Published by Arfaa Law Group
Advances in reproductive technology not only allow people who have trouble conceiving to become parents but also allow people to take the steps necessary to avoid passing on genetic disorders. If a reproductive endocrinologist errs when providing medical services, they can be held accountable for any harm they cause, but proving liability can be challenging, as demonstrated in a recent Maryland case. If you were hurt by the carelessness of a physician, it is wise to speak to an experienced Baltimore medical malpractice attorney regarding your rights.
Factual Background and Procedural History
It is reported that the plaintiffs, a married couple, sought in vitro fertilization (IVF) treatment to conceive a child without the genetic disorder Duchenne Muscular Dystrophy (DMD), a condition that affected their other children. They underwent IVF at the defendant fertility clinic, where genetic testing was performed to identify embryos free of DMD. Allegedly, the plaintiffs were assured that only healthy embryos would be preserved and transferred while the embryos carrying the genetic disorder would be discarded.
It is alleged that in 2020, the plaintiffs returned to the clinic to proceed with the transfer of their last remaining healthy embryo. However, unbeknownst to them, the clinic had not discarded the embryos carrying DMD, and embryologists mistakenly selected and transferred an embryo affected by the disorder. The plaintiffs later learned of the error when a physician at a government-affiliated hospital informed them of the mistake.
The plaintiffs reportedly faced a difficult decision: whether to continue the pregnancy knowing the child would have DMD, terminate the pregnancy, or take medication to prevent implantation. The plaintiff ultimately chose to prevent implantation, which allegedly caused physical and emotional distress, including severe cramping, heavy bleeding, anxiety, and depression.
Following this incident, the plaintiffs filed suit in state court, asserting claims of medical malpractice and gross negligence against the clinic, the government-affiliated physician who informed them of the mistake, and several individual defendants, including the CEO and laboratory director of the fertility clinic. The case was subsequently removed to federal court.
Medical Malpractice in the Realm of Assistive Reproductive Technology
The district court evaluated whether the plaintiffs had sufficiently alleged a medical malpractice claim against the defendants. Under Maryland law, a medical malpractice plaintiff must establish a duty of care arising from a physician-patient relationship; a breach of the applicable standard of care in the relevant medical field; causation, meaning the breach directly resulted in harm; and damages resulting from the negligent medical care.
The defendants moved to dismiss the case, arguing that the plaintiffs failed to establish that the named healthcare providers breached the standard of care. The government-affiliated physician contended that he played no role in the embryo selection or transfer process and merely informed the plaintiffs of the error and their options. The court agreed, finding that the plaintiffs did not allege any facts suggesting that the physician’s conduct deviated from accepted medical practices.
Similarly, the CEO of the fertility clinic argued that he had no direct involvement in the embryo selection or implantation process. The court ruled that corporate officers are not liable for medical malpractice unless they personally participated in or directed the negligent act. Because the plaintiffs failed to show that the CEO was responsible for the mistake, the claims against him were dismissed.
The plaintiffs also attempted to hold the fertility clinic’s laboratory director liable, asserting that she failed to enforce proper protocols to prevent embryo selection errors. However, the court determined that general allegations of policy failures were insufficient to establish negligence unless the plaintiffs could show that the director’s own actions or omissions directly caused the embryo transfer error.
Ultimately, the court granted the defendants’ motions to dismiss the medical malpractice claims. However, the dismissal was without prejudice, meaning the plaintiffs were given the opportunity to amend their complaint to address the deficiencies identified by the court. The judge emphasized that plaintiffs must provide specific factual allegations demonstrating how each defendant’s actions deviated from the standard of care and directly caused their harm.
Confer with a Trusted Baltimore Medical Malpractice Attorney
Medical malpractice claims involving reproductive healthcare and IVF require strong evidence and expert testimony to establish a deviation from the standard of care. If you were injured by a doctor’s negligence, it is smart to talk to an attorney. At Arfaa Law Group, our trusted Baltimore medical malpractice attorneys can evaluate your case and inform you of your options for seeking damages. Call us today at (410) 889-1850 or complete our online form to set up a meeting.