Gynaecology and Fertility Negligence
What is Negligent Treatment?
We understand that gynaecological and fertility problems can be deeply personal and emotionally challenging. If you have experienced issues stemming from negligent fertility treatment, Dutton Gregory is here to provide you with the expert support and guidance you need.
There are several factors that may give rise to fertility negligence claims.
Mixed-up embryo or sperm samples, particularly due to mislabelling, represent a significant Healthcare professionals must meticulously assess these samples before utilisation, as errors can lead to devastating consequences. Proper storage of sperm and egg samples under specific conditions is essential for maintaining their viability.
An ectopic pregnancy, where a fertilised egg implants outside the womb, requires prompt diagnosis and treatment.
Awareness of Fertility Treatments: Recognising Negligent Treatment
The usage of faulty equipment during IVF or other fertility treatments may also constitute negligence if it results in harm.
You must seek legal advice from our specialist lawyers, who have experience in fertility negligence claims, to help you understand your legal options. We can offer you an initial consultation to discuss your potential negligence claim and assess your eligibility to claim fertility negligence compensation.
IVF Treatment: Complictions & Outcomes
The consequences of negligent fertility treatment can be far-reaching; common complications include incontinence, infection leading to loss of fertility, and general infertility, while in some cases, a hysterectomy may be necessary.
A poor prognosis following a diagnosis of cervical or testicular cancer can also arise from negligence. Other outcomes may include scarring, uterine, bladder, or bowel perforations following surgery, and significant psychological trauma.
Complications from Negligent IVF Procedures
Negligent IVF procedures can result in severe complications; if sperm or embryonic samples are stored improperly or for longer than the recommended ten-year period, they will deteriorate, leading to failed IVF cycles with emotional and financial repercussions.
Failure to diagnose an ectopic pregnancy promptly can have catastrophic consequences, potentially leading to sepsis or even death.
Defective equipment can destroy viable embryos, especially when temperature control is compromised or samples are mishandled. These instances highlight the importance of meticulous care in fertility treatments.
Fertility Negligence: Psychological Impacts
The psychological impact of fertility negligence should not be underestimated. Dealing with failed fertility treatments, mismanaged procedures, or the loss of reproductive potential can lead to significant emotional distress. Many individuals' experience anxiety, depression, and feelings of grief and loss.
Our experienced team understands the emotional toll that fertility negligence can take so we approach each case with empathy and sensitivity, providing comprehensive support throughout the legal process and ensuring your well-being is prioritised.
When considering a claim for negligent fertility treatment, the first step is establishing whether a duty of care was owed.
Our specialist lawyers can help you claim compensation for negligent fertility treatments by providing expert legal advice on whether the medical professional or healthcare provider had a responsibility to provide a certain standard of care and whether that duty was breached.
Usually, you would have three years to begin any claims, including those for fertility and IVF negligence. This time starts from either the date of the negligent fertility treatment or the date that you realised the negligent fertility treatment led to avoidable harm.
There are two exceptions: claimants who lack the mental capacity and claimants under 18. For those under 18, their time limit will run from the date of their 18th birthday to their 21st birthday.
Our negligence lawyers can advise you on the time limits, ensuring you do not miss your opportunity to make a claim.
Compensation for Negligent Fertility Treatment
In successful fertility negligence claims, your compensation may be comprised of two heads of claim: general and special damages. If you have suffered due to negligent fertility treatment, you may be entitled to claim compensation for both the physical and emotional harm you have suffered.
How Compensation is Calculated
General damages aim to compensate you for the intangible losses caused by the harm that you have suffered. They consider the pain, suffering and any loss of amenity caused by your experience.
Special damages relate to the economic effects so serve the purpose of reimbursing you for financial losses caused by the harm that you have suffered.
Why Choose Us for Your Fertility Negligence Claim?
At Dutton Gregory, our experienced lawyers understand the emotional toll that results from fertility negligence, so you can expect to receive the support that you need, alongside regular updates on the progress of the claim.
We ensure that you fully understand all elements of this complex process and provide assistance in collating supporting evidence. If required, we can also arrange an independent medical assessment for you.
Frequently Asked Questions
Find the Answers to Common Concerns and Queries
To claim fertility negligence, it is essential to have evidence that irrefutably proves the harm you suffered resulted from the negligent fertility treatment you received. This involves providing documentation that acts as evidence, which may include correspondence between you and the medical institution, such as the hospital or IVF clinic. GP or medical records help determine any prescriptions or changes made after the negligent treatment.
The duration of a fertility negligence claim can vary significantly, depending on the complexity of the case. Claims involving clear instances of medical negligence and easily quantifiable damages may be resolved more quickly. Conversely, more complex cases that require extensive investigation,
expert medical opinions, and potential court proceedings will inevitably take longer to resolve.
To support a successful claim for negligent fertility treatment, various forms of evidence are crucial. This evidence could include payslips to demonstrate a loss of earning capacity resulting from the medical problem. Medical invoices or receipts related to treatments and consultations undertaken to address the harm caused by the negligent fertility treatment are also necessary.
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