The Lack of Regulation in the Fertility Industry Harms Patients


The fertility industry is a rapidly growing field, with many clinics offering a range of services to help couples and individuals conceive. However, despite the importance of this field, there is a significant lack of regulation in the industry, which has led to numerous cases of misconduct and malpractice.

The lack of regulation in the fertility industry not only allows for misconduct and malpractice, but also allows for unethical and illegal practices to go unnoticed. One of the most shocking examples of this is the case of Dr. Ricardo Asch, a former professor and fertility specialist at the University of California, Irvine. In 1995, it was discovered that Dr. Asch and his colleagues had implanted embryos harvested from women into other patients, without their knowledge or consent. This led to numerous lawsuits and a significant loss of trust in the fertility industry.

In 2018, a couple in Ohio filed a lawsuit against a fertility clinic after it lost six of their embryos. The clinic had stored the embryos in a tank that malfunctioned, causing the embryos to thaw and be destroyed. This tragic loss is just one of many cases where embryos have been lost or destroyed due to clinic negligence.

Another common form of misconduct in the fertility industry is the use of expired embryos. In 2019, a New York clinic was sued for using expired embryos in a patient’s IVF cycle. The patient had been told that the embryos were fresh, but later found out that they were several months old. The use of expired embryos greatly decreases the chances of a successful pregnancy and can cause emotional distress for the patient.

Another serious form of misconduct is the switching of sperm. In 2017, a couple in Canada discovered that the clinic they had used had switched the sperm of the father with that of an unknown donor. This resulted in the couple having a child that was not biologically related to the father. This not only causes emotional trauma for the family, but also raises legal and ethical issues.

Even more disturbing are the numerous cases where doctors used their own sperm to inseminate patients without their knowledge or consent. This practice, known as “sperm switching,” is a gross violation of patient trust and autonomy. In some cases, patients have unknowingly given birth to children that are biologically related to the doctor, leading to emotional trauma and legal complications.

The lack of regulation in the fertility industry also allows for overcharging and unqualified operators. In 2018, a California clinic was found to have charged patients up to $5,000 more than the industry standard for IVF treatments. Additionally, the clinic was operated by unlicensed and unqualified individuals, putting patients at risk of harm.

These examples of misconduct and malpractice in the fertility industry are unacceptable and must be addressed by lawmakers. One important regulation that should be implemented nation-wide is mandatory reporting of misconduct and malpractice to state medical boards. This would allow for a centralized database of information on clinics and doctors, making it easier for patients to research and make informed decisions.

Another important regulation that should be adopted nationwide is the mandatory licensing and certification of clinics and doctors. This would ensure that only qualified and licensed individuals are performing fertility treatments and would hold clinics and doctors accountable for their actions.

Additionally, there should be mandatory informed consent laws in place for all fertility treatments, including IVF and sperm donation. This would ensure that patients fully understand the risks and potential outcomes of treatment and are able to make an informed decision.

The lack of regulation in the industry has allowed for these unethical practices to occur and has caused harm to patients. It is vital that stricter regulations are put in place to protect patients and ensure that clinics are held accountable for their actions. Until then, patients seeking fertility treatments must be vigilant and thoroughly research clinics before making a decision.

If you or a loved one have been the victim of fertility clinic misconduct, our team of fertility malpractice lawyers are here to help you. We handle cases in all 50 states. Please contact us for a free, confidential consultation. We understand how devastating and traumatic fertility clinic misconduct can be, are here to answer your questions – without any obligation. Thank you for considering our firm.