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Patient Rights in a Florida Reproductive Negligence Case


Infertility affects many couples in South Florida, and it is a major health concern for purposes of public health throughout the US. According to statistics from the US Centers for Disease Control and Prevention (CDC), approximately 10 percent of women aged 15 to 44 are diagnosed with this medical condition – around 6.1 million women. Infertility is defined as the inability to become pregnant after 12 months of trying or issues with staying pregnant after conception, so it covers a wide range of health scenarios. Of course, men can also be diagnosed with infertility issues.

Fortunately for many couples, technological advances make it possible to give birth with help from reproductive medicine. The downside is that these health care providers can make mistakes just like any other, possibly leading to serious harm and incredibly high stakes for patients. A Florida medical malpractice lawyer can explain how the laws apply to your specific situation, but an overview of reproductive medical errors may be helpful. 

Liability and Examples of Reproductive Medical Negligence: The basic definition of medical negligence in Florida is the failure to provide care in conjunction with what is considered acceptable in the practice of medicine. Negligence is tied to specialty area, so the standard of care in the areas of reproductive and fertility medicine corresponds to how another physician in this field would diagnose, treat, or otherwise address medical issues. Some of the most common types of errors by fertility doctors include:

  • Misdiagnosis of an infertility condition;
  • Errors in administering in vitro fertilization (IVF);
  • Mistakes with intrauterine insemination;
  • Negligence in screening egg or sperm donors for medical conditions or defects;
  • Implanting the wrong embryo;
  • Mishandling eggs or sperm samples; and,
  • Many others.

Extraordinary Losses from Fertility Med Mal: Any medical malpractice case carries multiple implications for the patient, including incurring additional medical costs to correct an error, lost income for the victim’s time off work, and pain and suffering. However, medical negligence in connection with reproductive medicine can be even more devastating. Couples who desperately want a child get their hopes up, only to have them dashed because of a fertility doctor’s error. The emotional consequences are extreme, especially when they impact the fetus. In addition, fertility treatments are often not covered by health insurance, so patients are paying out-of-pocket.

If your family sustained physical, financial, and emotional implications from reproductive medical malpractice, you may be able to recover compensation for a wide range of losses. Examples include:

  • Medical costs incurred for botched fertility treatments;
  • Expenses to correct injuries caused by a reproductive physician;
  • Lost wages; and,
  • Emotional distress from loss of pregnancy and related factors.

Our Florida Medical Malpractice Attorneys Will Help Overcome Challenges 

If you or your child suffered harm because of an error by a reproductive medicine physician, it is important to retain skilled legal representation right away. To learn how our team can assist with your claim, please contact the Miami medical malpractice attorneys at the offices of Freidin Brown, P.A. We can set up a free consultation to discuss potential strategies.



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