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.
