Fertility treatment can be an emotionally demanding journey, but you should feel safe in knowing that you’re getting the correct standard of care. Unfortunately, when treatment goes wrong, it can cause avoidable harm on top of any heartbreak. If you’ve suffered because of substandard care, you may be entitled to make a fertility negligence claim.
With this guide, you will find out who can claim compensation and what the process involves. We will also explain what fertility negligence is and show why it may occur. As our guide continues, we’ll cover topics ranging from compensation to what evidence you can use to prove a medical negligence claim.
Finally, we look at the services offered by our No Win No Fee solicitors, who have seen firsthand how negligent fertility treatment can affect parents. They can take on multiple types of fertility negligence claims, including:
- In vitro fertilisation (IVF)
- Artificial insemination
- Pre-implantation genetic diagnosis (PIGD)
- Surgical sperm retrieval
- Intracytoplasmic sperm injections (ICSI)
- Embryo testing
- Intrauterine insemination (IUI)
Simply contact us for a free initial consultation. By telling us what’s happened to you, we can put you in the right direction regarding what to do next. So, please get in touch with us at a time that suits you. Our contact services can be used 24/7:
- Call 0800 073 8804.
- Fill out our online Contact Us form.
- Message an advisor directly using our live on-screen chat box.
Jump To A Section
- Can I Claim For IVF Or Fertility Negligence?
- How Much Fertility Or IVF Medical Negligence Compensation Can I Get?
- What Are Some Examples Of Fertility Treatment Negligence?
- How Long Do I Have To Claim Fertility Or IVF Compensation?
- What Evidence Do I Need To Support My Claim?
- Get Advice From Legal Expert
- Learn More
Can I Claim For IVF Or Fertility Negligence?
You may be eligible to claim for IVF or fertility negligence if you meet each of these criteria:
- A healthcare professional owed you a duty of care while you were receiving fertility treatment.
- This healthcare professional breached this duty by providing substandard care.
- You suffered avoidable harm as a result of this breach.
All healthcare professionals owe a duty of care to every single patient they care for, including those receiving fertility treatment. In short, this duty involves providing you and other patients with the correct standard of care. If at any point someone fails to do so and causes you unnecessary harm, you may have grounds to claim compensation.
However, it’s important to remember that there are certain risks inherent to all IVF and fertility procedures. Given that, not every instance of harm will be caused by a medical professional breaching their duty of care to a patient.
If you’re unsure about your eligibility, we recommend discussing your particular circumstances with our team. They can provide you with individualised advice and see if you’re eligible to claim fertility negligence compensation.
Claiming Against NHS Or Private Health Services
Fertility negligence claims against the NHS and against private health services are made in basically the same way, although there are some differences.
When claiming against an NHS hospital, you would claim against the relevant NHS Trust rather than a specific individual, and compensation would be paid out of the NHS Resolution. This organisation is responsible for handling claims on behalf of trusts and has funding separate from the NHS’s main budget. So, you don’t have to worry about the health service being affected if you claim compensation.
If you were a private patient, then the claim will be against the specific private healthcare provider. Most private institutions have their own insurance, so compensation would be paid out from it.
Am I Able To Claim on Behalf Of My Child?
Yes, you could potentially make a fertility negligence claim on behalf of your child, as minors cannot pursue compensation on their own. In such circumstances, you can become their litigation friend and file a claim on their behalf.
However, litigation friends only have until the child’s 18th birthday to start a claim on their behalf. From then on, the child will have 3 years until they turn 21 to begin their own claim.
We discuss the fertility negligence compensation claims time limit in more detail in a later section of this guide. Please remember, we are available 24/7 for you to call us should you have any questions at all about making a claim.
How Much Fertility Or IVF Medical Negligence Compensation Can I Get?
The amount of fertility negligence compensation you may receive will depend on various factors. In the table below, we have listed multiple types of harm from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals often use to help them calculate the value of general damages (a head of claim covering the harm that you suffered).
From this document, we have included compensation brackets for each type of harm. However, since they are only guidelines, please bear in mind that no guarantees can be made about compensation.
The top figure is also not from the JCG.
| Type of harm | Guideline compensation |
|---|---|
| Multiple severe types of harm with special damages, including medical expenses | Up to £500,000+ |
| Female reproductive system (a) | £140,210 to £207,260 |
| Female reproductive system (b) | £52,490 to £124,620 |
| Female reproductive system (c) | £68,440 to £87,070 |
| Female reproductive system (d) | £21,920 to £44,840 |
| Female reproductive system (e) | £8,060 to £22,800 |
| Severe psychiatric damage generally | £66,920 to £141,240 |
| Moderately severe psychiatric damage generally | £23,270 to £66,920 |
| Moderate psychiatric damage generally | £7,150 to £23,270 |
| Severe post-traumatic stress disorder (PTSD) | £73,050 to £122,850 |
What Will Determine The Amount Of Compensation I Get?
As noted, many factors could affect how much compensation you might receive. For instance, general damages may consider:
- The length of your recovery.
- What treatment you need.
- How much pain you’ve experienced.
- Your loss of amenity, namely, how your quality of life has been affected by the harm you suffered because of negligent fertility treatment.
Your solicitor may send you to have an independent medical examination. This report can be used alongside the JCG to help assess the potential value of your general damages.
Am I Able To Claim Back Financial Losses?
Yes, you are able to claim back the financial losses you have incurred due to your avoidable harm under special damages. Through this second head of claim, you can be compensated for financial losses such as:
- Lost wages if you were unable to work throughout your recovery.
- Costs to have IVF or an alternative method of assisted conception in the private healthcare sector.
- Medical bills, such as paying for specialist treatment or rehabilitative care.
- Care expenses if you found yourself unable to perform day-to-day tasks or needed occupational therapy.
- Travel expenses to attend any medical appointments.
- Therapy or counselling if you suffered psychological harm.
All special damages need proof, so be sure to keep financial evidence like payslips and invoices.
To learn more about fertility negligence compensation, please chat with us today. Our medical negligence solicitors are some of the best available in the country and will work hard to secure a fair compensation for you.
What Are Some Examples Of Fertility Treatment Negligence?
Here are some examples of how negligent fertility treatments can occur:
- Errors in implantation procedures – Incorrect handling during an embryo transfer causes the procedure to fail, leading you to develop severe depression.
- Wrong fertility medication – You are given the wrong dosage after a healthcare provider misreads the medication’s instructions. This medication error triggers ovarian hyperstimulation syndrome (OHSS), leaving you with a potentially life-threatening blood clot and kidney damage.
- Misdiagnosing fertility issues – A medical professional misdiagnoses your endometriosis as irritable bowel syndrome (IBS). This delay in diagnosis means you are not referred to a specialist, allowing the condition to worsen and affect the possible success of future fertility treatment.
- Surgical errors – You suffer bladder damage and fertility complications when a medical professional doesn’t pay appropriate attention while using a needle during an egg extraction procedure.
- Mismanaged embryos and eggs – Can include incorrectly storing, labelling, or destroying eggs, sperm, or embryos. For instance, a clinic doesn’t conduct regular inspections on the cryobanks used for storage, causing the equipment to fail and lose your eggs.
- Mistakes in administration – A healthcare provider mixes up your records with those of another patient, leading to the wrong embryo being implanted. You suffer significant distress and long-term damage as a result.
These examples offer only a small glimpse into how negligent fertility treatments can occur. So, please don’t hesitate to reach out to see if you have an eligible fertility negligence claim if your circumstances haven’t been listed above.
How Long Do I Have To Claim Fertility Or IVF Compensation?
You typically have 3 years to start a claim for fertility negligence compensation, as stated in the Limitation Act 1980. This time limit will begin from either:
- The date fertility negligence occurred.
- The date you were aware that you suffered because of fertility negligence (otherwise known as the date of knowledge).
We’ve already discussed how time limits affect minors, but those who are mentally incapacitated are also unable to make their own claim. That means the medical negligence claims time limit for vulnerable adults is paused indefinitely.
As with minors, a litigation friend can step in to begin a claim on their behalf before time limits apply. They can do so up until the date the claimant recovers their mental capacity. If that capacity returns, the usual 3 years run down from the date of recovery.
To learn more about how to claim compensation on a loved one’s behalf, please speak to our team today. If you want to make a fertility negligence claim for yourself, you should contact us as soon as possible to ensure that you have enough time to claim.
What Evidence Do I Need To Support My Claim?
To support your fertility negligence claim, you may need evidence like the following:
- A personal diary noting all of your symptoms, how you were harmed, and what treatment you’ve received.
- Copies of your medical records from before and after you suffered fertility negligence.
- Contact details from anyone who witnessed the negligent fertility treatment, including loved ones or healthcare staff.
- Photographs of your avoidable harm, including copies of scan images and test results.
- Correspondence and letters from the healthcare provider or IVF clinic that gave you negligent fertility treatment.
If you are unsure about collecting evidence by yourself, there is no need to worry. By working with one of our specialist solicitors, you can get help with the process of gathering evidence while you focus on recovery. You can contact us today to find out more.
Get Advice From Legal Expert
Our team is available 24/7 to give you free, no-obligation advice. If you are eligible to claim fertility negligence compensation, you could be connected with one of our specialist medical negligence solicitors. To make the claims process easier for you, they can:
- Handle correspondence with the liable fertility clinic or medical institution so you don’t have to.
- Provide help with securing evidence to build a strong claim, including collecting witness statements.
- Help you apply for interim payments.
- Negotiating a fair fertility negligence compensation for your suffering.
- Connect you with recovery and rehabilitation specialists.
What’s more, all of our solicitors provide their services on a No Win No Fee basis through a Conditional Fee Agreement. So, you won’t have to pay any fees for your solicitor’s work:
- Before or throughout the claims process.
- If the claim ends up being unsuccessful.
If you win, your solicitor will take a success fee from your compensation. It’s payment for their work, and the percentage is small thanks to a legal cap. So, as you take your first steps to claiming, you can be assured from the start that you’ll keep the majority of any compensation received.
Contact Our Solicitors
Our team is ready to support you every step of the way on your journey toward financial justice and getting the answers you deserve. To find out more, please contact us today for free and confidential advice:
- Call 0800 073 8804.
- Fill out our online Contact Us form.
- Message an advisor directly using our live on-screen chat box.
Learn More
Learn more about other types of medical negligence claims here:
- Learn more about birth injury claims.
- Find out about the Bolam test and how it affects medical negligence claims.
- Learn more about gynaecology negligence claims.
These other pages might also give you some additional useful information:
- Look at what different clinical schemes the NHS Resolution has for various kinds of medical negligence.
- NHS advice on how to view your health records.
- Government information on Statutory Sick Pay (SSP).
Our team is on call 24/7, and we want to thank you for reading our fertility negligence claims guide today.
