With more individuals considering having children at an older age, the use of assisted reproductive technology (ART) has grown significantly over the last two decades, allowing many infertile couples to experience pregnancy. However, the increased prevalence of fertility treatments (such as cytoplasmic transfer, embryo genetic testing, in vitro fertilization, surgical sperm retrieval, egg donations, etc.) has led to a significant rise in the incidences of patient injuries, failed fertility treatments, genetic mistakes, and other adverse consequences caused by fertility clinic negligence or medical malpractice.
Harm may occur to a child, a mother, egg or sperm samples, an embryo, or to a couple’s reproductive capabilities (ability to have a child). If you or a loved one suffered harm due to the negligence of a fertility clinic, doctor, or staff, we welcome you to call Olsman MacKenzie Peacock to schedule a free consultation with our experienced Michigan fertility clinic injury lawyers. We represent victims on contingency, meaning we never charge a fee unless we are successful in obtaining compensation on a client’s behalf.
What Are Fertility Treatments?
Couples who cannot get pregnant after at least one year of unprotected sex are defined as infertile. Infertility is a common problem affecting over 9% of men and 11% of women of reproductive age.[1] Those dealing with infertility will often seek treatment from a reproductive endocrinologist (also known as an infertility doctor). There are several common fertility treatments that these specialists use to help individuals conceive, including:
- Intrauterine Insemination (IUI). IUI involves placing additional sperm within a uterus to encourage fertilization. This is often an early fertility option since it is less invasive and costly than other procedures.
- In Vitro Fertilization (IVF). IVF is a series of procedures that involve the retrieval and fertilization of eggs (in a lab), the administration of implantation enhancement drugs, and the implantation of fertilized eggs.
- Intracytoplasmic Sperm Injections (ICSI). ICSI involves directly injecting a single live sperm into a human egg.
- Embryo Genetic Testing. Genetic testing involves checking for genetic issues, thereby preventing an embryo with a genetic defect from being transferred to a patient.
- Sperm Retrieval. Sperm retrieval (also known as sperm harvesting) is the surgical removal of sperm from individuals with blockage or sperm production issues.[2]
Many aspects of fertility clinics are largely unregulated at both the state and federal levels. Unfortunately, this lack of oversight often gives way to frequent mistakes, resulting in substantial harm to a couple or individual hoping to build a family. Samples may be destroyed, switched, or misplaced; individuals may be improperly screened during the sperm or egg donation process; or doctors or other medical personnel may incorrectly perform ART, causing injuries or congenital disabilities.
When a fertility clinic or fertility doctor’s negligent actions or inaction causes harm, they deserve to be held accountable and financially liable. At Olsman MacKenzie Peacock, we tenaciously fight for the victims of fertility-clinic and physician medical malpractice.
What Are Common Errors Committed by Michigan Fertility Clinics?
Unfortunately, when fertility clinics make mistakes, they can often have devastating consequences, such as:
- Misdiagnosis
- Birth Defect Risks
- Miscarriages
- Lost Embryos
- Lost Sperm Samples
- Damaged Eggs
- Destroyed Samples
- Implantation Errors (such as inadvertently implanting another individual’s eggs)
Whether samples are lost or destroyed, or there was a failure to conduct adequate genetic testing, a doctor or fertility clinic can be sued for medical malpractice for making medical errors. It may also be possible to sue a fertility clinic for negligence, but it is advisable to consult with our experienced Michigan fertility injury lawyers first, to determine what type of claim you may have.
What Types of Damages Can Be Awarded in a Fertility Malpractice Lawsuit in Michigan?
If a fertility clinic’s negligence led to injuries or reproductive harm to a mother or child, there may be grounds to recover compensation through a fertility malpractice lawsuit. If the injuries were severe, then the damages could be substantial.
Depending on the specific facts and circumstances surrounding a case, individuals may be entitled to seek damages, such as:
- Cost of IVF treatment and related procedures
- Fertility medication costs
- Bills for medical care
- Expenses associated with raising a child with significant medical issues caused by a genetic defect or disability
- Medical bills associated with fertility treatments
- Loss of parenthood opportunity
- Emotional distress
- Pain and suffering
Many fertility malpractice lawsuits involve multiple parties, such as fertility clinics, doctors, medical personnel, fertility drug manufacturers, and other third parties. Therefore, during an initial free case evaluation, our experienced Michigan fertility clinic lawyers listen to the facts of a case and help identify all potentially liable parties to ensure the best chances of securing full and fair compensation.
How Long Do I Have to File a Lawsuit Against a Fertility Doctor of Clinic?
The deadline to file a claim (known as the statute of limitations) against a fertility clinic in Michigan is two years from the date of an injury. However, in some cases a victim may be unaware of harm until months or years after the date that the wrongful act takes place.
For example, if an individual sustains an internal injury because of a botched fertility treatment, the harm may not be apparent for months, or even years. Additionally, a family may not discover until years later that the wrong fertilized egg was implanted. In cases where an individual does not discover an injury until a later date, the statute of limitations may be tolled until the injury is discovered (or reasonably should have been discovered).
If an individual fails to file a lawsuit within the time limit specified in the statute of limitations, they will be barred from seeking compensation through a civil lawsuit. Thus, it is critical to reach out to an experienced Michigan fertility injury attorney as soon as possible to ensure that deadlines can be closely monitored. Once we learn about the facts of your case, we can explain the applicate deadline (statute of limitations) that will apply in your case.
Schedule A Free Consultation with Our Experienced and Compassionate Michigan Fertility Clinic Lawyers.
If you believe that a fertility clinic or doctor harmed you and your partner, we encourage you to call Olsman MacKenzie Peacock to schedule a free consultation to learn about your legal options. We represent victims of fertility medical malpractice on contingency, meaning we never charge a fee unless we successfully obtain compensation on a client’s behalf.
[1] How common is infertility, National Institutes of Health, https://www.nichd.nih.gov/health/topics/infertility/conditioninfo/common.
[2] Infertility, Mayo Clinic, https://www.mayoclinic.org/diseases-conditions/infertility/diagnosis-treatment/drc-20354322.