Fertility negligence claims

Fertility treatment is one of the most emotionally demanding experiences a person can go through. If negligence caused you harm - whether through a procedural error, misdiagnosis, or mishandled embryos - you may be able to make a claim. Our specialist team will guide you through every step, with sensitivity and expertise.

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Author

Sahida Patel

Partner, Birth Injury Team Lead

Last Updated

19th July 2026

Can I make a fertility negligence claim?

You can make a fertility negligence claim if you believe your fertility injury was caused by a failure in the care you received. Fertility negligence covers situations where your medical team fell below an acceptable standard and that failure caused you physical or psychological harm – whether through a surgical error, a misdiagnosis, a medication mistake, or an error at a fertility clinic.

It can help to understand the difference between a fertility injury and fertility negligence. A fertility injury is the physical harm caused – such as damage to your reproductive organs during surgery, harm to your reproductive function, or damage caused by chemotherapy or radiation. Fertility negligence is the failure in care that led to that injury – for example, a surgical error during a caesarean section, or a failure to warn you about fertility risks before a procedure.

You may be able to make a claim if your injury happened as a result of a misdiagnosis or delayed diagnosis of a fertility condition, a surgical error during a procedure such as a laparoscopy, hysterectomy or vasectomy, a medication mistake involving incorrect dosages or unsuitable treatment, or a fertility clinic error such as an embryo mix-up during IVF, improper storage of genetic material, or failures during the consent process.

Example of a fertility negligence claim

Imagine a patient undergoing IVF whose embryos are damaged due to improper storage at a fertility clinic. As a result, the embryos can’t be used, and the patient loses what may have been their only realistic chance of conceiving. If the clinic failed to follow the required storage protocols and did not properly inform the patient of the risks, this could be a valid fertility negligence claim.

Related fertility negligence claims we support

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What compensation can help with

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Funding corrective treatment, ongoing care, and rebuilding your future.

Fertility injuries can require significant ongoing treatment. Compensation for fertility negligence can help fund corrective surgery, hormone therapy, IVF, egg or sperm donation or even surrogacy. This type of negligence can lead to real financial costs – and compensation can help meet those costs, so that your options remain open, where possible.

A successful fertility negligence claim may help fund:

Corrective surgery and further medical treatment
Hormone therapy to restore reproductive function
IVF treatment, including further cycles
Egg or sperm donation and surrogacy costs
Psychological support and counselling
Lost earnings if you’ve been unable to work
Ongoing care and pain management
Additional medical expenses relating to your injury

Understanding the potential value

Our secured a £30,000 settlement for our client who suffered infertility due to a delayed placenta removal. If you’d like to understand what your claim might be worth, our team will give you a clear and honest assessment from the outset. Your claims’ value will depend on the nature and severity of your injury, the long-term impact on your fertility and health, any financial losses you’ve experienced, and the cost of future treatment or care you may need. As the value reflects your own circumstance the value of a fertility negligence claim varies between cases.

Understanding special and general damages

A settlement is made up of general damages and special damages. General damages address the non-financial impact of your injury, including pain and suffering and the effect on your day-to-day life. Special damages cover the specific financial losses we can evidence on your behalf, from medical treatment and rehabilitation costs to lost income and travel expenses. Our team will make sure both are carefully calculated and properly reflected in your claim.

Specialist fertility negligence solicitors

Why choose Fletchers for your fertility negligence claim?

Fertility negligence cases are incredibly sensitive and emotionally challenging. It is important to understand the full, lifelong weight of this type of injury – and be able to reflect the impact when building a robust legal case. The legal process requires both specialist expertise and genuine care. At Fletchers, our solicitors have extensive experience in clinical negligence, including fertility treatment failures. We combine specialist legal knowledge with a real understanding of what you’re going through, to give you the best possible chance of a successful outcome.

Expertise you can rely on

Specialist clinical negligence solicitors with extensive experience in fertility negligence cases
Recognised for expertise in complex and high-value medical negligence claims
Track record of successfully managing cases involving surgical errors, IVF failures, embryo mix-ups and misdiagnosis
Currently supporting patients affected by serious failings at Homerton Fertility Centre
Employee-led Fertility Support Network, reflecting our commitment to people affected by fertility challenges
Rated excellent on Trustpilot by the clients we have supported
No win, no fee – so you can pursue your claim without financial risk

You're not alone

We understand this is incredibly difficult.

We know that you’re going through a lot. Beyond the physical impact, fertility negligence can bring grief, trauma and anxiety. The emotional toll on you and your family can be significant. When you bring a claim forward, compensation can help cover the cost of psychological support – whether that’s counselling, therapy, or access to specialist support groups – and help you begin to process what’s happened and look to the future.

Financial pressure can also follow. You might be considering corrective treatment or further IVF cycles. And amongst all this, you might also need to time off work – which means your capacity to earn your usual salary is impacted. Although compensation can’t undo what has happened, it can give you the financial security to access the support and treatment you need.

You don’t need to have all the answers before you speak to us. It’s our job to listen, consider the experience you’ve had, and guide you through the options available to you. We’re familiar with these types of cases and we’ve supported many women and families in your position.

If you’re unsure that your situation qualifies, it’s still worth speaking to us. In most cases, you have three years from the date of the injury – or from when you first became aware of it – to make a claim. There are exceptions to this rule, so we would always recommend seeking legal advice as early as possible. We’ll tell you honestly whether you have a case.

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FAQs about fertility negligence claims

How long does a fertility negligence claim take?

The length of a fertility negligence claim depends on a number of factors, including the complexity of the case, how the other party responds, and the severity of the injuries involved. Some cases are resolved through negotiation without going to court, which can shorten the process. If a case does go to court, it may take longer, although this is relatively rare.

At the outset of your claim, your solicitor will give you an estimated timeline. As negotiations progress, this may change – but we’ll keep you informed at every stage so you always know where things stand.

Will I have to go to court for my fertility negligence claim?

Most fertility negligence cases are resolved without the need to attend court. However, if your case does go to court, your legal team will support and guide you throughout. We’ll help prepare you for what to expect and answer any questions you may have along the way.

What evidence is needed for a fertility negligence claim?

To support your claim, we’ll gather the evidence needed to show that the care you received fell below an acceptable standard and that this caused you harm. This is likely to include:

Your medical records

Expert reports from specialists in reproductive medicine

A timeline of your medical treatment and appointments

Personal statements from you and others affected

Photographic evidence, where applicable

Our team will work closely with you and trusted medical experts to build a strong case on your behalf.

How do you establish that my fertility treatment was negligent?

To prove fertility negligence, your legal team needs to show two things: first, that the care you received fell below an acceptable standard; and second, that this failure directly caused you harm.

We do this by gathering the relevant evidence and working with independent experts in reproductive medicine to investigate what happened. Our experienced team will guide you through this process and build the strongest possible case on your behalf.

What types of compensation can I receive for fertility negligence?

Compensation for fertility negligence falls into two categories. General damages cover the pain, suffering and loss of amenity caused by the negligence. Special damages cover specific financial losses – such as lost earnings if you’ve been unable to work, the cost of corrective treatment, further IVF cycles, counselling, and any other expenses directly related to your injury.

The amount you may be entitled to will depend on the nature and severity of your injury and its long-term impact on your life.

Can I make a claim if my partner was the one receiving fertility treatment?

Yes. A partner of someone who has undergone fertility treatment may also be eligible to make a compensation claim if they have been directly impacted by the fertility negligence. If you’re unsure whether this applies to your situation, please get in touch and we’ll advise you.

Can I claim if the negligence happened some time ago?

In most cases, you’ve three years from the date of the injury – or from when you first became aware of it – to make a fertility negligence claim. There are exceptions to this rule depending on the specifics of your situation. We would always recommend seeking legal advice as early as possible, so that your legal team can begin gathering evidence and investigating your claim. If you’re unsure whether you’re still within the time limit, contact us and we’ll advise you honestly.

How much does it cost to make a fertility negligence claim?

At Fletchers Solicitors, we work on a No Win No Fee basis, meaning there are no upfront costs and nothing to pay if your claim is unsuccessful. If your claim is successful, our fee is deducted from your final compensation. This means you can pursue your claim without any financial risk.

What are fertility medical negligence claims?

A fertility medical negligence claim is a legal claim to recover compensation for errors made during treatment, procedures, or healthcare, where the patient has suffered a fertility injury due to negligence. It can be helpful here to distinguish between fertility injury and fertility negligence:

Fertility injury: This refers to physical harm that affects fertility caused as a direct result of negligent treatment; such as damage to reproductive organs during surgery, harm to reproductive function caused by medication, or damage to reproduction caused by chemotherapy/radiation.

Fertility negligence: This refers to failures in the duty of care that led to the fertility injury. For example, a surgical error during a caesarean section that leads to reproductive damage, or a failure to inform the patient of fertility risks before a procedure/course of treatment.

If you’ve suffered fertility injury due to negligence, you may be eligible to make a fertility negligence claim.