Advances in infertility treatment and reproductive endocrinology over the last fifty years have helped many people with fertility issues grow their families. For example, IVF, or in vitro fertilization, allows medical professionals to establish successful pregnancies by creating embryos outside of human bodies. While IVF has enabled millions of people to realize their dreams of becoming parents, some people have suffered tragic losses due to mistakes made during the IVF process. IVF errors are usually the result of carelessness, and anyone harmed by the negligence of their fertility specialist should speak to an attorney about whether they may be able to recover compensation in a medical malpractice lawsuit. The skilled Baltimore medical malpractice attorneys of Arfaa Law Group are mindful of the devastating impact IVF errors can have on people’s physical, emotional, and financial health, and if you suffered harm because of such mistakes, we can help you seek justice for your losses.Common IVF Errors
IVF is the process of extracting an egg and sperm from parties and joining them in a petri dish so that the sperm can fertilize the egg and create an embryo. The embryo is then transferred to a woman’s uterus, where it can implant and develop into a fetus. In some instances, embryologists will inject sperm directly into an egg to facilitate fertilization.
Numerous mistakes can occur during the IVF process that ultimately causes harm to parties wishing to become parents. For example, IVF clinics may use the wrong sperm or egg to create an embryo or may transfer the incorrect embryo into a woman’s uterus. In some instances, healthcare providers will damage sperm samples, eggs, or embryos prior to fertilization or transfer, ruining the chance of a viable pregnancy. Additionally, reproductive endocrinologists may make errors during the delicate process of transferring embryos. Parties can also suffer harm due to their doctor’s failure to fully inform them of the risks and potential side effects of undergoing IVF.Compensation for Losses Caused by IVF Errors
IVF errors can rob people of their health or ability to become parents. While monetary compensation alone is generally inadequate to surmount such losses, it can help mitigate some of the financial burdens caused by such mistakes. In most instances, people harmed by IVF errors will assert negligence claims against their doctors in a medical malpractice lawsuit.
Under Maryland law, a plaintiff seeking to prove the negligence of a defendant doctor must establish that the doctor owed them a duty and that they breached the duty owed. The duty physicians owe their patients is to provide care that meets the applicable standard, which is the care that a competent professional working in the same specialty would offer under the circumstances. Any treatment that fails to comply with the standard of care constitutes a breach. In most medical malpractice cases, the plaintiff will need to retain a medical expert that works in the same practice area as the defendant to explain the standard of care to the judge or jury and how the defendant deviated from the standard.
Once the plaintiff establishes the duty owed and a breach of that duty, they must establish that the breach proximately caused them to suffer measurable harm. In other words, they need to show that their injuries would not have occurred absent the breach, which typically requires expert testimony as well. A plaintiff that sufficiently proves a defendant’s fault may be awarded damages for their financial losses, like the cost of any necessary medical care and out-of-pocket expenses, and for their intangible harm, like the emotional and mental distress, suffering, and pain caused by the defendant’s negligence.Talk to an Experienced Baltimore Attorney
IVF has helped many people begin successful pregnancies, but for some, careless oversights and mistakes before and during the course of IVF have caused emotional and physical trauma. If you suffered damages because of IVF errors, you have the right to pursue compensation from the providers that caused your harm, and you should talk to an attorney about your possible claims. The experienced Baltimore lawyers of Arfaa Law Group take pride in helping people whose lives have been shattered by medical negligence hold the parties responsible for their losses accountable, and if we represent you, we will work tirelessly on your behalf. We regularly represent people in medical malpractice cases in Baltimore, where our office is located. You can contact us via our form online or by calling (410) 889-1850 to set up a confidential and free meeting.