Medical Negligence

IVF medical negligence occurs when a fertility clinic or practitioner fails to meet the accepted medical standard of care, and that failure results in harm. This area of law falls under medical malpractice, and individuals harmed by such negligence may be able to bring a claim for civil compensation.

You do not need to prove intent — only that a medical professional acted below a reasonable standard and that the error caused measurable damage to you.

What types of IVF errors have been the subject of medical negligence claims?

In recent years, both in Australia and internationally, a growing number of IVF-related failures have formed the basis of successful or ongoing medical negligence claims. These are not isolated “bad outcomes” — they often involve clear clinical or administrative failings that breach legal duties of care.

• Embryo misidentification or mix-ups
  Allegations include implantation of the wrong embryo, embryos transferred to the wrong patient, or viable embryos discarded due to lab errors or mislabelling.
• Faulty or negligent preimplantation genetic testing (PGT)
  Patients have claimed emotional and reproductive harm after being told viable embryos were genetically abnormal or after embryos with undetected conditions were implanted.
• Laboratory and cryostorage failures
  Incidents involving equipment malfunction, contamination, or storage failure can result in the irreversible loss of eggs, sperm, or embryos.
• Administrative errors and data mishandling
  Donor mismatches, incorrect medication dosages, or data-entry errors affecting treatment plans have led to claims of negligence and breach of trust.
• Failure to obtain informed consent
  Patients must be fully informed of risks and alternatives. Allegations include patients being rushed into cycles or misled about success rates and potential complications.
• Inadequate diagnosis or treatment planning
  Medical negligence claims have arisen where clinics failed to identify underlying conditions (e.g. PCOS, infections) before starting IVF cycles.
• Negligent aftercare or emotional harm
  Cases include inadequate post-procedure monitoring, dismissal of complications, and psychological trauma due to a lack of transparency or support.

Can I claim compensation for IVF negligence?

Yes. If you were harmed by a clinical failure during IVF, you may be able to claim compensation for:

• Psychological trauma and emotional distress
• Financial costs from failed or repeated cycles
• Loss of embryos or reproductive material
• Loss of the opportunity to conceive a child
• Additional medical or mental health care

How do I know if I have a legal case?

As highlighted in The Retrievals podcast, negligence in fertility clinics can be hidden or dismissed. If any of the following apply to you, it’s time to seek legal advice:

• Your embryo was destroyed, lost, or implanted in error
• Your IVF failure remains unexplained despite multiple attempts
• You were not informed of key risks, outcomes, or alternatives
• You believe your diagnosis or treatment was incomplete or rushed
• Your concerns were dismissed or downplayed by staff
• You’ve suffered ongoing emotional, financial, or medical harm

Are there time limits for IVF negligence claims?

Yes. In most states and territories, the legal limitation period is three years from the time you knew (or reasonably should have known) that you were harmed due to negligence.

Learn more from Legal Aid Victoria.

What will it cost to speak with a lawyer?

We operate on a no-win, no-fee basis. This means:

• • No upfront costs to start your claim
  • All costs and conditions are explained clearly from day one

What’s the next step?

You don’t need all the answers to reach out — just the strength to take the first step.

Call us today on +612 9283 5599 to speak with a senior medical negligence lawyer. Or request a confidential call-back using the secure form below.

Your experience matters. And the law may be on your side.