General information, not legal advice. Every situation is different — when in doubt, call a lawyer before doing anything else. Our consultations are free and strictly confidential.
Why the First Days Matter
Whether you just received a call about lost embryos, a storage failure, or a DNA test result that doesn’t make sense, what you do in the first few days can meaningfully affect your family’s legal position. Clinics often move quickly after an incident — sometimes with apologies and paperwork, sometimes with silence. Here is what we tell families to do first.
1. Write Down Everything While It’s Fresh
Record who told you what, when, and how — names, dates, exact words. If the clinic called you, note the time and what was said. If you learned through a DNA test, preserve the results and the account they came from. Memories fade and stories change; contemporaneous notes are powerful evidence.
2. Preserve Every Document and Message
Save every email, text, patient-portal message, consent form, storage agreement, invoice, and receipt. Do not delete anything, even messages that seem unimportant. Screenshot portal messages in case access is cut off later.
3. Request Your Complete Records — In Writing
You are entitled to your medical records. Request the complete file, including embryology and laboratory records, chain-of-custody logs, storage tank records, and incident reports — not just the clinical chart. Make the request in writing and keep proof that you sent it.
4. Do Not Sign Anything
Refunds, “reimbursements,” goodwill payments, and releases often arrive quickly after an incident. Some of that paperwork permanently waives your right to pursue full compensation. A few thousand dollars does not account for what a lost embryo or a transfer error actually took from your family. Have any document reviewed by a lawyer before you sign.
5. Be Careful What You Say — and Where
Do not post details on social media or in support groups, and be cautious in conversations with clinic staff. Anything you write can surface later. Direct your questions through counsel once you have one.
6. Confirm Where Your Embryos or Gametes Are Now
If you still have embryos, eggs, or sperm stored with the clinic, get written confirmation of exactly what is stored, where, and in what condition. If you have lost confidence in the facility, an attorney can help you arrange a documented, verified transfer to another facility without jeopardizing your claims.
7. Get Genetic Confirmation Through a Reputable Lab
If the issue is a suspected mix-up, confirm it properly. Consumer tests can raise the question; a chain-of-custody DNA test answers it in a way a court will credit.
8. Talk to a Fertility Malpractice Lawyer — Early
Statutes of limitations vary by state and by legal theory, and some are short. Early counsel also means evidence-preservation letters go out before records disappear and before the clinic’s insurer frames the narrative. A consultation costs nothing: contact us any time.
What Not to Worry About Yet
You do not need to decide today whether to sue, whether to go public, or how to feel about any of it. Grief and anger are normal — these are profound losses, and the legal system does recognize them. Your only job in the first days is to preserve your options. See also: lost and destroyed embryo claims, wrong embryo transfers, and whether you can sue your IVF clinic.