Fertility Negligence Claims

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.

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.

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.

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.