Contact Us

Botched Genetic Testing/Screening

Our Lawyers Help Victims of Botched or Negligent Genetic Testing and Disease Screening

Fertility doctors perform a variety of genetic testing and screening on parents, eggs, sperm, and embryos to determine their genetic health and to help identify any diseases, genetic disorders or chromosomal abnormalities.  The purpose of these tests is to ensure the health of the mother and any potential children. 

Unfortunately, fertility centers and testing labs don’t always follow proper procedures, and genetic testing or disease screening of parents, eggs, sperm, and embryos can be affected by errors made by doctors or laboratory personnel. Fertility Law Group brings more than 25 years of legal experience to complex fertility malpractice cases, helping families understand what went wrong and pursue accountability when negligent testing or screening causes harm. Some of the main factors that can contribute to testing errors include:

Sample Contamination

If the sample used for testing is contaminated with cells from another source, it can lead to inaccurate results. This can occur if the sample is not handled properly or if there is a problem with the laboratory's equipment or procedures.

Laboratory Errors

Mistakes made during the testing process, such as mislabeling samples or using expired reagents, can lead to inaccurate results.

Technical Limitations

Certain genetic testing methods, such as FISH, are only able to detect a limited number of chromosomal abnormalities. This means that if the testing method used is not able to detect the specific abnormality being screened for, the results will be inaccurate.

Sample contamination

If the sample used for testing is contaminated with cells from another source, it can lead to inaccurate results. This can occur if the sample is not handled properly or if there is a problem with the laboratory's equipment or procedures.

Laboratory errors

Mistakes made during the testing process, such as mislabeling samples or using expired reagents, can lead to inaccurate results.

False positives or negatives

Human error, such as misinterpretation of data, can also lead to inaccurate results.

Technical limitations

Certain genetic testing methods, such as FISH, are only able to detect a limited number of chromosomal abnormalities. This means that if the testing method used is not able to detect the specific abnormality being screened for, the results will be inaccurate.

Human error

Fertility treatments such as egg retrieval and embryo transfer can cause bleeding, which can lead to complications such as pain, infection and in rare cases, damage to the reproductive organs.

Failure to properly communicate test results

If the fertility center does not properly communicate test results to the patient, the patient may not fully understand the implications of the results, which can lead to confusion and dissatisfaction with the outcome.

False Positives or Negatives

Errors in equipment calibration or misinterpretation of data can lead to inaccurate results or failure to record and notify patients of potential risks.

Human Error

Sloppy paperwork, failure to follow testing protocols (or sometimes the absence of any protocols) can have devastating consequences for parents and their unborn children if genetic risk factors or diseases are not detected or recognized.

Failure to Properly Communicate Test Results

If the fertility center does not properly communicate test results to the patient, the patient may not fully understand the implications of the results, which can lead to confusion and dissatisfaction with the outcome.

These are just a few examples, and fertility centers can botch genetic testing or screening of embryos in many different ways. When genetic testing or screening is done incorrectly, it can have serious consequences for patients, such as:
  • Miscarriage.
  • Stillborn baby.
  • Diseases such as HIV, CMV or HPV from contaminated sperm.
  • Having a child with serious birth defects, physical deficiencies, or mental impairment, which may necessitate a lifetime of costly medical care, special education, or home care.
  • Lost Wages necessitated by caring for a child born with special needs.

Get Help Now

If you have questions about your rights or your options, please contact us for a free consultation. There is no obligation and we keep all inquiries strictly confidential.

What Types of Genetic Testing Can Be Negligently Performed?

Modern medicine can screen for numerous genetic disorders. Some examples of genetic testing and screening include:
  • Preimplantation Genetic Diagn (PGD): This is a test that is performed on embryos prior to implantation to detect certain genetic disorders or chromosomal abnormalities. PGD can be used to test for specific genetic diseases, such as cystic fibrosis or sickle cell anemia, or to test for chromosomal abnormalities, such as Down syndrome.
  • Preimplantation Genetic Screening (PGS): This is a test that is performed on embryos prior to implantation to screen for chromosomal abnormalities. PGS can help identify embryos that have the correct number of chromosomes (euploid) and are more likely to result in a successful pregnancy.
  • Comprehensive Chromosome Screening (CCS): This is a test that is performed on embryos prior to implantation to screen for chromosomal abnormalities. CCS can help identify embryos that have the correct number of chromosomes (euploid) and are more likely to result in a successful pregnancy.
  • Karyomapping: This is a test that is performed on embryos prior to implantation to identify specific genetic disorders, such as cystic fibrosis, sickle cell anemia, or Tay-Sachs disease.
  • Array-Comparative Genomic Hybridization (aCGH): This is a test that is performed on embryos to screen for chromosomal abnormalities, such as Down syndrome, Turner syndrome, and others.
  • Next Generation Sequencing (NGS): This is a test that is performed on embryos to screen for chromosomal abnormalities and genetic disorders.

What Types of Damages Are Available To Families Who Are Victims of Negligent Genetic Testing?

Families who are victims of negligent genetic testing or screening can suffer significant damages including (1) economic damages (e.g., past and future medical bills, lost wages, life care expenses) and (2) non-economic damages (e.g., emotional distress, mental anguish, and pain and suffering).
  • Economic Damages: Economic damages include things like medical expenses for treatment relating to diseases contracted from contaminated sperm, miscarriages, late term abortions, or injuries suffered from these procedures. It can also include lost wages of parents and crippling future expenses for the care of a child born with genetic disorders or problems caused by diseases such as CMV. In many cases, children born with genetic disorders or diseases require a lifetime of future medical care or home/educational services. These damages can be many millions of dollars over a child’s lifetime. Our lawyers work with the foremost lifecare planning experts in the country, who can put together a comprehensive life care plan that outlines the projected future medical and non-medical needs of a child born with a permanent disability. These lifecare plans, which often outline millions of dollars’ worth of care, can be used in settlement negotiations or, if needed, in court proceedings to help establish the costs associated with caring for the disabled individual over their lifetime.
  • Non-Economic Damages: Families who are victims of negligent genetic testing or disease screening often suffer severe trauma—both physical and mental. The malpractice lawyers at Fertility Law Group spend significant time meeting with and listening to our clients so that we understand every aspect of what they have been put through and continue to go through because of a fertility clinic’s misconduct. We are experts at communicating this pain and suffering to the other side during settlement negotiations and—if necessary—to a jury. Our trial lawyers have won numerous, multi-million dollar verdicts based entirely on emotional distress.
  • Conclusion: There are very short time limits for filing claims against fertility clinics, so if you or a loved one has been the victim of fertility clinic malpractice or misconduct, it is crucial to act right away. Please contact us for a free, confidential consultation. The attorneys at Fertility Law Group can help you navigate the legal process and fight for the compensation you deserve.

Frequently Asked Questions: Genetic Testing Errors

Can we sue if preimplantation genetic testing (PGT-A) results were wrong?

Potentially, yes. Claims are emerging nationwide against testing companies and clinics over PGT-A results that misclassified embryos, including healthy embryos labeled abnormal and discarded, and abnormal embryos transferred as normal. These cases can involve negligence, misrepresentation, and consumer protection theories, depending on what the lab and clinic knew and told you.

Our child was born with a genetic condition that testing was supposed to detect. Do we have a case?

You may. When parents pay for genetic screening precisely to avoid passing on a known condition, and the testing or its interpretation was done negligently, many states recognize claims for the extraordinary costs of caring for the child, and in some states additional damages. These are medically complex cases that require careful expert review of the testing records.

What if viable embryos were discarded because of a testing error?

Discarding a healthy embryo based on an erroneous result is a permanent, uncompensable loss for the family, and a potentially significant legal claim. For patients with few embryos or diminished reserve, a single wrongly discarded embryo may have been their best chance at a child, and damages are evaluated accordingly.

Who is responsible: the fertility clinic or the genetic testing company?

Often both share responsibility. The lab that performed or interpreted the testing, the clinic that selected the lab and communicated results, and sometimes the manufacturer of testing technology may each bear fault. Claims against testing companies are generally not medical malpractice claims, which can mean damage caps do not apply.

How long do we have to bring a genetic testing claim?

It depends on your state and on when you discovered, or reasonably should have discovered, the error. Families often learn of testing mistakes only at birth, or years later when a condition manifests, and discovery rules may preserve claims in those circumstances. Because deadlines can be short once discovery occurs, prompt legal advice matters.