Negligence in fertility procedures: legal aspects
Introduction
In today’s era, assisted reproduction has become an effective solution for thousands of people with fertility issues. However, the rapid technological advancement and increasing demand for these procedures have created an environment prone to errors and medical negligence. The legal framework sets forth rights and guarantees for patients, along with obligations for clinics and professionals. In this article, we analyze in detail the different types of negligence in fertility treatments, the current legal landscape, and how to proceed if one suffers harm in this field.
What is negligence in assisted reproduction?
Medical negligence in fertility procedures is any action or omission by healthcare professionals or medical centers that deviates from accepted medical practice and causes harm to the patient. The most common examples include:
- Incorrect handling of eggs, sperm, or embryos.
- Diagnosis or treatment failures.
- Errors in embryo identification or transfer.
- Loss or destruction of genetic samples.
- Inadequate informed consent.
- Omission of relevant information about risks and alternatives.
Legal framework for fertility and assisted reproduction
In Spain, assisted reproduction is primarily regulated by Law 14/2006 on assisted human reproduction techniques. This law establishes the requirements, guarantees, and rights of users, professionals, and centers performing these treatments. The fundamental legal pillars are:
- The right to informed consent: every patient must be informed, clearly and understandably, about the risks, success rates, and alternatives.
- The confidentiality and privacy of personal and genetic data.
- The obligation to maintain traceability and proper control of samples.
If these rights are violated or harm occurs, the patient may claim through civil, criminal, or administrative channels, depending on whether the clinic is private or public.
Professional and healthcare centers’ liability
Civil liability
In fertility procedures, civil liability lies with the professionals and centers. Compensation can be claimed when:
- There is physical, psychological, or moral harm.
- A direct causal relationship between the medical action and the harm is proven.
- The action contrary to the lex artis (accepted standards in the sector) is confirmed.
Compensation may cover medical expenses, moral damages, loss of the opportunity to be a biological parent, among others.
Criminal liability
Although less common, negligence can lead to a crime if grave recklessness, falsification of consents, or severe damages occur. Crimes can range from reckless injuries to offenses against public health.
Disciplinary liability
The professional also faces sanctions from the medical college if ethical or deontological norms are violated.
Jurisprudence and recent claims (Update 2024)
In 2024, claims and rulings on errors in fertility clinics continue to occur. Notable cases include:
- Erroneous embryo transfer: courts have awarded high compensations to clinics where, due to human or technical failure, an embryo not belonging to the requesting couple was implanted.
- Accidental destruction of samples: the disappearance or damage of eggs, sperm, or embryos due to laboratory management failures implies recognition of the right to compensation for lost reproductive opportunity.
- Insufficient information about risks: hospitals and clinics were condemned for not adequately explaining the success possibilities and dangers of treatment side effects or failures, recognizing moral damage to patients.
- Invalid informed consent: recent rulings emphasize the need for documentary proof that consent was given freely and correctly informed.
Compensation scales are updated annually and apply to these cases, including moral damage for the inability to materialize the desire to have biological children.
Claim procedure
1. Gather medical documentation: Reports, consents, laboratory tests, previous communications with the clinic.
2. Expert report: It is essential to have an expert assessment that determines if negligence occurred.
3. Extrajudicial claim: Initial contact with the clinic requesting an amicable solution or compensation.
4. Judicial claim: If the clinic is private, civil lawsuit; if it is a public hospital, administrative claim.
5. Specialized legal advice: Always resort to lawyers specializing in medical negligence and assisted reproduction.
Patient rights in the face of negligence
- Obtain compensation for damages.
- Demand correction of the error if possible.
- Request the opening of a disciplinary file for the professional.
- Receive psychological support and advice throughout the process.
Conclusions
Negligence in fertility procedures has a profound personal and emotional impact. Spanish laws and current jurisprudence protect patients who have suffered harm, demanding the highest diligence from doctors and clinics. It is essential to seek specialized legal help in the event of any suspicion of error or harm and always keep all possible documentation.
Legal protection against medical negligence is a reality, and the growing number of claims in assisted reproduction shows that people’s rights are increasingly recognized and guaranteed.
Legal review and update
After analyzing the latest information on legislation and jurisprudence regarding fertility negligence, the article faithfully responds to the standards currently required. Law 14/2006 remains in force, and the Supreme Court continues to recognize the right to compensation and reparation in proven cases of negligence, especially reinforcing the importance of informed consent and adequate information about risks and procedures. If relevant legislative developments are detected in the coming months of 2024, the content will be updated again.