In recent years, the world of Assisted Reproductive Technology (ART) has faced troubling reports of medical negligence. Monash IVF, a leading fertility clinic, was recently at the centre of a major class action after allegations that a non-invasive genetic test developed by its laboratories, meant to determine the viability of embryos, may have resulted in embryos being incorrectly classified as abnormal. As part of the class action, it was alleged that this led to the destruction of potentially viable embryos, affecting hundreds of women and families across Australia.
On 22 August 2024, it was announced that Monash IVF had agreed to settle the class action (which involved 700 group members) for the sum on $56 million without admission of liability. This means that the allegations will not be heard in Court with Monash IVF group stating: “Whilst we have defended the claim, we believe it is in the best interests of our patients and people to resolve the matter rather than go to trial”. The agreed settlement is now subject to the Court’s approval.
The case raised serious concerns about the conduct of fertility clinics, with allegations that Monash IVF destroyed embryos without consent, forged patient signatures, and had a scientist who went as far as burning documents to cover up the mistakes. Read more on ABC News.
This situation highlights the impact of medical negligence in the context of fertility treatment. For many people, the embryos that were destroyed as a result of the alleged inaccurate testing could have been their last chance to have a family. The impact of such a loss is profound, leading to potentially unnecessary additional treatments, feelings of failure, disappointment, and deep psychological distress.
Unfortunately, the Monash IVF case is not an isolated incident. As ART becomes more common, we are seeing an increase in claims related to negligence in this area. These claims often extend beyond simple medical errors and may include:
- Misleading and Deceptive Representations: Fertility clinics may make claims about the quality of donor sperm, eggs, or the accuracy of genetic testing that are incorrect. If you have relied on such information, you may have grounds for legal action.
- Breach of Consumer Guarantees: Under Australian Consumer Law, medical services must be provided with due care and skill and be fit for purpose. If a clinic fails to meet these standards, affected patients may be entitled to compensation.
- Destruction of Embryos: The inadvertent destruction of embryos due to negligence is a heartbreaking loss for families. This irreversible mistake often results in profound emotional distress, which can have long-lasting effects.
What Should You Do If Something Goes Wrong?
If you suspect that negligence has occurred during your ART treatment, it’s crucial to seek legal advice as soon as possible. The legal relationship between you and your fertility clinic is unique, and various causes of action might be available to you, including claims of negligence, breach of contract and breaches of consumer guarantees under the Australian Consumer Law. The appropriate legal strategy will depend on the specifics of your case and the loss you have suffered.
At The Law Office of Conrad Curry, we understand the complexities involved in ART-related negligence cases. We can help you navigate the legal process, ensuring that you receive the support and compensation you deserve. Our experienced team is here to advise you on the best course of action tailored to your circumstances.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.
