Compensation for mistakes made by IVF clinics

According to UNSW Media, almost one in 20 babies in Australia is born through IVF treatment. This means that more and more people are turning to IVF and fertility treatment to enable them to conceive a child. Unfortunately, when mistakes are made in this arena, the consequences can be devastating, in some cases tragically resulting in the lost opportunity to conceive a child or in the birth of a severely disabled child.

Unfortunately, at The Law Office of Conrad Curry we routinely see several different types of cases arising from mistakes made by IVF clinics including:

– Inaccuracy of non-invasive pre-implantation genetic testing resulting in potential inaccurate classification and/or destruction of viable embryos.

– Accidental destruction of viable embryos due to human error.

– Errors in genetic testing and/or reporting of genetic testing leading to miscarriage, termination, or the birth of a profoundly disabled child.   

– Errors in pre-implantation gender testing where there exists a risk of a sex-linked genetic disorder leading to miscarriage, termination or the birth of a profoundly disabled child.

The facts and circumstances surrounding your individual case will affect which causes of action are available to you at law. Some examples of potential causes of action include:

Negligence
To establish a claim in negligence it must be proven that the IVF clinic / fertility provider owed you a duty of care, that the duty of care was breached and that you suffered damage as a result of the breach. Damage can include things like financial loss and psychiatric injury.

In order to establish a claim for nervous shock or psychiatric injury, you must be diagnosed with a recognised psychiatric illness.

Breach of Contract
If you entered into a contract with the IVF clinic, and any actual or implied terms of the contract were breached, then you may be entitled to damages for breach of contract.
 
Misleading and Deceptive Conduct
If the IVF clinic made representations to you (either verbally or by way of published information), that were misleading and/or deceptive, and you suffered loss as a result of relying on those representations, then you may be entitled to compensation.

Breach of Implied Guarantees under the Australian Consumer Law
In providing fertility treatment, IVF clinics generally owe their patients guarantees under the Australian Consumer Law, including:
1.       ensuring that services are provided with due care and skill.
 
2.       ensuring that services provided are reasonably fit for their stated purpose.
 
Breaches of these guarantees may be considered a failure or major failure within the meaning of the ACL and you may be entitled to compensation for loss and damage.

If you are the victim of mistakes made by an IVF clinic or fertility provider you should contact us in the first instance. We can speak with you either in person, by audio visual means, or by telephone, by way of a free initial consultation – in order to understand the circumstances of your potential claim. We will talk to you about your case and advise initially whether we think the case is worth your while to investigate.

Court Proceedings
Once we have gathered the supporting documents and evidence necessary to commence court proceedings, we can do so on your behalf and act for you in those proceedings until the case is resolved.

Yes, generally three (3) years from the date on which the negligence occurred.

It is extremely important to speak with a solicitor as soon as possible if you think you have a claim.