According to the NHS, around 1 in 7 couples may face difficulties when trying to conceive. Therefore, fertility treatments are a common way for couples to increase the chances of conception.
When fertility negligence occurs, it can cause suffering for people who are already in a difficult situation. You could be eligible to start a medical negligence claim if you suffered unnecessary harm while being treated by a healthcare professional. Compensation awards can help people find closure and recover their financial losses.
Read our guide to learn about different fertility treatments and when you could be eligible to claim for negligent care. We also outline the various factors that could impact a potential compensation award.
Furthermore, we outline the evidence you will need to supply and how the legal time limit would apply to your case. Finally, you can read about the services that our panel of solicitors offer to assist with medical negligence claims.
You can contact an advisor from our experienced team at any time to find out whether you could be eligible to claim compensation. They also offer free case assessments to evaluate the different aspects of your claim that could impact the amount of compensation owed. You could be connected with a No Win No Fee solicitor from our panel today, so why wait to get in touch?
- Call us on 0113 460 1216
- Enquire through our online claim form
- Use the live chat pop-up on this webpage
Jump To A Section
- What Are Fertility Treatments?
- Examples Of Fertility Negligence Claims
- Who Is Eligible To Make An IVF Medical Negligence Claim?
- How Much Compensation For Fertility Negligence Claims?
- What Evidence Is Needed To Prove Negligent Treatment?
- How Long Is The Fertility Claim Time Limit?
- No Win No Fee Fertility Negligence Claims
- More Information
What Are Fertility Treatments?
Fertility treatments refer to medicines, surgical and assisted conception procedures that help to increase a couple’s chances of conceiving a baby. We have provided some examples of common fertility treatments below:
- Fallopian tube surgery- This surgical procedure can repair damaged fallopian tubes by removing scar tissue.
- Intrauterine insemination (IUI)- You may also have heard of this referred to as artificial insemination. It is a procedure where the sperm is inserted directly into a person’s womb during ovulation.
- In vitro fertilisation (IVF)- this involves an egg that is fertilised with sperm outside of the body to create an embryo. This is then inserted into the womb so that it can develop.
- Pre-implantation genetic diagnosis (PIGD) – this is a particular type of IVF treatment whereby you can select an embryo that is not affected by genetic conditions that have been passed down your family line.
- Laparoscopic surgery- Through this procedure, a surgeon can remove cysts from the womb. This can help people whose fertility is impacted by endometriosis.
- Medical prescriptions- Some medicines are prescribed to assist with fertility. An example of this is clomifene, which can encourage monthly egg release in those who cannot ovulate or do not ovulate regularly.
There are many other types of fertility treatments that we have not included here, so please get in touch if we have not included the specific treatment that you received. Keep reading for examples of when fertility negligence can occur.
Examples Of Fertility Negligence Claims
In this section, we look at different examples for which you could claim compensation. You may not be certain whether you experienced medical negligence, but reading examples could help you understand whether you could have valid grounds to claim.
Surgical Negligence Leading To Fertility Issues
Surgical negligence occurs when you suffer harm unnecessarily due to errors made by a medical professional. Examples include:
- Your doctor did not offer you any non-surgical fertility treatments to consider, which could have given you a much easier recovery process
- During laparoscopic surgery, the surgeon leaves a foreign object inside your body
- You undergo fallopian tube surgery unnecessarily, as a doctor has misread your scan and misdiagnosed your condition
Prescription Errors
Sometimes, errors made by a doctor or pharmacist can result in fertility negligence. Below are some examples of causes of medication errors:
- A pharmacist mixes up your prescription with that of another patient. This means that you take the wrong medication, which has severe side effects related to fertility.
- A doctor fails to read your medical records, which state that you have an allergy to clomifene. They prescribe this to you, resulting in an allergic reaction.
- Knowing you are trying to conceive, you are prescribed a medication that could make it difficult or impossible, or result in problems with the baby should a pregnancy occur.
Failure To Adequately Screen Donor Eggs And Sperm
If a medical professional fails to screen a donor egg or sperm adequately, it could lead to a child suffering from a genetic condition. This can result in physical and psychological harm to the child and parents.
Damage Or Loss Of Eggs, Embryos And Sperm
You could be eligible to claim compensation for the damage or loss of eggs, embryos and sperm. Examples of these types of claims include:
- Due to human error, a staff member at a fertility clinic stored donated sperm at the wrong temperature. As a result, the sperm is damaged
- A doctor at a hospital misplaces a donated egg
There is no need to worry if our examples did not cover your circumstances. There are many other instances of fertility negligence that we have not covered. You can contact our team of advisors at any time to discuss the details of your case.
Who Is Eligible To Make An IVF Medical Negligence Claim?
In order to make a fertility negligence claim, you must be able to show that:
- A medical professional owed you a duty of care
- They failed to enact their duty
- You suffered unnecessary harm as a result
All medical professionals owe a duty of care when they treat you. This means that they must meet a minimum standard of care. The General Medical Council (GMC) provides guidance to help doctors meet this.
The partner of a person who has undergone a negligent fertility treatment could also have a potentially valid claim. Please get in touch with our advisors so they can assess your eligibility.
Children Born From Negligent Fertility Treatment
A child who has suffered due to fertility negligence may also be eligible to claim. For example, they may suffer from a genetic condition that was not adequately screened for during an egg donation. Alternatively, if your child is below the age of 18, you could claim on their behalf (this is explained later on).
Get in touch with an advisor from our team for more details on the eligibility criteria. They can listen to the details of your case and let you know if you are eligible to start a claim. They may even connect with a No Win No Fee solicitor from our panel.
How Much Compensation For Fertility Negligence Claims?
In some fertility negligence cases, women with infertility (either caused by disease or injury), along with sexual dysfunction, pain, scarring and anxiety, can receive between £140,210 and £207,260 (according to the Judicial College Guidelines). They could also recover their out-of-pocket expenses, such as paying for private fertility treatments as part of a successful claim.
However, the specific circumstances of each claim impact medical negligence payouts for fertility errors. When evaluating compensation, legal professionals may use the Judicial College Guidelines (JCG) alongside a claimant’s medical records. This document provides compensation guideline brackets based on different types and severities of injury.
We have included some figures from the JCG in our table below. When looking at these figures, please keep in mind that they are only guidelines and provide no guarantee of the compensation you could receive. You can also use our medical negligence compensation calculator to estimate your compensation.
The first figure included was not provided by the JCG.
| Type of Injury | Severity | Compensation Guideline | Notes |
|---|---|---|---|
| Multiple injuries | Severe | Up to £500,000+ | Multiple injuries and the associated costs, such as lost income due to time taken off work to recover |
| Reproductive system: female | Infertility | £140,210 to £207,260 | Infertility with sexual dysfunction and mental impact |
| Sexual dysfunction | £52,490 to £124,620 | It is likely that sexual dysfunction will be permanent. Further medical complications will be taken into account | |
| Infertility without aggravating features | £68,440 to £87,070 | Bracket covers a young person who does no have children who suffers infertility without sexual dysfunction | |
| Infertility without medical complications | £21,920 to £44,840 | Where sexual dysfunction has not been impacted and further medical complications do not occur | |
| Reproductive system: male | Total loss of reproductive organs | In excess of £187,790 | The amount of compensation is impacted by various factors. These include pain/sexual discomfort, the effect on fertility and psychological harm |
| Total impotence and loss sexual function and sterility in the case of a young person | £140,220 to £181,020 | Assessment of the compensation award must consider age, whether they have children, pain and scarring, hormonal effects and psychological reaction. | |
| Psychiatric damage generally | Severe | £66,920 to £141,240 | Factors to consider include future vulnerability and impact on a person's relationships |
| Moderately severe | £23,270 to £66,920 | Issues similar to severe cases but claimants will have a better prognosis |
Determining The Amount Of Compensation
Medical negligence compensation is split into two heads of claim, the first of which is general damages. These cover the suffering and pain that you have experienced due to negligent treatment. The figures from the JCG refer to general damages.
You could also be eligible to receive special damages for fertility negligence. These aim to help you recover the costs you have accumulated due to the injury. Examples include costs paid for:
- Medical treatment, such as payments for prescriptions
- Travel to and from medical appointments
- Professional care or care provided by a family member
- Lost income due to time taken off work to recover from injury
You can get in touch with any queries about how a compensation award is calculated. Our advisory team also offer free case assessments that consider the different factors of your claim that could impact the amount of compensation you could receive.
What Evidence Is Needed To Prove IVF Medical Negligence?
In order to prove your claim and strengthen your case, you will need to provide evidence. This could include:
- A copy of your medical records
- A letter from the hospital/health care facility
- Contact details of those who witnessed the negligence occur (they could be called upon later in the process to provide a supporting statement)
- Bank statements or payslips to confirm lost income
- Receipts for payments made for the relevant expenses (see the section above)
Please do not hesitate to contact us with any queries you have about evidence for medical negligence cases.
How Long Is The Fertility Claim Time Limit?
The legal time limit for medical negligence claims is typically 3 years from the date that negligence occurred or from the date that you discovered you had received negligent treatment. This is established under the Limitation Act (1980)
There are some exceptions to the time limit. These include cases where the impacted person is:
- Unable to make decisions for the claim due to a lack of mental capacity
- Under the age of 18
In such cases, a litigation friend can make a claim on their behalf. The 3-year time limit is frozen until the date on which they recover capacity or reach the age of 18. Alternatively, they can claim for themselves once the time limit starts for them.
You can seek guidance from our advisors if you have any questions about how the legal time limit applies to your case.
No Win No Fee Fertility Negligence Claims
You may be wondering what advantages our panel of medical negligence solicitors could offer to your case. Our panel is made up of experts in medical negligence with many collective years of experience between them. They have done this by providing high-quality services, such as:
- Consistently communicating with you to explain how the claim is progressing and outline any legal jargon you are unsure of
- Conducting efforts to settle the claim outside of court (this can make the process quicker)
- Negotiating with the defendant with the aim of getting your compensation award to cover all relevant losses
- Seeking independent medical assessments provided by highly trained medical professionals
They can also offer to represent an eligible claimant through a Conditional Fee Agreement (CFA). This allows them to work on a No Win No Fee basis. This is a common way for solicitors to represent clients who do not want to incur exorbitant legal fees. Through this agreement, you would not have to pay for your solicitor’s work:
- Before the claim starts
- While the claim is ongoing
- In the event that you do not receive a fertility negligence award
If you succeed in gaining compensation, you will then need to pay a success fee. This refers to the percentage of your compensation that you owe to your solicitor for their representation. You can rest assured that you will keep the majority of the compensation. This is because there is a legal cap in place to limit how much can be taken.
Contact Medical Negligence Claims Care
Our team of advisors are on hand to provide you with a free initial consultation. You may wish to enquire about starting a case, but feel worried about taking legal action before you are ready. We can assure you that our advice is offered without any obligation to follow up with a solicitor from our panel. This is because we understand that you may want to know more about the process of claiming before you make any decisions.
We can also offer you a free case assessment to examine the different factors of your claim that could impact a compensation award. If you are eligible to proceed, our advisors could connect you to an experienced solicitor from our panel. Our No Win No Fee contracts could give you the option to recover your losses without upfront fees. Get in touch today:
- Call us on 0113 460 1216
- Enquire through our online claim form
- Use the live chat pop-up on this webpage
More Information
You can visit our other guides for more information bout medical negligence:
- Find out about Erb’s palsy claims
- Learn about claiming compensation for C-section negligence
- Read our guide on maternity negligence
External resources:
- Visit NHS guidance on fertility procedures
- Read the BBC’s guidance on fertility support
- Find out whether the Fertility Foundation could help you
Thank you for taking the time to read our guide on fertility negligence claims.