Many people rely on assisted reproductive technology (ART) (including IVF and IUI treatment) to fulfil their dreams of starting their family. According to the Hudson Institute, Australians are among the highest per capita users of IVF with approximately 5% of children (1 per classroom) conceived using reproductive medicine.
ART has given millions of people around the world renewed hope in their quest to start a family. For those who choose to use ART, it soon becomes apparent that it is costly not only financially, but also in terms of the physical and mental toll.
Negligence in IVF Care?
Unfortunately, we have recently seen a very concerning increase in negligence in the ART setting, ranging from the inadvertent destruction of embryos to inaccurate or unreliable testing for genetic abnormalities. Some claims give rise to other causes of action such as:
- Reliance on misleading representations made by a clinic. Such representations may be about the quality of donor sperm or the nature of genetic testing
- Breach of consumer guarantees under the Australian Consumer Law: Services that are not fit for purpose, or not provided with due care and skill
When ART treatment goes wrong, it may result in a devastating loss of what may be for some, their last opportunity to have a family. The personal toll can be permanent and debilitating, and in many circumstances leave the victims with feelings of failure and disappointment and may lead to serious psychological injury.
What Do I Do if Something Goes Wrong?
Because of the unique contractual relationship between the parties, there are a number of causes of action available including negligence and breach of consumer guarantees under the Australian Consumer Law: Services that are not fit for purpose, or not provided with due care and skill. The interplay between these areas of law and the remedies available will depend on the loss suffered. We can advise you on the most appropriate case strategy which will be tailored to the facts in your case.
Related Articles
- ARB v IVF Hammersmith and R [2018] EWCA Civ 2803 – Wrongful Birth
- IVF Genetic Testing Incontentia Pigmenti- Sandra & Stewart’s Story
- Deprivation of pregnancy
- Compensation for mistakes made by IVF clinics
To read more about our cases of genetic testing, click on the link below:
