Learn About IVF and Fertility Negligence Claims
Read our guide to learn who is eligible to make No Win No Fee fertility negligence claim with us.
£85 million in compensation
Learn About IVF and Fertility Negligence Claims
Read our guide to learn who is eligible to make No Win No Fee fertility negligence claim with us.
Can I Make A Fertility Negligence Claim?
According to the NHS, 1 in 7 couples might experience difficulties trying to conceive naturally. Fertility treatments in the UK such as In Vitro Fertilisation (IVF) are a common way in which couples might be able to have a child together.
Unfortunately, in some situations, fertility negligence can occur, often decreasing the chances of getting pregnant. You might be able to start a medical negligence claim with us at JF Law..
Continue reading to learn about how to claim compensation, and how our solicitors could help you make a No Win No Fee claim for negligent fertility treatment. Alternatively, you can get in touch with our advisory team now for a free assessment of your claim. They can also advise you on the claiming process.
To get in contact with our friendly advisors, you can:
Call us on 0151 375 9916
Fill out our online claim form
Can I Make A Claim For Fertility Negligence Compensation?
You could be eligible to make a claim for negligent fertility treatment if your case fulfils the criteria. We can prove this by determining three components:
A medical professional owed you a duty of care
This duty was breached
The breach led to you experiencing avoidable and unnecessary harm
The first step in establishing that negligence exists in your case is to determine whether a duty of care was owed. All medical or healthcare professionals owe a duty of care to their patients to provide the expected standard of care when treating them. This can include properly appreciating a patient’s concerns, or ordering tests in a timely fashion.
Consequently, if you experienced unnecessary or avoidable harm as a result of receiving substandard treatment, you might have the basis to make a claim with us at JF Law.
Our advisors are available to help if you have any questions at this stage. Contact us today for a free initial consultation to discuss your fertility negligence claim.
Can I Claim For Affected Or Lost Fertility?
If your fertility has been impacted due to receiving substandard care, you may be eligible to claim compensation, provided we can demonstrate that harm has resulted from this breach.
The same applies to cases where fertility has been lost, particularly if you have undergone a surgical procedure that has either impacted your fertility or caused a total loss of fertility.
If your claim fulfilled the requirements needed to prove clinical negligence, you would have the basis to make a claim with us at JF Law.
Am I Able To Claim Against The NHS?
Yes, you can claim against the NHS if the negligent treatment you experienced occurred in an NHS hospital or fertility clinic. The duty of care that all healthcare professionals must uphold extends to both public and private healthcare providers. This means that you can claim against the NHS so long as your claim satisfies the eligibility criteria.
If your negligent treatment did occur at an NHS hospital or fertility clinic, then your claim would be made against the specific NHS trust that the hospital or clinic belongs to. In successful clinical negligence claims, NHS Resolution is the body responsible for paying compensation to claimants. This arm’s length body of the Department of Health and Social Care is responsible for handling all medical negligence claims made against the NHS and acts as an insurer. It is independently funded, so cases made against the NHS will not directly impact the finances of the NHS Trust you would be claiming against.
To learn more about how our clinical negligence solicitors could help you claim compensation for negligent fertility treatment, contact us today. Our solicitors have years of experience in medical negligence cases, and can help you get started today.
How Much Could I Be Awarded For IVF Or Fertility Medical Negligence?
The settlement that could be awarded for fertility or IVF negligence will vary between successful claims. This is due to the differences between each one.
In successful fertility negligence claims, your compensation could be made up of two heads of claim. These are known as general and special damages.
Your general damages aim to compensate you for the intangible losses caused by your harm. They consider the pain, suffering and any loss of amenity caused by your experience of medical negligence. Loss of amenity is used to describe activities that you used to enjoy, but can no longer as a result of the negligence.
Whereas your special damages serve the purpose of reimbursing you for financial losses caused by your harm. We understand that compensation cannot undo the harm or pain caused by negligent treatment, but it can potentially provide a sense of justice.
When assessing and valuing general damages, those responsible can consider frameworks such as the Judicial College Guidelines (JCG), a document that provides guideline brackets for various types of injuries.
Our table below shows suggestive brackets for what you might expect in successful fertility negligence claims. Please be aware that the top entry has not been taken from the JCG, and that these are guideline brackets only, not a guarantee of compensation.
Harm Notes Compensation Guideline
Multiple Severe forms of harm and special damages A range of different forms of harm and special damages such as loss of earnings Up to £500,000+
Reproductive System: Female
a) Infertility and significant complicationsSexual dysfunction, severe depression and anxiety, pain, and scarring £140,210 to £207,260
b) Sexual dysfunction Permanent sexual dysfunction in the case of a person with children or who would not have had children in any event £52,490 to £124,620
c) Infertility with no aggravating features Infertility with no aggravating features and no sexual dysfunction, but the patient does not already have children £68,440 to £87,070
d) Infertility without complications Infertility without any medical complications and no sexual dysfunction and where the injured person already has children £21,920 to £44,840
Psychiatric Damage Generally
Severe (a)The following factors will impact the award:
– the injured person’s ability to cope with life, education, and work
– the extent to which treatment would be successful
– future vulnerability£66,920 to £141,240
Moderately Severe (b) Involving psychiatric injury following a negligent stillbirth or the traumatic birth of a child will often fall within this bracket £23,270 to £66,920
Moderate (c) Cases of work-related stress may fall within this category if symptoms are not prolonged. £7,150 to £23,270
Scarring to Other Parts of the Body
No Significant Internal InjuryNo significant internal injury has been found, the award reflects the operation and the inevitable scar. In the region of £10,550
What Can Be Claimed For In A Fertility Negligence Claim?
As we previously mentioned, your compensation can be comprised of two different heads of claim. Your special damages can be claimed to help with the economic effects of suffering fertility harm.
This head of claim can assess things such as:
Loss of earnings: current or future earnings can be considered and taken into account when your special damages are being valued.
Medical expenses: suffering negligent treatment can mean you require further medical treatment such as operations or prescriptions. These costs can be taken into account as part of your special damages.
Home or vehicle adaptations: experiencing harm as a result of fertility negligence could also mean you need vehicular or home adjustments to help in your day-to-day life. These can be costly, so they should also be considered when valuing your special damages.
However, in order to be eligible to claim this head of compensation, you must hold evidence which proves that the harm you suffered led to financial losses. Your evidence could include:
Payslips to demonstrate a loss of earning capacity
Medical invoices or receipts
We can help you compile this supporting evidence, so please don’t worry if you’ve not yet collated these documents. We understand that making a fertility negligence claim can be overwhelming and daunting, which is why our solicitors are committed to offering you guidance and support through each step of the process.
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How Long Do I Have To Make Fertility Or IVF Negligence Claims?
3 years is how long you usually would have to begin any medical negligence claim, including those for fertility and IVF negligence. This time limit begins from either:
The date of the negligent treatment
The date that you realised that the negligent treatment led to avoidable or unnecessary harm, otherwise known as the date of knowledge
The date of knowledge is applied in medical negligence claims, as you might’ve only realised that you received substandard care at a later date than when you were treated. This time limit is established under the Limitation Act 1980, to prevent claimants from bringing cases indefinitely.
There are however two exceptions to this time limit; claimants who lack the mental capacity and claimants who are under 18. This is because both groups of claimants are unable to make a claim on their own behalf.
For those under 18, their time limit will run from the date of their 18th birthday to the date of their 21st birthday. Claimants who lack mental capacity will have a resumed time limit if a full recovery is made, and the time limit would run from 3 years of the date of recovery.
However, a litigation friend can be appointed at any point while the time limit is not in effect to manage the claim on behalf of the harmed party.
Contact us today to learn if your claim would still fall within the permitted time limit.
Common IVF Or Fertility Clinic Negligence Examples
Below, we discuss the most common examples of how fertility negligence claims can arise:
Mixed Up Embryo Or Sperm
Sperm or embryonic samples could be confused or mixed up, particularly if they have been mislabelled. Healthcare professionals should properly assess these samples before utilising them, and in some cases, where the embryo or sperm has been confused, it can cause devastating effects.
It might mean a child is born to an unintended biological parent, leading to a range of complications.
Errors In Storage Of Sperm Or Egg
Both sperm and egg samples must be stored under certain conditions to ensure viability. Additionally, under the Human Fertilisation and Embryology (Statutory Storage Period) Regulations 2009, embryos or gametes can only be stored for 10 years before they must be destroyed. If they’re stored for longer than this, the samples will deteriorate.
Improperly stored samples can lead to failed IVF cycles, which can have not only an emotional but a financial impact on you.
Delayed Or Misdiagnosis Of Ectopic Pregnancies
An ectopic pregnancy happens if a fertilised egg implants itself outside of the womb. This could occur in a narrow fallopian tube, posing health concerns and severe issues for the mother as the egg begins to grow. Failure in diagnosing an ectopic pregnancy can have catastrophic consequences such as sepsis or even death.
An example of how a doctor might fail to diagnose or misdiagnose an ectopic pregnancy could be if:
A doctor misdiagnoses an ectopic pregnancy as a miscarriage, due to the similarities in symptoms. As a result, you suffer a burst fallopian tube, leading to severe digestive harm, as well as the development of sepsis.
Faulty Equipment Used
Using faulty equipment during IVF or fertility treatments could lead to fertility negligence claims if harm was caused as a result. Using defective equipment can ultimately lead to the destruction of viable embryos, particularly if there are temperature control issues and mishandling of samples.
These examples we have explored above are not the only ways in which fertility negligence can arise, so if your circumstances differ, please don’t worry. Contact us today to discuss your potential claim and learn how our solicitors can assist you.
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How Can I Claim For Fertility Medical Negligence?
In order to make a fertility negligence claim, as with your special damages, you must have evidence that irrefutably proves that your harm was caused by the negligent treatment you received.
We can do this through documentation that acts as your evidence, which may include:
Correspondence between yourself and the medical institution, such as the hospital or IVF clinic
GP or medical records to determine any prescriptions or changes after the negligent treatment
Results of scans or x-rays
Contact details of anyone who might’ve witnessed the substandard treatment who we can later contact for a witness statement
At JF Law, we understand that suffering harm can have lifelong impacts on yourself and your wider family. That is why by choosing to work with us, you wouldn’t be expected to gather this evidence alone. Our solicitors will offer assistance in collecting this evidence, allowing you to focus on your recovery.
No Win No Fee Fertility And IVF Compensation Claims
Our solicitors at JF Law work on a No Win No Fee basis, through a contract called a Conditional Fee Agreement.
This can be a beneficial way of making your fertility negligence claim, because it means that you wouldn’t have any upfront solicitor’s fees, no fees to progress your claim and also no fees for your solicitor’s services become payable if your claim were unsuccessful.
If your claim were successful, a small fee would be deducted from your compensation, which is a limited percentage in line with the Conditional Fee Agreements Order 2013 to ensure that you receive the majority of your compensation.
As well as this, by working with our experienced solicitors, you could expect:
Regular updates about the progress of your claim
Ensuring that your claim is started within the permitted time limit
Explanations of complex legal language and the claims process
Assistance in collating supporting evidence
Arranging an independent medical assessment if required
Working with you to develop a recovery or rehabilitation plan that suits your needs
Connecting you with medical professionals, such as occupational or physical therapists
This isn’t all that our solicitors could help you with. At JF Law, our team has combined decades of experience advocating for claimants like yourself and is committed to providing you with the best possible legal advice and support.
Contact Us
To get in contact with our friendly advisors, you can:
Call us on 0151 375 9916
Fill out our online claim form
More Information
Why not read our other guides about:
- How to make a cancer misdiagnosis claim
- Start a medication error claim
- Birth injury claims
Useful External Resources:
Guidance for managing sick leave and returning to work from the Health and Safety Executive
How to claim Statutory Sick Pay from GOV.UK
NHS advice about IVF treatments
If you have any further questions about claiming compensation for fertility negligence or if you would like to get a claim started, please get in touch with us.
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