Compensation for Victims of Malpractice in Fertility Cases

 Posted on April 18, 2026 in Medical Malpractice

Fertility treatments are medical procedures, which means that they can result in medical malpractice. One person’s negligence can be the difference between a viable pregnancy and devastating let-down. If you are worried that someone else's actions have impacted your fertility treatments, a Chicago reproductive law attorney can help you understand whether you have a claim and what compensation may be available to you in 2026.

What Does Fertility Treatment Negligence Look Like?

Malpractice in reproductive treatments comes in many forms. Some of the most common examples include specimen errors, procedural injuries, and medication errors.

Embryo and Specimen Errors

Embryo and specimen errors can include mishandling, mislabeling, or accidentally destroying usable embryos. It may also include mixing up sperm or fertilized eggs. Errors like this may lead to a patient unknowingly carrying and giving birth to someone else's child.

Procedural Injuries

Procedural injuries generally refer to harm done to the mother. These might include punctured blood vessels that lead to serious bleeding during egg retrieval, infection from egg retrieval caused by unsterile equipment, or ovarian torsion (the twisting of an ovary). Ovarian torsion can cut off the blood supply to the ovary and, in untreated cases, lead to death of the organ. Procedural injuries also include anything else that happens during the in vitro fertilization procedures that result in lasting harm or infertility.

Medication and Treatment Errors

Medication often plays an important role in fertility treatments, but incorrect use can cause significant harm. The same is true of the techniques used to transfer embryos to the mother’s womb.

Some serious side effects of improper medication or embryo transfer may include: 

• Ovarian hyperstimulation syndrome. This occurs when fertility drugs trigger an exaggerated hormonal response and cause painful swelling in the ovaries. It is expected in some treatments, but it can count as malpractice if not properly monitored.

• Ectopic pregnancy from improper transfer technique. This is where a fertilized egg implants in a fallopian tube instead of the uterus.

• Transferring too many embryos results in a high-risk multiple pregnancy. These are often corrected by eliminating some of the embryos, which is a difficult and distressing decision for many people.

• Negative side effects from fertility drugs given to patients who were not properly screened beforehand

These are serious health risks. Ectopic pregnancies in particular can be life-threatening to the mother. An attorney can help you understand how these mistakes could translate into negligence.

How Does Illinois Law Apply to Fertility Malpractice Claims?

Fertility malpractice falls under the broader category of medical malpractice in Illinois. Under 735 ILCS 5/2-622, anyone filing a medical malpractice claim in Illinois must attach an affidavit from a qualified healthcare professional. This document confirms that there is a reasonable basis for the claim. It’s a procedural requirement and isn’t intended to be a barrier. It's one of the reasons having an attorney involved early can help.

To succeed in a fertility malpractice case, you generally need to show that the clinic or provider owed you a duty of care. Then, you have to prove that they failed that duty by not meeting the accepted standard of care in reproductive medicine. Finally, you must show that the failure caused you harm.

Illinois has a two-year statute of limitations for medical malpractice claims, generally starting from the date you knew or should have known about the injury. In some reproductive cases, the two years may not start until years after your treatments. Keep in mind that Illinois generally has a four-year cap for filing times. This is something an attorney can help you sort out based on the specifics of your situation.

What Compensation May Be Available for Fertility Malpractice Claims in Illinois?

Depending on the facts of your case, you may be able to seek compensation for:

• Medical expenses related to the harm caused, including corrective treatment

• Emotional distress and psychological harm

• Loss of reproductive capacity or future fertility costs

• Pain and suffering

In cases involving wrongful death, damages are available under the Illinois Wrongful Death Act. 

Reproductive law is still a developing area of the legal system, and courts continue to struggle with questions about how to value such difficult-to-quantify losses. An attorney who has handled these cases can help you build the strongest possible claim.

Call a Chicago, IL Fertility Malpractice Lawyer Today

If you’ve suffered harm in the course of fertility treatments, you deserve compensation. Our Chicago medical malpractice attorneys treat every client with the personal care and compassion these cases deserve. We’ve recovered millions of dollars in compensation for our clients and will fight to protect your rights. Call Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 today for a free consultation.