New advances in fertility technology offer exciting opportunities for families to welcome a child into the world. Just as medical knowledge and technology are constantly changing, the legal options available to families impacted by malpractice also evolve. What should families know about how the law addresses fertility malpractice?
What regulations cover fertility clinics?
The American Society for Reproductive Medicine notes that the regulations governing fertility clinics can be complex. Several federal agencies oversee different aspects of fertility services, and individual states may have their own rules. As a result, the options available to clients of fertility clinics impacted by negligence or fraud can vary depending on where they live.
State laws increasingly address fraud and malpractice in fertility clinics.
In several states — including, in recent months, Iowa — legislatures have criminalized providing clients with false information about the biological materials used in their fertility services. This may include cases like those highlighted by national media in which doctors used their own sperm and the use of unauthorized sperm from other donors. The legislatures in several other states are currently considering proposed legislation regarding fertility law.
Legal options may be available for families impacted by fertility malpractice.
Negligence and fraud in fertility clinics can impact a patient’s finances, physical health and emotional wellbeing. Thankfully, clients and their families can hold negligent healthcare providers responsible for their actions and the impact that those actions have had on those they treat.
Because the legal landscape for these families can be complex, families may want to seek guidance as they explore their legal options.