In 2007, Nancy Andrews and her husband sued a Long Island fertility clinic after it was revealed that they had inseminated her with the wrong man’s sperm.
Nancy and her husband approached the New York Services for Reproductive Medicine for in-vitro fertilization treatments after struggling to conceive their second child. Nancy became pregnant soon after and gave birth to a healthy baby girl nine months later. The couple’s joy quickly turned to bewilderment, however, when it became apparent that the girl had markedly darker skin than either of her parents.
Nancy is Dominican and her husband is white, yet in addition to her darker skin, the baby girl had physical features that were more typical of someone who is of African or African American descent. DNA testing confirmed the couple’s suspicions, and it was later revealed that Nancy’s husband was not the baby girl’s biological father and that the wrong man’s sperm had been used.
Whilst the couple love their daughter, they chose to file a medical malpractice lawsuit. They stated that in-vitro fertilization treatments are difficult and complex medical procedures that are done with the sole purpose of producing a biological child of their own. The couple indicated that they were not informed that this sort of mishap could occur and that they were emotionally devastated when they found out the truth.
Ultimately, they sought unspecified damages for the error and sued the hospital for negligence. This is because the fertility specialist who treated Nancy lied to her when her daughter was born and claimed that her darker skin was an “abnormality” and that it would “get lighter over time.” Additionally, it is unsure whether another couple erroneously received Nancy’s husband’s sperm, and that he may have a biological child that he is unaware of.
The hospital’s negligence also means that because the identity of the baby girl’s real father is not known, there is no way to know her full medical history and condition, which puts her at risk for any number of hereditary conditions.
Hospital negligence is just like any other form of medical negligence. It involves improper conduct on the part of the hospital employees and/or hospital administration which results in harm to you or your family member.
Because of the complexities associated with hospital negligence medical malpractice lawsuits, it can be difficult to prove that hospital negligence occurred. Ultimately, you need to prove that the level of care that was provided to you was below the reasonable standard and that it is this poor standard of care that caused the harm inflicted on you.
Naturally, this can be difficult to prove if you are not well-versed in medical malpractice law. This means that it is crucial that you consult with a qualified medical malpractice lawyer if you wish to file a medical malpractice lawsuit for hospital negligence. The law differs between states, and so you will need to consult with an NYC medical malpractice attorney if you live in NYC so that you have the best possible chance of winning your lawsuit and receiving compensation.
If you believe that you or a family member may have experienced hospital negligence, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today.
You can call 1-866-516-5887 and speak to one of our medical malpractice attorneys for a free, confidential consultation.