A fertility negligence claim seeks compensation for medical negligence in the treatment of your fertility issues. If a medical professional is negligent in treating your fertility complications, you may have a claim for medical negligence.
You may make a fertility negligence claim when you receive care that is less than what another professional would provide. With fertility negligence, you could have problems conceiving, lose a viable embryo, or be put on a course of unnecessary treatment.
You may suffer months or years of unnecessary pain, anguish, and discomfort due to the medical negligence, and you might be able to claim compensation from those responsible.
A No Win No Fee medical negligence solicitor can make your claim for fertility surgery negligence and get you the compensation you deserve.
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What is a fertility negligence claim?
A fertility negligence claim is when you receive less than professional care from an obstetrician, surgeon or gynaecologist at a hospital or clinic. They may advise you to undergo unnecessary treatment, make errors in handling sperm or eggs and not advise you fully on the alternatives.
Medical negligence is medical care below that any other medical professional acting at an acceptable level would provide. With fertility negligence, you could suffer pain, delayed treatment, or fail to become pregnant when it could be possible.
You could suffer fertility negligence during surgery or when a doctor advises you incorrectly when seeking help with fertility or with fertility issues.
Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid fertility negligence claim for compensation.
Common fertility negligence claims
Common fertility negligence claims range from issues with a diagnosis of infertility, errors during fertility treatment and even mistakes with the handling of embryos and sperm.
You expect care and treatment of a high standard when you visit any medical professional; not receiving it and suffering fertility negligence could be clear medical negligence.
Common fertility negligence claims are:
Artificial insemination errors
Artificial insemination errors are caused by medical negligence leading to failures in the treatment. Patients suffer by not getting pregnant when they want to or by needing repeat treatment when the artificial insemination goes wrong.
Errors can include mixing up donor eggs or sperm, leading to anguish at a vulnerable time in a patient’s life.
You may be able to sue for fertility negligence if you suffer errors in your artificial insemination treatment.
Errors with embryo testing
Errors with embryo testing can include damage to an embryo when in storage or when implanting it in the womb. Negligence in handling an embryo can cause it to die or for it not to attach itself in the womb.
Doctors may make errors in embryo testing and give it the all-clear when there may be possible defects.
An error could also happen if the doctor diagnoses a birth defect when the embryo is healthy, resulting in the mother choosing to terminate the pregnancy.
ICSI errors during fertility treatment
ICSI errors during fertility treatment can cause the treatment to fail or for an increase in the risk of miscarriage for the mother.
ICSI is a difficult process, and there should never be medical negligence when a woman undergoes the procedure. There is an increase in the chances of a genetic defect happening, and the doctor should order the appropriate tests if there is a valid pregnancy.
Failures in ICSI treatment can lead to fertility issues and possible genetic problems with the embryo.
IUI treatment negligence
IUI treatment negligence may lead to difficulties in conceiving or in creating a viable embryo for a woman.
When undergoing IUI, the better-quality sperm are separated and injected directly into the womb. If there is negligence in selecting the quality sperm, there could be an effect on the chances of conceiving, leading to unnecessary delays.
You may have a fertility negligence claim if you suffer errors in your IUI treatment.
Surgical sperm retrieval negligence
Surgical sperm retrieval negligence is when the team performing the procedure does not gather enough sperm from the male or does not store it correctly after the surgery.
The surgery to retrieve the sperm can be done in under an hour, but any errors may cause the donor to lose the sperm and the couple’s chances of having a baby.
A No Win No Fee medical negligence solicitor will advise if you have a valid fertility negligence claim.
Loss of sperm or embryos
The loss of sperm or embryos happens when the team in the hospital or fertility clinic are negligent during fertility treatment.
Simple errors like storing the sperm at the wrong temperature or even destroying a valid sample could be fertility negligence.
Causing damage to a valid embryo will lead to it being rejected and be very stressful for the woman looking to conceive.
Fertility issues following surgery
Fertility issues following surgery can include damage to the fallopian tubes, the male reproduction system, and the womb.
A negligent surgeon may make an error during an operation or fail to notice an issue which needs to be resolved.
Surgical negligence can also be fertility negligence, and you may have a claim for compensation.
Issues with sterilisation procedures
Issues with sterilisation procedures can lead the male or female to believe they do not need contraception. They may conceive an unwanted pregnancy with all the accompanying complications.
Surgeons and their teams should ensure they follow all the guidelines and always perform surgery at a professional level.
Not screening a donor’s sperm
Not screening a donor’s sperm can lead to inheritable diseases and genetic defects passing onto the embryo during fertilisation.
The hospital and clinic responsible for retrieving and storing the sperm should screen both the donor and their sperm for a list of recognisable defects.
You may have a fertility negligence claim if your unborn child has signs of a genetic defect which could be due to failures in screening donor sperm.
Fertility negligence may cause anguish for a woman or a couple when trying to conceive. The fertility negligence could happen late in someone’s life and could affect their chances of ever becoming a parent.
A No Win No Fee medical negligence solicitor can handle a fertility negligence claim and get you the compensation you deserve.
Compensation for fertility negligence claims
You can seek compensation for fertility negligence claims in amounts from the low £10,000s to over £10 million in some cases.
Anyone who undergoes fertility procedures could have a compensation claim if there is negligence in their treatment. Your claim depends on whether you can show negligence in the fertility treatment, you suffered as a result, or the clinic or medical professional was negligent in carrying out the fertility procedure.
The compensation varies depending on several factors, and fertility negligence claims sometimes see very high awards, such as when a mother loses a valid embryo due to errors, or there are genetic defects due to screening issues.
Compensation amounts in fertility negligence claims can be:
All amounts are approximate and are only a guide to what is possible in fertility negligence claims. Figures can be high in some claims as you or a loved one could need to undergo further treatment and may face issues conceiving in the future. You claim for these expenses and the medical costs today and for more fertility treatment in the years to come.
As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to fertility complications.
A No Win No Fee medical negligence solicitor will be the one to advise you on a fertility negligence claim. They will know from experience what your case may be worth and how to make a successful claim.
Your No Win No Fee medical negligence solicitor will handle your fertility negligence claim for compensation and for all damages incurred.
Our Process
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
Enquiry
The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.
Medical Evaluation
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Legal Letter
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
What can you claim for when you sue for fertility negligence?
You can claim compensation for any damages that occurred when you sue for fertility negligence.
There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.
You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs.
When you or a loved one suffers from the effects of fertility negligence, you make a claim for medical negligence compensation.
Who is responsible for fertility claims?
A medical professional is responsible for any fertility claims. When you bring a claim for fertility negligence, you claim against the NHS Trust or private clinic that employed the medical professional responsible.
A medical professional responsible for the fertility negligence could be:
Every medical professional owes you a duty of care when dealing with your health problems. You may suffer fertility issues if they are negligent with that duty of care and do not provide you with a professional service before and during treatment.
Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into your fertility issues, they have damaged your womb or lost the valid sperm, which is clear medical negligence.
You may need to undergo years of treatment to correct the errors of fertility negligence. By behaving less-than-professionally, the doctor risks your health, and the effects could be with you for life.
You can claim compensation for the fertility negligence and to get help with getting your life back on track again.
Who is eligible for compensation?
The patient who suffers complications due to fertility negligence may be eligible for compensation. They are the ones who have suffered, and the clear medical negligence could lead to their fertility issues and ability to conceive getting worse over time.
A child born with defects and genetic issues may also have a claim for fertility negligence. They can claim through their parents or process a claim when they turn 18 years of age.
If a patient passes away after the fertility negligence, the ones left behind may have a claim for fertility negligence.
Loved ones in a medical negligence case are known as ‘dependents’ and can be:
When you are a victim of fertility negligence or have lost a loved one after fertility negligence, you may have a claim for compensation.
Effects of fertility negligence
The effects of fertility negligence can range from losing the possibility of getting pregnant or conceiving a child with genetic defects. The effects may be with you for life or could cause the need for further treatment, which may give you months and years of stress and anguish.
Some effects of fertility negligence:
The effects of fertility negligence can lead to stress for you and your family members and having a child who has to live with birth or genetic defects.
A No Win No Fee medical negligence solicitor may make a compensation claim to seek damages for the effects of the fertility negligence.
What are the steps involved in making a fertility negligence claim?
The steps involved in making a fertility negligence claim go from seeking medical advice to issuing court proceedings.
The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.
Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.
Our Process
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
Enquiry
The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.
Medical Evaluation
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Legal Letter
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
How long do I have to make a claim for fertility negligence?
You have three years to make a claim for fertility negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the fertility negligence claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a fertility negligence claim or court proceedings.
Persons with a disability, who lack capacity, are not subject to any limitation period.
Can I make a medical negligence claim on behalf of a loved one?
Yes, you can make a medical negligence claim on behalf of a loved one. Under UK law, if an injured party cannot represent themselves, then a loved one can take the case on their behalf.
Your loved one depends wholly on you and the family for care and to fight for their rights. By making a claim on their behalf for medical negligence, you are fighting for the compensation they deserve.
A No Win No Fee medical negligence solicitor will work with you to win the compensation claim for fertility negligence.
Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to a successful fertility negligence compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You are the one who suffered the fertility negligence, and you deserve the compensation to get your life back to normal.
Can I make a medical negligence claim against the NHS?
Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment.
There are between 8,000 and 10,000 successful medical negligence claims against the NHS each year—amounts in compensation claims awarded against the NHS range from £1000 to over £10 million.
The amount of compensation you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your fertility negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered fertility negligence and deserve every penny of the compensation claim.
Contact us at the Medical Negligence Team for all your medical negligence needs.
