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Having a baby should be a time of joy and happiness as you prepare for the birth of your child. However as many as 10% of couple trying for a baby will meet the clinical definition of infertility and have to rely on infertility treatment (IVF) for help. IVF gives couples that would normally be unable to have children, the chance to become parents. Whilst mistakes in IVF treatment are uncommon, when mistakes do happen they can have catastrophic consequences and tend to make news headlines.
Mistakes in IVF treatment tend to be rare - 37,000 women receive IVF cycles every year and only a very small percent of these are problematic. However, recently several cases of compensation for clinical negligence have been claimed following implantation mix-ups and lost or damaged eggs.
In a high-profile case, a white couple gave birth to black twins after a mistake made at an IVF unit in Leeds where sperm from a black donor was thought to have been implanted into the wrong eggs. The error only came to light once the twins were born and their difference in skin colour was apparent. Not only did the couple have to face the trauma of the discovery but they also then had to go through lengthy legal proceeding to determine who had legal parentage of the children.
Similarly, eggs from three women being fertilised had to be abandoned after an administration error led to them being implanted with the wrong men's sperm meaning they had to go through more IVF cycles.
Likewise equipment failure can occur – in Bristol earlier this year six male patients whose sperm had been stored sued an NHS trust after a freezer broke down and their sperm was destroyed.
Undergoing IVF treatment can be stressful enough without the added worry of IVF mix-ups. No matter how an IVF treatment error occurs, the effect on the couple is still just as devastating.
Valuing compensation claims for this form of medical negligence can therefore be hard to calculate as these are cases which result in psychological rather than physical injury.
Unfortunately, the compensation that is awarded in such instances is surprisingly low. Earlier this year a couple settled their case against Cardiff and Vale NHS Trust for £25,000 following an IVF error. Considering that after one round of free NHS fertility treatment all subsequent cycles of IVF cost between £4,000 and £8,000, this sum is not very high.
The Human Fertilisation and Embryology Authority has regulatory powers over clinics including both private and public sectors to limit the amount of work carried out and ensure that stringent standards are met. However, as the demand for IVF treatment rises, clinics are likely to try and exceed the work limitations set by the authority which no doubt will lead to a rise in IVF treatment errors and subsequent claims for clinical negligence compensation.
YouClaim can help you gain the compensation you deserve
If you have suffered unnecessary psychological trauma following clinical negligence towards your fertility treatment, YouClaim are the people to call. Having placed your hopes of having a child into the hands of a medical practitioner, we understand the devastating effect that a break in that trust can cause. We are sensitive to our customers needs at all times and appreciate what a difficult time it can be in their lives.
Free and impartial legal advice
If you or your family have been affected by clinical negligence, we offer free and impartial legal advice. Chat to us live via e-chat and we can advise you of all your options without any obligigation or pressure to pursue compensation for a clinical negligence claim. Simply telephone 0800 10757 95.
