When a Fertility Clinic Loses, Destroys or Swaps an Embryo
A 2024 Alabama ruling called embryos 'children.' Tank failures have produced eight-figure verdicts. How these claims actually work varies enormously by state.
Medical malpractice explained: the four elements you must prove, the certificate of merit and expert-report requirements that can end a case on procedure alone, informed consent, diagnostic error, birth injury, surgical never-events, and who you can actually sue.
A 2024 Alabama ruling called embryos 'children.' Tank failures have produced eight-figure verdicts. How these claims actually work varies enormously by state.
Courts hold a video visit to the same standard as an office visit — but licensing, prescribing rules and the platform itself add risks an office never had.
Two claims from the same missed diagnosis: the parents' own claim is recognized almost everywhere, but the child's own claim is barred in all but three states.
A botched vasectomy or tubal ligation can be malpractice — but most states won't let you recover the cost of raising the resulting child.
Anesthesia malpractice ranges from a dosing mistake to waking up mid-surgery — and who's responsible depends on rules most patients never see.
Not every birth injury is malpractice — the hardest fight is usually proving the harm came from how labor was managed, not from a condition that predated it.
Diagnostic error is the most commonly alleged type of malpractice claim, and the fight is almost never about the diagnosis itself — it's about causation.
Most ER doctors are independent contractors, not hospital employees — which normally blocks a hospital claim entirely, unless apparent agency applies.
A surgery performed perfectly can still be malpractice if you were never told about a material risk that, had you known, would have changed your decision.
Most states require a qualified expert's written opinion early in a malpractice case — miss that deadline and the case can end before the facts are ever heard.
Malpractice is ordinary negligence law applied to medicine, but one practical difference decides almost every case: you generally cannot win without an expert.
A medication error can be a prescribing mistake, a pharmacy dispensing mistake, or a nursing administration mistake — and each points at a different defendant.
Some surgical errors are so basic the law calls them 'never events' — and that classification can let your case skip the expert-testimony requirement entirely.