General information, not legal advice. New York procedure in this area is technical; consult a lawyer about your facts.
New York: Big Market, Real Precedent
New York has both a large fertility industry and some of the country’s foundational mix-up law — including Perry-Rogers v. Fasano, an early wrong-embryo case that still shapes how courts think about parentage after an embryo mix-up. More recently, a New York clinic settled claims by a woman whose frozen eggs were destroyed — a reminder that egg-loss claims are viable and valuable here.
No Damage Caps in New York
New York does not cap damages in medical malpractice cases. Emotional distress from the loss of embryos or eggs — typically the heart of a fertility case — can be fully compensated.
New York Deadlines
Medical malpractice claims generally carry a two-and-a-half-year limitations period, with important nuances (continuous treatment, discovery rules for certain claims, and different periods for non-malpractice theories like contract or fraud). Because fertility errors are often discovered late, which theory applies can decide whether a case survives.
Talk to Us
We evaluate New York fertility matters — embryo and egg loss, mix-ups, storage failures, and fertility fraud. Contact us for a free, strictly confidential consultation.