If you receive an IVF incident notice, first address urgent medical needs and the status of remaining material. Preserve your records, review any proposed release, and seek timely advice. These 72 hours are an organizing framework, not a filing deadline; do not delay care or assume it is too late if more time has passed.
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 original audio and digital files as well.
First: address urgent medical or storage needs
These are non-exhaustive informational suggestions, 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.
Seek prompt clinical help for concerning symptoms, and tell counsel if stored material faces an immediate risk. The first 72 hours are an organizing guide, not a legal deadline. If you learned of the problem earlier, these steps can still help. Address urgent medical needs right away, and do not delay in seeking medical treatment and evaluation.
Day 1
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 original audio and digital files as well.
1. Read before signing. Ask whether a refund or resolution document releases claims. If a signature is needed for ongoing care or transfer, coordinate promptly with counsel and your treating team; do not automatically refuse necessary medical paperwork.
2. Consider making a dated written account of who contacted you, when, what was said about the cause, and what was offered. Distinguish exact quotations from your recollection. Discuss with counsel whether to request written confirmation and retain any reply.
3. Consider preserving relevant records you are lawfully entitled to retain, including your own portal messages, emails, voicemails, and the incident letter and envelope. Keep original files and a dated written account of verbal communications. Only download, copy, forward, or remove materials from an employer’s email accounts, devices, or systems if you are lawfully authorized and doing so complies with all applicable laws, employer policies, confidentiality obligations, and access restrictions. Do not access someone else’s account, bypass restrictions, or take information you are not entitled to possess. If uncertain, consult a lawyer before acting; counsel can evaluate a lawful records request or other appropriate process.
Request a written explanation of what occurred and preserve the response. Keep a dated record of telephone conversations and unanswered requests.
Address urgent medical needs right away, and do not delay in seeking medical treatment and evaluation.
Day 2
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 original audio and digital files as well.
5. Discuss a written records request with counsel, using the records checklist as a starting point. The request may ask for records in original form, including available electronic records, audit trails, and metadata. Counsel can help identify the appropriate delivery method and any records requiring a formal legal process.
6. If specimens may remain, consult qualified clinicians immediately about their condition, treatment needs, and storage or transfer risks. Ask counsel whether a written preservation or status request is appropriate. Coordinate any testing, handling, transfer, or disposal decision with the treating team and lawful consent requirements; do not independently direct a medical procedure or delay necessary care to preserve evidence.
7. Get your own copy of the clinic’s marketing. Screenshot the website pages about safety, success rates, the lab, and any program or add-on you purchased. Then pull the versions that existed when you enrolled from the Internet Archive.
Protect your privacy when discussing the incident publicly. Avoid posting sensitive medical, genetic, or identifying information, and discuss potential litigation-related disclosures with counsel.
Day 3
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 original audio and digital files as well.
If you need emotional support, consider a qualified counselor of your choice. Your care should reflect your needs, independently of whether you decide to pursue a claim.
A preservation request can help put responsible parties on notice to retain relevant evidence. It does not guarantee that all records will be preserved or replace timely legal action.
What not to do, at any point
These are non-exhaustive informational suggestions, 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.
- Discuss the purpose, risks, and choice of laboratory for any retesting with qualified clinicians and counsel where appropriate. Do not undergo a procedure solely to strengthen a claim.
- Discuss the clinic’s internal investigation with counsel and your treating doctor; do not assume that it resolves all medical or legal questions or suspends a deadline.
- Before negotiating with another affected family, consult a lawyer about the potential legal, privacy, and consent implications and any proposed written terms.
- Have counsel review any refund, replacement-treatment, or settlement offer in light of your losses and the release terms. Do not assume the offer covers all potential harm or preserves other claims.
- Contact a lawyer promptly. 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.
If your situation is one of these, read the specific guide
- Embryos destroyed in a storage failure
- Wrong embryo or sperm used
- Embryos discarded, moved, or withheld
- Clinic closed or was sold
- Fertility fraud discovered through DNA
- Surrogacy escrow missing
- Insurance denial
- Job changed after disclosure
Frequently Asked Questions
The clinic wants to meet in person to “explain.” Should I go?
Discuss the proposed meeting with counsel and your treating doctor as appropriate. Consider asking for a written explanation and keeping dated written notes. Ask a lawyer before making any recording or signing a document; recording and consent rules depend on the circumstances. Coordinate urgent care independently of the investigation.
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 original audio and digital files as well.
They offered a full refund plus free cycles. That seems generous.
An offer should be evaluated against the documented losses, available remedies, and rights being released. There is no standard payment that determines the appropriate value of every claim.
I feel like I am overreacting.
It is reasonable to seek clear information about the incident. Ask specific questions, keep the answers organized, and obtain professional advice where the explanation remains incomplete.
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 original audio and digital files as well.
Talk to a 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.
Melmed Law Group reviews fertility cases at no cost. Call 888-751-4293 or request a free consultation.
Related reading: California IVF Malpractice and Embryo Loss Lawyers | Fertility Clinic Records Request Checklist | How Long Do You Have to Sue a Fertility Clinic in California?
Sources: California Code of Civil Procedure section 340.5 | ASRM Ethics Committee: disclosure of medical errors and untoward events involving gametes and embryos (2024)
Attorney advertising. General information, not legal advice. Prior results do not guarantee a similar outcome.