IVF is grueling. Going through the process is like a triathlon, even before you become pregnant, if you do. First you go through the no-laughing matter of having your eggs harvested if and when you ovulate. Next you wait to see if any viable eggs are fertilized with viable sperm in the lab. Then you wait to see if any zygotes develop into embryos in an incubator for several endless days.
In any case, we hear from couples who want to have a baby SO BADLY that emotions run high – and low. But one thing you never expect is for the IVF lab to screw up.
When embryos are lost in a lab, it’s confusing. Was it a bad outcome? Was it negligence? Most women don’t know the difference – and clinics count on that. This blog gives you specific situations where suing a fertility clinic is not only possible – it’s warranted!
What Exactly Do You Mean By “Negligence?”
IVF and fertility treatment don’t come with guarantees — clinics will remind you of this constantly. But “it didn’t work” is very different from “they made a mistake,” especially if what went wrong likely could have been prevented. The key distinction here is you don’t have to prove the lab meant you any harm — only that carelessness or recklessness failed a duty to you. Plus there’s the pain.
Be comforted: You don’t need to know for certain before reaching out — but if something seems strange about what happened to you, there may be an opportunity for legal recourse.
Yes, You May Have a Case – Here’s When.
According to the NIH (National Institutes of Health),1 these are circumstances that corroborate lab negligence or lack of vigilance:
It May Be Hard, but It’s Important to Keep Everything.
We don’t want to overwhelm you, but it’s super helpful if you keep everything. Save all your records and receipts anyway when you’re embarking on the IVF journey. If something happens you may need them to help build your case.
Timing Matters – Don’t Wait to Contact A Case for Women.
If you’ve never considered filing a lawsuit, you may be unfamiliar with the term SOL – statute of limitations. SOL is like an alarm clock set by your state that determines how much time you have to make a formal legal complaint after you feel unnecessary wrongdoing occurred – for this, specifically, in the context of a corporate health or medical facility.
We were saying earlier: “If you think something didn’t feel right, you may be right.” Yep. Better safe than sorry. We can help you sort the details.
We’ve been all around the bases when it comes to toxic drugs and defective medical devices. Here are some cases where we’ve gone up against Big Pharma with confidence:
It’s important you know that neither we nor the IVF lawyers we work with are afraid of might. Plus, the only embryo loss attorneys we work with operate on contingency, meaning that unless they win, you don’t pay them. So they are preparing to spend potentially hundreds of hours building your case without a crystal ball – because they believe in you.
So do we, which is why we listen so carefully to your words and walk you through first steps in language you can understand. We’re here to empower you, support you, and stop the bleeding. Please reach out when you’re ready, 24/7/365.
Sources:
1 Blog, “Keep Everything (Even When You Don’t Want To),” A Case for Women, November 20, 2025.
2 Jeremy Applebaum, Leigh Ann Humphries, Mary Ellen Nepps, Dara S Berger, Kathleen O’Neill, “Malpractice litigation surrounding in vitro fertilization in the United States: a legal literature review,” NIH/ National Library of Medicine/ PubMed, December 27, 2022.
