach out to our office anytime at (800) 529-9997.

Common Examples of IVF Misconduct

Instances of IVF malpractice can come in many different forms and may not always be immediately apparent. Misconduct can take place at every stage of the IVF process and may involve more than one party. This could include a fertility clinic, reproductive endocrinologists, nursing staff, and companies that manufacture medical devices. What follows are some of the most common types of malpractice that fertility patients may face.

  • Embryology Errors: This could include instances where fertility clinics lost a patient’s embryos or used the wrong sperm.
  • Preimplantation Genetic Testing Errors: A child may be born with a genetic illness despite genetic testing.
  • Surgical Complications: Complications can arise from the use of needles as well as catheters. Injuries may include bleeding, infection, or organ perforation.
  • Misrepresentation of IVF Outcomes: Patients often pay a lot of money to undergo IVF. But in many situations, fertility clinics aren’t able to deliver expected outcomes and misrepresent what actually took place.
  • Mismanagement of Samples: Embryos, sperm, and eggs are extremely delicate. They should only be handled by trained laboratory technicians. However, it is common for these genetic materials to be mishandled, thereby resulting in their destruction.

Misconduct during the IVF process can turn an otherwise stressful situation into a complete nightmare. For many couples, they may only have one batch of embryos left. Losing those embryos can be one of the worst possible outcomes. There are supposed to be safeguards in place to prevent misconduct, but part of the problem is that the IVF industry is still very loosely regulated. Aside from civil claims, there are simply not that many serious legal consequences that IVF practitioners face for misconduct.

How Fertility Clinics Can Prevent IVF Misconduct

Preventing misconduct during in vitro fertilization requires a comprehensive approach that addresses all aspects of care. This should focus heavily on making sure that patients are well informed at every step of the process. There are risks and a range of possible outcomes. At no point should IVF patients be in the dark about what is going on. Patients should be thoroughly educated about the IVF process, including possible alternatives. Here are some key strategies that IVF clinics should take in order to prevent misconduct.

  • Staff Training and Qualifications: All staff that take part in the IVF process should receive proper training and have all of the necessary qualifications for their position. This should include making sure that all employees and healthcare providers pass background checks.
  • Adherence to Guidance and Protocols: IVF clinics should have clear guidelines and protocols related to all aspects of care. These guidelines should be regularly reviewed and inspected to ensure that best practices are being followed. One of the most effective ways to enforce proper protocols is to make sure that intelligent and accurate check lists are used.
  • Quality Control Measures: Implementing strict quality control measures can help prevent serious mistakes. This should include double-checking procedures and strict documentation.
  • Ethical Standards Oversight: Every IVF clinic faces a variety of different ethical concerns depending on what procedures are being performed. They must adhere to ethical standards set forth by professional organizations and regulatory bodies.
  • Patient Advocacy and Support: IVF clinics should prioritize patient advocacy. To that end, patients should always feel comfortable asking questions and voicing any concerns that they may have.
  • Transparency and Accountability: Transparency should be a major focus of every IVF clinic. This will include keeping detailed records and conducting thorough investigations into any incidents.

By implementing these strategies, IVF clinics can help prevent instances of misconduct and ensure that the care their patients receive is as safe as possible. Ultimately, a commitment to these principles creates an environment where patients needs can be best addressed. When safety guidelines and best practices are not being followed, this opens the door to malpractice and negligence. Instances of misconduct are rarely the result of the wrongful actions of a single employee. Rather, they are often the result of systemic failures by one or more medical organizations in the IVF industry.

Wrong Sperm

Liability For IVF Misconduct

Several parties could be legally responsible for instances of IVF misconduct. Fertility clinics will often work with outside doctors, medical agencies, and equipment providers. It is important to understand the nature of all of these relationships when assessing liability. What follows are some of the common examples of liability for IVF misconduct.

  • Medical Professionals: In certain instances, individual doctors or medical professionals can be liable for misconduct. This is particularly true for instances of fertility fraud. Fertility fraud occurs when doctors use their own sperm to impregnate patients without their consent. There have been over 50 documented instances of fertility fraud in the United States alone.
  • Hospitals: A hospital can be liable for medical malpractice. Medical malpractice occurs when a doctor or hospital deviates from the applicable standard of care. There is no single standard of care for any health-care field. However, a doctor’s or hospital’s standard of care is met when a doctor or hospital with an equivalent skill set would have followed the same procedures and guidelines under identical circumstances. This may include instances where patients are harmed during embryo implantation.
  • IVF Clinics: An IVF clinic could be liable for the negligent actions of their employees. Generally speaking, employers are vicariously liable for the wrongdoings of their employees. According to Judith M. v. Sisters of Charity Hosp., 93 N.Y.2d 932, 933 (1999) respondeat superior will apply “so long as the tortious conduct is generally foreseeable and a natural incident of the employment.” For example, laboratory technicians may have mislabeled gametes, which resulted in a patient being implanted with the wrong sperm.
  • Third-Party Laboratories: Much of the work at fertility clinics gets outsourced to third-party laboratories. In cases where IVF samples are sent to a third-party laboratory for testing or processing, that laboratory may be liable for misconduct, including improper handling.
  • Medical Equipment Manufacturers: The majority of inadvertent embryo loss involves instances where medical equipment malfunctions. This occurs most often with the storage tanks used to hold embryos and gametes. If a storage tank failure was due to a defect with the equipment, this could form the basis of a product liability claim.

Determining liability in IVF malpractice cases can be complex and may require a thorough investigation in order to identify all liable parties. IVF clinics will do everything in their power to avoid responsibility for malpractice. This may include getting victims to sign non-disclosure forms and other legal documents. It is never a good idea to sign any such document without consulting with a skilled IVF misconduct attorney. They can evaluate your case free of charge and take steps to make sure your rights are preserved.

Why You Should Hire An Attorney After IVF Misconduct

Experiencing misconduct during the IVF process can be highly upsetting. Those impacted have reported experiencing long-term psychological trauma and emotional distress. An attorney specializing in IVF malpractice can provide you with invaluable expertise and guidance for your particular situation. There are a number of reasons to consider hiring an IVF misconduct attorney.

  • Understanding Your Rights: An attorney can help you understand your rights under the law. Not every unfortunate outcome during IVF can be pursued in a civil setting. This is particularly true when patients face adverse outcomes that may not rise to the level of malpractice. An attorney can let you know if you have a viable claim.
  • Navigating the Legal Process: If you do have a viable claim, an attorney can guide you through the legal process. They are the ones that handle the paperwork, deadlines, and communication with the opposing party. This allows you to focus on your own well-being.
  • Gathering Evidence: Demonstrating liability in any medical setting can be an enormous undertaking. It requires gathering large amounts of evidence. Unfortunately, the opposing party typically won’t hand over evidence unless they are forced to by a court. An attorney can handle all of this on your behalf. They can also hire a team of expert witnesses to help put your case in the best possible light.
  • Assessing Damages: IVF misconduct can result in a wide range of damages, including medical expenses, emotional distress, and lost income. An attorney can examine all of the damages that you’ve suffered to help ensure that you are fairly compensated.
  • Negotiating With Insurance Companies: Dealing with insurance providers can be very challenging. They will do everything in their power to pay out as little as possible. An attorney will negotiate with insurance providers on your behalf and let you know if any proposed settlement is reasonable.

By pursuing legal action, you hold the responsible parties accountable for their actions. This not only allows victims to seek justice, but it can also help prevent similar instances of misconduct. There is a tremendous peace of mind that comes with having a skilled legal advocate fight on your behalf. An attorney can give you the best chance of being successful with your legal action.

Getting Legal Help After IVF Misconduct

Getting legal help after experiencing misconduct or negligence during in vitro fertilization can make a big difference in being able to get a just outcome for your case. There are no up-front costs associated with hiring an attorney. They work entirely on a contingency fee basis and only get paid if they are able to successfully resolve your case.

If you or someone that you love has been subjected to IVF misconduct, the IVF misconduct attorneys at Gersowitz Libo & Korek, P.C. can help. They have decades of experience and have recovered over $1 billion for their deserving clients. There is a reason why so many families have chosen us to represent them. We care about winning and getting our clients justice above all else. Whether you just have legal questions or are wondering how an attorney might be able to help with your particular case, we are here for you. You can call us anytime at (800) 529-9997.


Are all instances of IVF misconduct accidental?

Some instances of IVF misconduct involve deliberate wrongdoing, including fertility fraud cases.

There are no up-front costs associated with having an attorney evaluate your case or represent you in court. They only get paid by the opposing party if they successfully resolve your case. 

Several parties could be held liable, including IVF clinics and medical equipment manufacturers.

 A lot of IVF errors occur when laboratory technicians fail to follow safety protocols.

An attorney can fight on your behalf and investigate all potentially liable parties.

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