IVF patients face limited protections against medical errors

In-vitro fertilization (IVF) is facing scrutiny due to a lack of regulations that govern medical practices. Legal experts say this gap leaves patients vulnerable to errors and safety violations. Krystena Murray experienced this firsthand. After a difficult IVF process, she gave birth to a baby who did not match her or her sperm donor's appearance. A DNA test revealed the fertility clinic had implanted the wrong embryo. Heartbroken, Murray had to return the baby to his biological parents after five months. She has since filed a lawsuit against the clinic. An analysis revealed over 300 lawsuits from 2019 to 2024, mostly related to lost or damaged embryos and medical errors. The rise in lawsuits parallels the boom in the fertility industry, with the number of procedures increasing significantly in recent years. Despite this growth, IVF clinics are not held to the same reporting standards as hospitals for serious errors. Notably, while many states require hospitals to report mistakes, such expectations do not apply to IVF clinics. Most inspections come from accreditation organizations rather than government oversight. As a result, patients have difficulty seeking justice when mistakes happen. Some patients and legal experts are pushing for more regulation. Adam Wolf, an attorney, believes more oversight is crucial to prevent future errors. Marissa Calhoun, another patient, expressed hope that advocacy will lead to better protections for IVF patients. However, the exact frequency of IVF errors is unclear due to the lack of reporting requirements. Legal cases often emphasize financial harm rather than emotional distress, making them harder to prove. The industry argues that mistakes are no more common than in other medical fields. The debate over IVF regulations is complicated by reproductive rights issues. In Alabama, a court ruling classified embryos as children, prompting some clinics to pause services until protective legislation was enacted. As discussions about IVF continue, key political figures, including former President Trump, have shown interest in both improving access to IVF and reviewing regulations. This ongoing dialogue reflects broader tensions around reproductive health in the U.S.