If a fertility clinic lost embryos, used the wrong reproductive material, or made another error that caused harm, you may have legal options. Melmed Law Group offers free consultations about California IVF and embryo loss claims. Use this guide to find your situation, understand the records that matter, and decide what to do next.
IVF-related negligence can cause substantial financial, physical, and emotional harm, including the loss of irreplaceable reproductive material or future treatment options. The consequences depend on the person's medical circumstances and what occurred.
A negligence claim requires proof that the defendant owed a duty of care, fell below the applicable standard of care, and caused resulting harm. For professional negligence, the standard generally reflects the care and skill of a reasonably careful professional in the same field under similar circumstances; expert testimony is generally needed. A poor outcome alone does not establish a breach, and other legal theories have different requirements.
A signed consent form, a known treatment risk, or a refund offer does not by itself determine whether you have a claim. A lawyer can evaluate the conduct, the agreement, and the applicable law for you.
What to do in the first 72 hours
The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve lawfully obtained original audio and digital files as well.
- Have a lawyer review any proposed release or settlement before signing it. A refund or replacement-treatment offer may require you to waive claims. Ask promptly about any response deadline, and coordinate necessary medical decisions with your treating clinicians.
- Request your complete records in writing. Keep a copy of the request. Keep copies (digital and hard copy) of all records you receive. Keep them organized and in chronological order.
- Write down what you were told, by whom, and when. Maintain a clean, organized log in chronological order. Do your best to keep communications in writing, when you can.
- Preserve every message, letter, portal note, and voicemail. Keep them in chronological order.
- Keep specifics off social media. Best not to post on social media.
- Act promptly. A statute of limitations can be as short as one year, and some claims or required steps have shorter deadlines. Speak with a lawyer now to determine the applicable limits; do not wait for a clinic investigation or complete records.
Read the full first-72-hours guide and read and print the records request checklist.
Why these cases are different
Three things make fertility claims unlike ordinary medical malpractice.
A negligence claim requires proof that the defendant owed a duty of care, fell below the applicable standard of care, and caused resulting harm. For professional negligence, the standard generally reflects the care and skill of a reasonably careful professional in the same field under similar circumstances; expert testimony is generally needed. A poor outcome alone does not establish a breach, and other legal theories have different requirements.
The available damages depend on the losses proved and the law governing the claim. Medical-malpractice rules may limit some noneconomic damages, while other claims may involve different limits. Legal classification turns on the facts and duties involved, not simply the label used in a complaint.
The defendants have changed. Most large clinics are now owned by investor-backed networks, and the laboratories, genetics companies, sperm banks, and tank manufacturers are separate corporate entities with their own insurance. The right defendant may not necessarily be your doctor.
The evidence is in their hands. Alarm logs, witnessing records, lab thresholds, and marketing archives decide these cases, and clinics control most of it. Moving early matters to preserve these documents, emails, and texts which you may not have access to upfront.
Frequently asked questions
Can you sue a fertility clinic?
Yes. Depending on what happened, claims can include negligence, breach of contract, bailment, fraud, battery, conversion, and consumer protection violations, or other claims against the clinic, its corporate parent, the laboratory, and equipment or suppliers.
A negligence claim requires proof that the defendant owed a duty of care, fell below the applicable standard of care, and caused resulting harm. For professional negligence, the standard generally reflects the care and skill of a reasonably careful professional in the same field under similar circumstances; expert testimony is generally needed. A poor outcome alone does not establish a breach, and other legal theories have different requirements.
How much does it cost to hire a fertility lawyer?
Nothing up front. We handle these cases on contingency, and several of the applicable statutes shift attorney fees to the defendant. We do not charge upfront, and you only pay a contingency fee (a percentage of the recovery) if we win or settle your case. If we do not win or settle your case (i.e., if there is no recovery), you do not owe any attorneys fees.
How long do I have?
The applicable statute of limitations depends on the state, the type of claim, the responsible parties, and when the injury was or reasonably should have been discovered. A filing period can be as short as one year, and some claims or required procedural steps may have even shorter deadlines. Notice, administrative, or contractual deadlines may arise before the deadline to file a lawsuit. Do not assume that a clinic investigation, a records request, settlement discussions, or continued treatment stops the clock. Speak with a lawyer promptly to identify and protect every applicable deadline; do not delay while waiting for more information.
Do I have a case if I signed an arbitration agreement?
Arbitration agreements are increasingly standard, but not every agreement is enforceable. If an agreement is enforceable and covers your dispute, the covered claims generally must be decided by a private arbitrator instead of a judge and jury; signing does not itself eliminate the claims. A lawyer should review the agreement with you and help decide whether to challenge it and seek a court ruling on enforceability. The lawyer should also assess who decides that challenge, because a valid delegation clause may assign some enforceability questions to the arbitrator, and review applicable deadlines and procedural limits.
Talk to a fertility lawyer
Melmed Law Group is a plaintiff-side litigation firm with more than 15 attorneys handling hundreds of active matters. We do not represent clinics, laboratories, or insurers. The initial consultation is by phone. If a second consultation is needed, we conduct it by Zoom videoconference. In-person meetings are always available at the client's request.
Call (888) 751-4293 or use the form on this page. Tell us what happened in your own words. We will tell you honestly whether there is something we can assist with.
Sources: California Civil Code section 3333.2 | California Code of Civil Procedure section 340.5 | California Penal Code section 367g
Attorney advertising. This page is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.