Fertility / IVF Claims
Infertility is a common medical problem for both men and women and is a highly emotive issue.
The inability to conceive can be devastating and invasive fertility treatments such as in vitro fertilisation (IVF) can be both emotionally difficult to manage and very expensive. Inadequacies in care when undergoing fertility treatments can be very serious and lead to claims for medical negligence.
Infertility can be caused by a number of medical conditions including polycystic ovary syndrome, endometriosis and ectopic pregnancy in women. Possible causes for men include undescended testes, testicular cancer and testicular trauma.
Claims for clinical negligence can arise from:
- Failures or delays in diagnosis of conditions which cause infertility.
- Surgical negligence leading to infertility or impaired fertility.
- Errors during fertility treatments such as IVF including loss or destructions of embryos and mistakes in the testing of embryos by way of pre-implantation genetic diagnosis (PIGD).
How we can help
Our Medical Negligence & Personal Injury team
Frequently Asked Questions
Is there a time limit for bringing a fertility or IVF claim?
There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period.
For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later).
If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.
Where a claim relates to someone’s death, the claim should be started at Court within three years from the date of death or from the ‘date of knowledge’ (if that is later).
There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.
It takes time to investigate a claim, so you should contact us as soon as possible.
What is the process for bringing a claim?
We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that your condition was worsened by medical negligence.
We also calculate the amount of compensation that can be claimed. Typically this involves instructing experienced experts to advise on the additional needs which you now have because of the negligence, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer.
In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.
Can claims be brought in relation to private and NHS medical treatment?
Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust).
Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment. Hospitals and private practitioners are typically insured or indemnified for negligence claims.
Will my case be decided by the Court?
Probably not. The vast majority of medical negligence claims are not decided by the Court.
Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings.
Occasionally, the Court will decide a case, if it cannot be resolved any other way.
Can I make a ‘no win, no fee’ fertility claim?
Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.
Please see our page on How are claims funded?