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Fertility treatments in California may affect your child

by Fertility & Surrogacy Legal Group, APC | Jul 28, 2022 | Fertility Assistance

Fertility treatments in California are available to couples unable to conceive a child naturally. However, there are some things that you need to know about these treatments and their effects on child development.

Fertility treatments in California

Fertility treatments are methods doctors use to improve the chances of conception and increase the chances of having a healthy baby. They include intracytoplasmic sperm injection (ICSI), in vitro fertilization (IVF) and intrauterine insemination (IUI). The success rate of these methods is about 50%, with IVF being the most promising.

A doctor could also perform surgery to repair parts of your reproductive system that may be hindering conception. For example, they can open your fallopian tubes to allow sperm or eggs through.

Common risks associated with fertility treatments

If it weren’t for fertility treatments, most people that had a dream of having a happy family wouldn’t have achieved it. In fact, it could be the only option for women with pelvic inflammatory disease or endometriosis or men with a history of testicular trauma. But, children may be exposed to the following risks:
• Autism
• Premature birth
• Low birth weight
• Attention deficit hyperactivity disorder (ADHD)

Your legal options when complications occur to your child

If your child has suffered complications due to your fertility treatments, California courts may ask them to compensate you in the form of medical expenses, pain and suffering and lost wages. Your fertility clinic or doctor can increase the risk of complications by failing to properly screen the sperm or eggs, poorly monitoring you or using outdated methods during your treatment.

When filing a lawsuit, you must show a direct or indirect correlation between your doctor’s actions and their impact on your child. Additionally, you must bring your case within one year from the date of injury or three years from the date of discovery, whichever is later. Failure to can lead to your case dismissal.

When someone resorts to fertility treatment, it means that they have tried for months or years to get a child. It can be very unfortunate if, after all that, your baby ends up with complications because of a doctor’s or fertility clinic’s negligence. A medical malpractice lawsuit may be the only way to get the justice you deserve.