Los Angeles, CA asked in Personal Injury, Civil Litigation and Medical Malpractice for California

Q: I'm wondering if the following would be grounds for a malpractice/personal injury suit:

we had a failed IVF cycle at a clinic that was a terrible experience from start to finish. Since then, another doctor told me that the treatment (starting stimulation on day 21, retrieval on day 7/8) "makes no sense", and others have seconded this. I've asked the clinic why this was done this way and they have evaded the question.

I was not injured, but it was a very emotionally distressing situation made more so because it appears that I was treated this way because of the doctors upcoming italy vacation (which he was very vocal about) and not what was best for me. There was certainly no informed consent that they were going to use a protocol with a lower chance of success (in a procedure with already very low success). Is this grounds for a suit? They continue to avoid the question and maybe they will eventually offer a free IVF round but I never want to go near that clinic again. And I think prospective patients should know what happened.

2 Lawyer Answers
Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Medical Malpractice Lawyer
  • Culver City, CA
  • Licensed in California

A: In the absence of injury, you cannot maintain a medical malpractice case. There must be an act of negligence that is causally related to an identified injury. If this failed cycle of IVF reduced your chances of success with subsequent cycles or attempts, then maybe you have a basis for a lawsuit. That type of injury however, will likely be seen as purely speculative. Sorry.

Tim Akpinar agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

you need to have an injury for the case to have value. If no value most lawyers would not want to waste their time unless you paid them on an hourly.

you would need doctors that would be willing to testify about the malpractice. They are VERY difficult cases when you have good injuries.

say thank god there was no damage.

you can always go to small claims court and sue for up to $10,000. However, only the Defendant has to right to appear from it.

Tim Akpinar agrees with this answer

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