Fertility Negligence Claims

For many people hoping to have a baby, fertility treatment can be an effective option. However, where errors are made by medical staff at a fertility clinic, there can be long-term consequences for you ability to conceive, your general health and the health of your child.

If you believe the treatment you received at a fertility clinic was negligent, you may be entitled to claim compensation. This can be essential to help you deal with both the practical and emotional impact of a negligent fertility treatment.

Wolferstans’ medical negligence solicitors are highly experienced in fertility clinic negligence claims, with a strong track record of securing substantial compensation for our clients. Our experience means that, no matter how complex your claim, we know exactly what to look for to help you build the strongest possible case.

Our particular expertise in fertility treatment claims means we can value your claim with a high degree of accuracy, meaning you will know exactly what you are likely to be entitled to. This minimises the risk to you of settling for less than your claim may truly be worth – something that is often a risk with less specialist firms.

We also appreciate that many of our clients would prefer to avoid the stress and conflict involved in court proceedings. Wherever possible, we will use our skilled advocacy and expertise in non-confrontational dispute resolution to achieve an out-of-court settlement. In most cases, there will be no need for you to attend court.

We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.

To arrange your consultation please contact the new client team on 01752 648895.

Our fertility treatment negligence claims service

We support individuals and couples throughout England and Wales with fertility negligence claims related to:

  • In vitro fertilisation (IVF)
  • Artificial insemination
  • Intrauterine insemination (IUI)
  • Pre-implantation genetic diagnosis (PIGD)
  • Embryo testing
  • Surgical sperm retrieval

We deal with cases related to all types of negligent fertility treatment claims, including:

  • Fertility issues caused by surgical negligence
  • Failure to appropriately screen donor eggs or sperm
  • Loss of or damage to eggs, sperm or embryos

How fertility treatment negligence claims work

Our clinical negligence lawyers provide clear, empathetic guidance through every step of the claims process, helping to make things as easy on you as possible.

A typical fertility negligence claim will involve:

  • Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
  • Contacting the relevant fertility clinic with the details of your claim.
  • Ensuring the defendant responds to your claim in a timely fashion.
  • Assessing the defendant’s response and advising you of your options.
  • Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
  • Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.

Find out more about the process of making a clinical negligence claim.

Funding a fertility negligence compensation claim

When dealing with the stress of fertility negligence, that last thing you need is additional worry over how to fund a compensation claim. This is why we are committed to ensuring that anyone with valid grounds for a claim has the opportunity to pursue compensation.

For the majority of our clients, the best funding option is a ‘no win, no fee’ fertility negligence claim. Also known as a ‘conditional fee agreement’, this means you only contribute towards your legal fees and expenses if your claim is successful, with what you pay being based on a percentage of the compensation secured.

Some people instead prefer to use legal expenses insurance to fund their fertility negligence claim. This is often offered as an optional extra with home insurance policies, as well as some bank accounts and credit cards.

To discuss your options for covering the cost of a negligent fertility treatment claim, please don’t hesitate to get in touch.

Find out more about funding a medical negligence claim.

Our expertise in fertility negligence claims

With many years of experience handling even the most complicated fertility negligence claims, we have earned a reputation as leaders in this specialist field. Our expertise means you can always be confident your claim is being handled effectively and that you will have the best chance of securing appropriate compensation.

Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.

Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.

Find out more about our medical negligence claims team.

Common questions about fertility negligence claims

There is a 3-year time limit for most fertility negligence claims, with the time limit being counted either from when the negligence occurred or when you became aware that it occurred, whichever is later.

However, there are various circumstances that can affect this time limit, meaning no matter how much time has passed, it is usually worth consulting a specialist medical negligence lawyer to ensure you don’t miss out on the chance to make a claim.

This will depend on the situation, including both the physical and emotional impact the negligence has had on you, as well as any specific costs incurred as a result of the negligent treatment you received.

Typically you claim two types of compensation for fertility clinic negligence:

Special damages – For specific financial costs incurred up to the date of settlement, such as paying for subsequent private fertility treatment, lost income due to having to take time of work etc.

General damages – For non-financial losses e.g. the emotional impact of being left infertile by negligent treatment, as well as foreseeable future financial costs e.g. paying for planned private fertility treatment.

With any type of medical negligence claim, we must be able to demonstrate that the treatment you received fell below medically acceptable standards. This means that any other medical professional would not have acted in the same way under the same circumstances.

Proving that negligence occurred will typically rely on various types of evidence, including:

  • Medical records
  • Witness evidence
  • Evidence from examination by independent medical experts

If you are not sure if the treatment you received at a fertility clinic may have been negligent, we will be happy to discuss this with you in your free initial consultation.

Further information about fertility negligence claims

For more information about fertility negligence compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.

Start a fertility negligence claim with us today

To arrange a free initial no obligation consultation and find out more about starting a fertility negligence claim:

To arrange your consultation please contact the new client team on 01752 292204.