Increased Use of Assisted Reproductive Technology Ushers in a New Era of Fertility Clinic Malpractice Claims

Over the past two decades, many American couples have increasingly made family planning a later-in-life-activity; however, the ability to conceive drastically decreases as individuals age.  Consequently, the use of assisted reproductive technology (ART), such as Intrauterine Insemination (IUI) and In Vitro Fertilization (IVF), has significantly increased, with 33% of Americans now turning to fertility treatments (or knowing someone who has used fertility treatments).[1]

Unfortunately, as the use of ART has increased, so has the prevalence of fertility-related harm and injuries.  From lost or swapped egg or sperm samples, defective fertility drugs, and implantation errors to miscarriages, internal damage, and birth defects, a wide variety of harm can be caused by a negligent fertility clinic, drug manufacturer, doctor, or other medical personnel.

As Michigan fertility clinic injury lawyers, if you or a loved one suffered harm due to a negligent fertility clinic or failed fertility treatment, we invite you to call our office to schedule a free consultation.  We can listen to the facts of your case, explain your legal options for seeking to hold fertility clinic and all responsible parties accountable, and pursue the justice and compensation you and your family deserve.

At Olsman MacKenzie Peacock & Wallace, we represent fertility clinic injury clients on contingency, meaning we never charge a fee unless we successfully secure compensation.  Further, we advance all litigation expenses while a case is ongoing.

What Are the Most Common Types of Fertility Treatments?

Fertility treatments frequently involve medications that help with hormones and ovulation, often combined with minimally invasive surgical procedures.  ART refers to several kinds of procedures that make it easier for sperm to fertilize an egg and an egg to implant.

The following are a few of the most common types of fertility treatments:

  • Intrauterine Insemination (IUI). Sperm is collected and inserted into a uterus during a period of ovulation.
  • In Vitro Fertilization (IVF). Eggs are fertilized in a lab, where they develop into embryos. Embryos are then implanted into the uterus.
  • Natural Cycle IVF. Natural cycle IVF bypasses the hormone injection phase of traditional IVF.
  • Cryopreservation involves freezing eggs, sperm, or embryos until a later date.
  • Surrogacy Implantation. A surrogate carries a child for another couple after being implanted with a fertilized egg or embryo.
  • Fertility Drugs. Pharmaceutical drugs are often prescribed to assist with ovulation, hormone and other fertility issues.

What Types of Errors Are Commonly Committed by Fertility Clinics?

Unfortunately, serious mistakes can arise during fertility treatments, leaving many couples without the ability to conceive or resulting in parents or children being severely injured.  Possible results of fertility clinic malpractice include:

  • Genetic Defects
  • Birth Defects
  • Miscarriages
  • Lost Embryos
  • Lost Eggs or Sperm Samples
  • Damaged Eggs
  • Destroyed Samples
  • Fertilization Using the Wrong Samples
  • Internal Organ Damage
  • Permanent Infertility

Fertility clinics, fertility drug manufacturers, and medical personnel have a duty to ensure that patients, samples, and children are protected; however, when they are negligent and an individual suffers harm, they may be liable for damages, such as fertility medication costs, expenses related to a child with genetic defects, medical treatment, cost of caring for a disabled child, emotional distress, loss of parenthood opportunity, pain and suffering, and other damages.

Schedule A Free Consultation with Our Experienced Michigan Fertility Clinic Injury Lawyers.

With fertility treatments, the stakes are high, as a single mistake can destroy one’s hope for having a child.  Couples or individuals who have suffered because of preventable fertility errors may be entitled to file a medical malpractice lawsuit against those responsible, including fertility specialists, clinics, and other third parties.  At Olsman MacKenzie Peacock & Wallace, our Michigan fertility injury attorneys make it a goal to identify all potentially liable parties so our clients can pursue the maximum compensation possible.

Call today to schedule a FREE CONSULTATION to learn about your legal options for seeking to hold all responsible parties accountable and the types of compensation to which you may be entitled.

[1] What are the 2020 Fertility Statistics I Need to Know About?, CoFertility,