Discovering that your child is not biologically yours due to a fertility malpractice is a devastating and emotionally charged situation. The realization that the joyous addition to your family was the result of an error can leave you feeling betrayed, confused, and unsure of your legal rights. However, it’s essential to remember that you are not alone, and there are steps you can take to confirm what happened, protect your family, and enforce your rights. Below is a step-by-step guide to help victims navigate this challenging situation.
Get copies of any DNA or paternity tests. Request all of your medical records and bills relating to fertility, the pregnancy, and the birth. This includes records from the fertility clinic, your OB/GYN, and the medical facility where your child was born. Make sure to gather any contracts you signed with the fertility clinic, and any emails or communications you had with the clinic. These things may all provide crucial evidence down the road.
When you first learn of the problem, do NOT tell the fertility clinic or doctor that you are intending to make a claim. Try to get all of the information listed above BEFORE they shield themselves with lawyers and claims representatives, and before documents go “missing”.
If the fertility clinic is already aware of the malpractice, they may try to get you to sign a release of liability or try to buy you off with a low-ball settlement or a refund. Do NOT sign anything before talking to a lawyer. Likewise, do NOT cash any checks or accept any money from them before talking to a lawyer. Otherwise, you may unwittingly forfeit your right to make a claim later on.
Families who have been affected by this issue can seek justice through a fertility malpractice lawyer. Our firm has experienced attorneys who will fight for families against fertility clinics and their insurance companies to recover damages for the harm they suffered. If you have been affected by fertility clinic malpractice, you’re not alone. We invite you to call us for a free, confidential initial consultation. We understand the devastating impact this can have on families and will work tirelessly to help you seek justice and closure.
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.