Compensation for Victims of Malpractice in Fertility Cases

 Posted on July 19, 2022 in Medical Malpractice

The recent Netflix documentary Our Father is bringing new attention to an extreme case of reproductive malpractice. The show highlights the history of an Indianapolis-area fertility doctor who impregnated unsuspecting women with his own sperm over the course of several decades. Many of the women were expecting to be impregnated by anonymous sperm donors, but others were expecting the offspring to be with their own husbands. To date, 94 children have been identified. So far, he has only been found guilty on a few counts of obstruction of justice and has escaped criminal prosecution for his actions. Individual lawsuits from some of the affected mothers and children, now middle-aged adults, have been more successful in collecting damages.

Examples of Reproductive Negligence and Malpractice

While this is an extreme example of malpractice, related cases of embryo mistransportation are not unknown. This can include implanting a woman undergoing fertilization treatments with the wrong sperm or eggs. This can lead to a woman unknowingly being impregnated with another couple’s child, having a child with an unknown party, or having a child born with a birth disorder or birth defect that should not have occurred.

Other examples of reproductive malpractice could include:

• Loss or destruction of embryos – Carelessness or other clinical errors can lead to embryos being mistakenly misplaced or destroyed.

• Negative side effects from fertility drugs – While fertility drugs can be helpful in assisting a couple to conceive or a woman to become impregnated, they can also have disastrous side effects if patients are not properly screened.

• Injuries during infertility treatments – Negligence during in vitro fertilization procedures can cause serious harm to the mother, including injuries, infertility, and in extreme cases, wrongful death.

In vitro fertilization and other reproductive technology procedures have given hope to many couples who have encountered issues with having children. While cases of reproductive malpractice or negligence may be rare, they can be especially emotional for those individuals who may have already been through a difficult reproductive struggle.

Trust a Chicago Reproductive Law and Injuries Attorney

What should be a joyful and life-changing time in a potential parent’s life can go tragically wrong due to medical malpractice. If you have suffered an infertility injury or other malpractice case related to reproduction, the experienced Chicago reproductive law attorneys of Winters Salzetta O'Brien & Richardson, LLC are ready to help with your case. We will provide you with experienced representation and counsel and hold the responsible parties accountable. Call our office at 312-236-6324 to schedule your free consultation today.

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5401702/

https://www.newsweek.com/our-father-where-dr-donald-cline-now-today-what-happened-netflix-1705288

https://fox59.com/morning-news/angela-answers/dr-donald-cline-pays-1-35m-in-donor-siblings-civil-case-settlements-what-we-uncovered/