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Should I pursue a malpractice law suit?
San Francisco, CA
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Posted 4 months ago in Medical Malpractice
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A ferlitity clinic did not perform all the required FDA blood test on the sperm and egg donor. We had a baby, luckily he is okay. The fertility clinic do not notify us about their error and we should not have had the baby to begin with. We only found out because we wanted to transfer the remaining sperm and embryos to another clinic and they refused to take it. Is this malpractice or just a lawsuit for fraud because we did not pay for a FDA warning label on our baby or our specimens?
Answers (1)
Pamela Koslyn
This attorney is licensed in California.
Posted 4 months ago.
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It's not clear that you or the baby suffered any damages because of this error, and all lawsuits have to have the element of damages. Is this a test that be done now? If the test results have no consequences because the baby is okay, then no harm no foul.
You may want to consult a medical malpractice lawyer to fully disclose the facts of your situation to see exactly what your rights and remedies are. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
