Pregnancy & Gynaecology Injury Claims

Fertility Negligence Claims

Going through fertility treatment can be an anxious, emotional time for parents. Although no treatment guarantees a successful pregnancy, you should feel safe in the knowledge that you’re receiving a good standard of care from the fertility clinic.

Our solicitors have seen the impact that failures in fertility treatment can have on parents, both emotional and physical. We could help you claim compensation if you’ve received negligent care during the course of:

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

We’ve supported many families who had substandard care at NHS services and private clinics, with cases often involving:

  • Loss or destruction of embryos or sperm
  • Reduced fertility caused by surgical negligence
  • Failure to screen donor sperm properly

Our team is one of the UK’s most well-respected medical negligence departments. We have the expertise to get you compensation that reflects the consequences of the negligent fertility treatment you received. We’ll seek an explanation from the clinic responsible, along with assurances that the same issue won’t happen again to another family.

We represent most of our clients on a No Win No Fee* basis – this means you won’t have to worry about legal costs during your case.

If you’ve been affected by negligent fertility treatment, contact our legal experts on 0800 121 6567 for free initial advice about your case.

Experience with complex fertility cases
Recognised by independent legal guides
No Win No Fee*
Offices across the country

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Fertility Negligence Claims - More Information
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • How Long Do I Have To Make A Claim?
    • You have three years from the day you received negligent fertility treatment to make a compensation claim (or three years from the day you first became aware that you’ve received negligent treatment). However, it’s important to get in contact with us as soon as possible so that we can start our investigation into your case.

      Time limits abroad are different to the UK, so if you had negligent fertility treatment in a foreign country you should seek legal advice immediately. Our International Personal Injury team may be able to help you with such a claim.

      If you have questions or concerns about the time limits, please call us for free initial advice on 0800 121 6567.

    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • Meet Our Experts
    • As the largest medical negligence department in the country, our solicitors are highly rated by independent legal guides.

      We have years of experience in securing compensation for those who’ve suffered as a consequence of medical errors. Our solicitors are aware that every claim is different and we make sure that we understand the care and support you need.

      Getting an apology and explanation for what’s happened can be just as important as the compensation award. We’ll take the necessary steps to help you make a complaint and will campaign to ensure systems are put in place to ensure the same thing doesn’t happen to somebody else.

They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Frequently Asked Questions

What Constitutes Negligence In Fertility Treatments?

We’ve represented many families who have received substandard fertility treatment. Our lawyers understand the emotional and physical impact it can have, and have experience supporting people who have been affected by a number of different kinds of negligence.

The fertility negligence cases we’ve been involved with include:

  • Laboratory mix ups
  • Errors in the witnessing process used to verify the identity of embryos
  • Loss or destruction of embryos and sperm samples, whether by accident or equipment failure
  • Failing to screen donor sperm adequately
  • Failure of equipment leading to sperm samples or embryos being destroyed
  • Reduced fertility caused by a surgical procedure or delay in diagnosis of a medical condition

The consequences of care failures can be extremely serious, with long-term emotional and physical effects. We know that the process of assisted conception can be a very stressful time and its failure can have a devastating impact both on you and your family.

Our solicitors will guide you through your claim with sensitivity and professionalism, investigating what went wrong and securing compensation for your suffering. Please phone 0800 121 6567 for more information on making a claim for fertility negligence.

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What Factors Will My Compensation Take Into Account?

Your compensation depends on your individual circumstances. For example, if your fertility has been affected or lost as a result of surgical negligence, the compensation will reflect the emotional impact that this has had on you and your family. It’ll also take into account...

... any time you’ve had to take off work, and the cost of any specialist treatment you required.

If you’ve suffered because of a delay in treatment or surgical errors, it’s also possible to claim the costs of IVF or other assisted conception techniques in the private sector. We’ve represented many women who were left infertile due to care failures and reliant on IVF to conceive. To find out more about making a claim, call one of our legal advisers on 0800 121 6567 for a free initial consultation.

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Who Can Claim Compensation For Negligent Fertility Treatment?

In most cases, it’s the person who has undergone fertility treatment who is entitled to claim compensation for the physical, emotional and financial consequences of any negligent care.

Children who were born after IVF may also make a claim if there were any errors or mix-ups during the fertility treatment. For example, we represented a child who inherited a genetic abnormality because of a failure by a clinic to adequately screen the donor sperm.

It may also be possible for the partner of someone who has received fertility treatment to pursue a claim for compensation if they’ve been directly affected by the negligence.

If you’re unsure whether you have a claim for fertility negligence, please call one of our legal experts on 0800 121 6567 for free initial advice.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven occasions.
"'One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

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We campaign for patient safety and justice.

As well as securing compensation and rehabilitation for our clients, we also campaign for changes to patient safety by supporting Action against Medical Accidents (AvMA).

This UK charity provides advice and support to people who have suffered because of lapses in patient safety, working in partnership with health professionals, the government and the NHS to ensure that safety guidelines are followed.

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Our offices are located in major cities throughout the UK and have excellent transport links.

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