Can I Sue My IVF Clinic?
The use of online DNA testing has brought to light a shocking reality for many families: their children born through fertility clinics may not be biologically related to one or both of them. This can happen due to a sperm or embryo mix-up, or even intentional misconduct. Unfortunately, these discoveries often don’t occur until years after the child is born.
You can sue a fertility clinic is you’ve been a victim of the following:
- Lost or Destroyed Embryos
- Wrong Sperm Used
- Wrong Embryo Implanted
- Botched Genetic Testing/Screening
- Fertility Center Misconduct
- Physical Injuries
How Long Until You Can Sue Your Fertility Clinic?
In many states, there is a very short window to file claims against fertility clinics. In California, for example, the statute of limitations for medical malpractice claims is typically one year, as outlined in California Code of Civil Procedure Section 340.5. However, most states have what is called the “delayed discovery rule,” which can extend this time frame. In California, this rule is outlined in Code of Civil Procedure Section 340.1 and states that “the time for commencing an action shall be suspended during the time that the person injured by the wrongful act or neglect is prevented from discovering the injury or is reasonably ignorant of the facts by reason of the wrongful act or neglect of the defendant.”
This means that if a family doesn’t discover that their child is not biologically related to them until years after the child was born, they may still be able to make a claim against the fertility clinic. Our law firm has represented multiple families who didn’t discover they were the victims of fertility center misconduct until over a decade later.
Damages You Can Recover
If a family is successful in their claim against a fertility clinic, they may be able to recover damages for the following:
- Pain and suffering (including emotional distress)
- Medical expenses
- Lost wages
- Loss of consortium
- Punitive damages (if the misconduct was intentional)
If you or a loved one has recently discovered that your child born through a fertility clinic is not biologically related to one or both parents, we invite you to contact our team of fertility malpractice lawyers to discuss your legal options. We handle cases in all 50 states. The initial consultation is free and strictly confidential. We understand that this is a difficult and emotional time, and we are here to help guide you through the process and fight for your rights.