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Hi
We recently had IVF on the NHS and on the day of the embryo transfer, we were told by the doctors that there had been an accident and the dish holding our embryos had fallen on the flloor. They managed to rescue 4 of the 6 embryos but there was a period of about 30 minutes when they were exposed to to the air and a difference in temperature. The embryologist tried to assure us that the remaining embryos were not damaged but also said there was an increased risk of infection and the survival of the embryos. They therefore decided to transfer two embryos instead of the recommended one.
The result of the treatment was BFN and we are sure that the accident had a major influence on the result.
We would like to know where we stand lgally, do we have grounds to request a further treatment based on this mistake?
Thanks for any advice.
 

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Hi Mila27

Whether you have any kind of formal legal claim to compensation/funded treatment is a question of negligence and contract law, and something you would need to speak to a lawyer who specialises in litigation work about (apologies that it's outside my area of expertise).  Alternatively or in addition, you may also want to explore your clinic's complaints procedure and whether you can agree something more informally with them.

Best of luck

Natalie
 
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