Insight

Embryos, Eggs & Errors: Examining Fertility Clinic Negligence, Part 1

Embryos, Eggs & Errors: Examining Fertility Clinic Negligence, Part 1

Jan Marin

Jan Marin

August 21, 2023 08:02 PM

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.

Embryos, Eggs & Errors: Examining Fertility Clinic Negligence, Part 1To read the full article click here: https://www.gluckstein.com/news-item/embryos-eggs-errors-examining-fertility-clinic-negligence-part-1

Trending Articles

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky

Best Lawyers Expands 2024 Brazilian Awards


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Brazil™ and the first edition of Best Lawyers: Ones to Watch in Brazil™.

Image of Brazil city and water from sky

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

The Best Lawyers in Mexico Celebrates a Milestone Year


by Best Lawyers

Best Lawyers is excited to announce the 15th edition of The Best Lawyers in Mexico™ and the second edition of Best Lawyers: Ones to Watch in Mexico™ for 2024.

Sky view of Mexico city scape

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

Presenting the 2024 Best Lawyers Family Law Legal Guide


by Best Lawyers

The 2024 Best Lawyers Family Law Legal Guide is now live and includes recognitions for all Best Lawyers family law awards. Read below and explore the legal guide.

Man entering home and hugging two children in doorway

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

Canada Makes First Foray Into AI Regulation


by Sara Collin

As Artificial Intelligence continues to rise in use and popularity, many countries are working to ensure proper regulation. Canada has just made its first foray into AI regulation.

People standing in front of large, green pixelated image of buildings

Commingling Assets


by Tamires M. Oliveira

Commingling alone does not automatically turn an otherwise immune asset into an asset subject to marital distribution as explained by one family law lawyer.

Toy house and figure of married couple standing on stacks of coins

How Much Is a Lawyer Consultation Fee?


by Best Lawyers

Best Lawyers breaks down the key differences between consultation and retainer fees when hiring an attorney, a crucial first step in the legal process.

Client consulting with lawyer wearing a suit

The Hague Convention and International Custody Battles


by Alexandra Goldstein

One family law lawyer explains how Joe Jonas and Sophie Turner’s celebrity divorce brings The Hague Convention treaty and international child custody battles into the spotlight.

Man and woman celebrities wearing black and standing for photo