Starting a family is taken for granted by so many, but is not always simple or straightforward as planned. One in six Canadians struggle with infertility. For those that require help, fertility clinics offer services that substantially improve the odds of conceiving.
People experiencing infertility have benefited greatly from advances in modern medicine and medical technology. From hormone-altering medications, assisted reproductive technologies (such as in vitro fertilization or “IVF”), to surrogacy, previously infertile people or couples have been able to conceive and give birth to a child or children.
Despite the hope and joy that can come from scientific reproductive advancements, there is also a special vulnerability that comes with being a patient of a fertility clinic. The process can be confusing, costly as well as physically and emotionally taxing.
Unfortunately, the privatization of fertility services has meant that corporations are often in control of essential health and safety for these services. In many respects, fertility treatment is unregulated. There are variable costs province to province and clinic to clinic. There are service add-ons that may be promoted to patients, with no way for the patients to assess if they will increase the rate of success or the safety of treatment.
It can be very difficult to accurately compare the success rates between clinics, physicians, or treatment options. There is very little regulatory oversight of practices, methodologies, or safety measures. There are few mandatory reporting mechanisms and inadequate government oversight. The industry’s advancements have unfortunately outpaced regulation.
As a result of the lack of oversight, some infertility patients’ dreams of creating a family have turned into a nightmare.
In Part 1 of this two-part blog post, I define assisted human reproduction and outline how it has (and has not) been regulated in Canada. In Part 2, I will review some specific examples of cases where fertility clinic negligence has caused significant physical, mental, and emotional harm to patients. Unfortunately, over the past few years I have seen a significant increase in these patients seeking legal support, which suggests to me that there may be many others who are suffering as a result of fertility clinic negligence and some who do not know yet know they have been impacted by medical error.
