If you were the victim of misconduct or fraud by your fertility clinic provider, you should contact Spiros Law, P.C. immediately. You should not be forced to face the consequences of someone else’s wrongdoing. You thought you could trust your doctor and the medical team to handle the IVF process carefully. Unfortunately, they made a mistake that resulted in injury, expenses, and other losses. You have a right to hold them liable for what they’ve done and seek the justice you deserve.
At Spiros Law, P.C., our team of dedicated and experienced Kankakee fertility and IVF misconduct lawyers will advocate for your rights and fight by your side until the end. Fertility treatments are expensive and risky. It can be an incredibly emotional and overwhelming journey. If the fertility treatments don’t go as planned and you find out it was due to the doctor’s mistakes, you could file a lawsuit to seek compensation.
Learn more about the services Spiros Law, P.C. offers and how we can help you with your fertility misconduct case by calling (815) 929-9292 for a free consultation today.
Types of Fertility Treatments
Advances in science and medicine have paved the way for solving reproductive challenges. Many families have trouble conceiving naturally due to their age, medical conditions, or other problems. With fertility treatments, patients have an opportunity to expand their families by choosing from a range of different procedures.
The most commonly used fertility treatments are:
- In vitro fertilization (IVF) – This involves collecting the sperm and egg and fertilizing it in a lab. The embryo is then placed into the mother’s uterus. During IVF, the potential mother can take hormonal medication to assist with egg production during the reproductive cycle. The fertility doctor retrieves those eggs and fertilizes them with the father’s sperm in a petri dish. If successful, one or multiple embryos should develop, and the doctor can implant them into the woman’s uterus.
- Intrauterine insemination (IU) – During the mother’s ovulation cycle, a doctor collects sperm from the father to insert into the mother’s uterus.
- Embryo genetic testing (PGT) – PGT testing can occur during the in vitro fertilization process. Before transferring the embryo into the uterus, the facility can test for genetic abnormalities that can lead to various issues, such as miscarriage, congenital disabilities, or implantation failure.
- Intracytoplasmic sperm injections (ICSI) – The doctor injects sperm into the outer layer of the egg to increase the chance of conception.
- Surgical sperm retrieval (TSAP) – A surgeon places the patient under local anesthesia and retrieves sperm using a testicular sperm aspiration process.
Fertilization treatments often involve using a couple’s egg and sperm. However, medical problems and other issues could prevent you from using your own. When that happens, you could look into a donor egg or donor sperm. Donors undergo advanced screenings and sign a legal document waiving any parental rights so they can donate their eggs or sperm to people having trouble conceiving.
Potential Risks You Could Face
Anyone interested in pursuing fertility treatments should know and understand the possible risks. Doctors are supposed to walk you through the potential harm the mother and fetus could face.
Medical negligence can occur if a doctor prescribes the wrong medication or a drug that interferes negatively with other medications. Injuries to the mother or baby can result from medical negligence during the delivery.
Additionally, children conceived through fertility treatments might suffer certain developmental issues after they are born. Doctor error can cause these problems if they don’t provide the appropriate standard of care or fail to diagnose a health condition.
Many times, the fertility clinic doesn’t store or handle the embryos properly. They might mislabel the petri dish, destroy viable embryos, or implant someone else’s embryos into the wrong patient.
Common Mistakes Made by Fertility Doctors
Unfortunately, human error is a common cause of mistakes doctors make during the fertility process. It can significantly impact you and your family and potentially put your health or life at risk. You could also face massive debt after spending thousands of dollars on treatments with nothing to show for it.
It’s an emotionally painful situation to endure, especially if the doctor’s negligence was the reason for the failed treatment. Some specialists will accidentally or intentionally switch, destroy, or misplace samples. Or they might not follow acceptable screening procedures when accepting sperm and egg donations. That could result in genetic issues they could have discovered if they thoroughly screened donors before retrieval.
Other potential issues during fertility treatments are:
- Lost embryos
- Destroyed or lost samples
- Damaged frozen eggs
- Misdiagnosis of a defect or disease
- Prescribing the wrong medication or dosage
- Implantation errors
- Failing to inform the patient of risks
- Using the wrong egg or sperm sample during fertilization
- Birth defects
- Insemination with the doctor’s sperm
- Improper storage of sperm, eggs, or embryos
Planning to start a family or have more children is an exciting part of your life. If you can’t conceive naturally, there are medical options. However, you shouldn’t have to wonder if the doctor you chose made a catastrophic error that prevents you from getting pregnant.
At Spiros Law, P.C., our Kankakee fertility and IVF misconduct lawyers know the uphill battle you face. When you’re grieving the loss of a pregnancy, the last thing you want to deal with is a legal case. That’s where we come in. We can take on the responsibility for your lawsuit and handle each step of the process from start to finish. You should focus on recovering from the trauma you endured and moving forward with your life.
Compensation Available in a Fertility Malpractice Case
Fertility treatments aren’t usually covered by insurance. Hopeful couples and individuals have to pay out of pocket for treatments and related expenses. If the doctor makes a mistake, you can’t get your money back.
The financial aspect of medical negligence isn’t the only issue. You could also suffer physical injuries and psychological damage from what you endured. These losses should not be your financial responsibility if they weren’t your fault. You could hold the at-fault party liable, so you receive the compensation you deserve.
The available losses in Illinois can include:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Out-of-pocket costs
- Loss of enjoyment of life
- Emotional distress
You might also be entitled to punitive damages during a lawsuit. Instead of compensating you for the losses you suffered, this award is punishment against the defendant for their misconduct. A jury will only award punitive damages if there’s clear and convincing evidence of the at-fault party’s evil motive or reckless indifference to an unreasonable risk of harm and conscious indifference to the victim’s safety and rights.
Deadline to File a Lawsuit in Illinois
Every state has a statute of limitations, a strict timeframe for pursuing legal action against another party. Illinois has a two-year statute of limitations for cases against healthcare professionals and facilities. That means you must file your lawsuit within two years of the date of your injury if you want to seek compensation. Once those two years pass, you could lose your right to hold the negligent doctor accountable in court.
Certain circumstances could extend the two-year statute, such as:
- Disability – Incapacitated victims unable to pursue a legal case will have two years from the date they are no longer disabled to file the lawsuit. Disability, in this case, could mean being a minor or being mentally incapacitated.
- Fraud – Medical fraud cases, such as a doctor purposely withholding information to hide their mistakes, have a deadline of up to five years from the date of discovering the injury to pursue a lawsuit.
- Discovery rule – If you didn’t know or couldn’t have reasonably known about the misconduct that occurred during fertility treatments, you would have two years from the date you discovered an issue, even if the initial two-year statute already passed. However, you can’t file a lawsuit beyond four years from the date of the injury.
The Kankakee fertility and IVF misconduct lawyers of Spiros Law, P.C. are familiar with state laws regarding cases like yours. We will work diligently to prepare your case and file it with the court before time runs out.
When you hire Spiros Law, P.C., you will have a team in your corner to fight for your rights and hold the negligent doctor liable for their actions. We will tirelessly work to secure the compensation you deserve so you can recover from this devastating experience and get your life back on track. You will not be alone as we’re building your case and developing the best legal strategies for you. We will be there for you every step of the way and treat you as a priority until the end.
Our Kankakee fertility and IVF misconduct lawyers have been representing accident victims since 2005. We know what it takes to get the job done and achieve the best possible outcome. We understand that no two clients are alike, and we personalize our services to meet your needs. We will provide the one-on-one attention you require to get through this challenging time in your life.
If you were the victim of negligence during your fertility treatments, contact Spiros Law, P.C. immediately for your free consultation. We’re available 24/7 to answer your call and discuss the details of your case. We can review the circumstances of the incident with you to determine your legal options. Call us now at (815) 929-9292.