Fertility Malpractice Lawyer in New York City
You trusted a fertility clinic with something irreplaceable. Whether you were pursuing IVF, egg freezing, or other assisted reproductive treatments, you put your hopes and your health in the hands of medical professionals who had an obligation to meet the standard of care. When they didn't, the harm can be devastating in ways that go far beyond a medical setback.
A fertility malpractice lawyer helps people harmed by negligent fertility clinics, reproductive endocrinologists, embryologists, and lab staff recover compensation for that harm. New York law holds these providers to the same standard of care as any other medical professional, and when they fall short, you have the right to pursue a claim. Michael Gunzburg, P.C. has spent 39+ years handling complex medical malpractice cases across New York City, recovering multimillion-dollar results for patients harmed by medical negligence. The firm handles every case on a contingency fee basis, so you pay nothing unless compensation is recovered for you. To speak directly with attorney Michael Gunzburg, call (212) 725-8500 for a free, confidential consultation.
Who Needs a Fertility Malpractice Lawyer in New York City?
You need a fertility malpractice lawyer if a fertility clinic's negligence caused you physical harm, destroyed or damaged your embryos, resulted in a failed treatment that competent care would have avoided, or left you with permanent consequences to your reproductive health. This includes IVF patients whose embryos were mishandled, mixed up, or destroyed through lab errors; patients harmed by improper medication protocols or hormone treatments; people who underwent fertility procedures without proper informed consent; and those whose genetic screening results were misread or incorrectly reported. These cases arise across all five boroughs, from fertility clinics and reproductive medicine centers in Midtown and the Upper East Side of Manhattan to practices in Park Slope, Flushing, and the Bronx.
Common Cases We Handle
Embryo Mix-Up or Misidentification
A fertility lab's failure to properly label or track embryos can result in the wrong embryo being implanted. This is among the most devastating errors in reproductive medicine and can have profound legal, medical, and personal consequences for everyone involved. NYC fertility clinics handling dozens of cases simultaneously must maintain rigorous chain-of-custody protocols, and failures in that system are actionable.
Destroyed or Damaged Embryos
Embryos stored in cryogenic tanks can be destroyed through equipment failures, improper temperature maintenance, or negligent handling by lab staff. When a clinic fails to maintain proper storage conditions and viable embryos are lost, the harm is often permanent and irreversible for people who may have no remaining opportunity to create additional embryos.
IVF Medication Errors and Protocol Failures
Fertility treatments involve carefully timed and dosed hormone medications. A reproductive endocrinologist who prescribes the wrong medication, miscalculates dosages, or fails to monitor a patient's response properly can cause ovarian hyperstimulation syndrome (OHSS), other serious complications, or a failed cycle that proper care would have prevented.
Failure to Perform Genetic Testing Correctly
Preimplantation genetic testing (PGT) is used to screen embryos for chromosomal abnormalities before transfer. Errors in performing or interpreting these tests, including false negatives that lead to the transfer of a genetically abnormal embryo, can cause profound harm. Labs at major NYC fertility centers must follow established protocols, and deviations from those protocols can support a malpractice claim.
Cryopreservation Failures
Egg and embryo freezing requires precise technique and strict maintenance of storage systems. When a fertility clinic's equipment malfunctions or staff fails to follow proper cryopreservation procedures, viable eggs or embryos can be rendered non-viable. For patients who froze eggs or embryos at significant personal and financial cost, the loss can be devastating and irreversible.
Informed Consent Failures
Fertility procedures carry real risks that patients have a right to fully understand before consenting to treatment. When a reproductive endocrinologist fails to explain the risks of a procedure, overstates success rates, or performs a treatment the patient would not have agreed to had they been properly informed, that failure of informed consent can itself form the basis of a legal claim.
Failure to Diagnose Conditions Affecting Fertility Treatment Outcomes
Underlying conditions like endometriosis, uterine abnormalities, or certain hormonal disorders must be identified and properly managed before and during fertility treatment. A physician who misses a diagnosable condition that affects treatment outcomes, or who proceeds with IVF without a thorough evaluation, may be liable for the resulting harm.
Why Hiring a Fertility Malpractice Lawyer Matters
Going up against a fertility clinic alone is a serious mistake. Fertility malpractice claims are among the most technically demanding in medical malpractice law. They require expert witnesses from reproductive medicine and embryology, a thorough review of clinic lab logs, equipment records, chain-of-custody documentation, and medication protocols, and the ability to establish not just that something went wrong but that it went wrong because the provider fell below the standard of care.
Fertility clinics carry malpractice insurance, and their insurers move quickly after an adverse event. By the time many patients realize they have a claim, evidence has already been organized from the defense's perspective. Without an attorney who understands how fertility malpractice cases are built, you are at a serious disadvantage.
Michael Gunzburg, P.C. has handled medical malpractice cases in New York City for 39+ years. The firm has taken on hospitals, surgical teams, and medical specialists, and has recovered multimillion-dollar results for patients whose providers failed them. That depth of experience with complex, expert-intensive malpractice litigation is directly applicable to fertility malpractice claims. This is not a firm that refers out difficult cases, it is a firm built to handle them.
Who Can Be Held Responsible?
Multiple parties may share responsibility for fertility malpractice, and a thorough investigation is required to identify all of them. The reproductive endocrinologist who designed and oversaw your treatment protocol is often the primary responsible party, but fertility malpractice frequently involves failures by embryologists who handled or stored your eggs or embryos, lab staff who performed genetic screening or other testing, fertility clinic administrators who set or failed to enforce safety protocols, nurses or other clinical staff who administered medications or monitored your response, and the clinic or hospital entity itself if institutional failures contributed to the harm. Equipment manufacturers may also bear liability if a cryogenic storage failure traces back to a product defect. Identifying every responsible party is one of the most important steps in any fertility malpractice claim, and it requires detailed review of records most patients never see.
What You May Be Entitled to Recover for Fertility Malpractice
People harmed by fertility malpractice may be entitled to recover compensation for a range of financial and non-financial losses. On the economic side, this includes the cost of the failed or negligently performed fertility treatment itself, expenses for any additional medical treatment required as a result of the malpractice, the cost of future fertility treatments you would not otherwise have needed, lost income during recovery or additional treatment periods, and the cost of alternative paths to parenthood made necessary by the clinic's negligence.
Non-economic damages address the losses that do not appear on a bill. These include the profound emotional distress caused by the destruction or loss of embryos, the grief associated with the permanent loss of reproductive potential, the trauma of an embryo mix-up, physical pain and suffering from complications, and the diminished quality of life that follows these kinds of losses. New York law recognizes that these harms are real and compensable, even when they do not carry a price tag.
Important Deadlines and Legal Rules
The most critical deadline in a New York fertility malpractice case is the statute of limitations: 2.5 years (30 months) from the date of the malpractice. This is the same statute that governs all medical malpractice claims in New York under CPLR § 214-a. The clock typically starts running from the date the negligent act occurred, not from when you discovered the problem, which means delays in pursuing a claim can permanently bar recovery.
There are limited exceptions. The continuous treatment doctrine may extend the deadline if you continued receiving treatment from the same provider or practice after the negligent act. Claims involving minors follow different rules. And if the case involves a claim against a New York City-affiliated hospital or facility, a Notice of Claim may be required within 90 days, with a shortened timeline for filing suit.
Because fertility treatments often involve a course of care that spans months or years, the date the limitations period begins to run is not always straightforward. An attorney should evaluate your specific timeline as early as possible. Waiting is the single biggest mistake fertility malpractice victims make.
What Happens After You Call Michael Gunzburg, P.C.
When you call (212) 725-8500, you speak with attorney Michael Gunzburg directly, not a paralegal or intake coordinator. That direct access continues throughout your case.
A Confidential Case Evaluation at No Cost
The first step is a free consultation where you can speak openly about what happened. Every detail you share is protected by attorney-client privilege. There is no obligation to move forward, and no judgment about the sensitivity of your situation.
Immediate Records Preservation
Fertility malpractice cases depend on records that clinics control, including lab logs, chain-of-custody documentation, equipment maintenance records, and medication orders. The firm moves quickly to identify and preserve this evidence before it is lost, altered, or becomes harder to obtain.
Expert Medical Review
These cases cannot move forward without expert testimony from reproductive medicine specialists and embryologists. The firm works with credentialed experts who review your care against the applicable standard and provide opinions that meet New York's legal requirements.
An Honest Assessment of Your Case
Not every bad outcome in fertility treatment is malpractice. If the facts do not support a claim, you will hear that clearly and honestly. If they do, you will receive a direct explanation of what your case involves, what the legal process looks like, and what compensation may be available.
No Fees Unless We Win
The firm advances all case costs, including expert fees, record retrieval, and litigation expenses. You pay nothing unless compensation is recovered for you.
Benefits of Hiring a Fertility Malpractice Lawyer
You Level the Playing Field Against a Well-Defended Clinic
Fertility clinics and their insurers have experienced defense counsel from the moment an adverse event occurs. An experienced medical malpractice attorney brings the same level of preparation to your side, building your case with the expert testimony, records analysis, and legal strategy needed to counter well-funded opposition.
Your Privacy Is Protected Throughout
Fertility malpractice cases involve deeply personal medical information. The firm handles these cases with strict confidentiality, works to resolve them through settlement where possible to avoid public proceedings, and protects your dignity and privacy at every stage of litigation when trial is necessary.
You Recover the Full Scope of Your Losses
Insurance companies focus on minimizing payouts. An attorney who has spent 39+ years litigating medical malpractice in New York City knows how to document and pursue the full value of your claim, including future costs, non-economic damages, and losses that are easy to overlook without legal guidance.
You Meet Critical Deadlines Without Losing Rights
New York's 30-month statute of limitations is unforgiving. An attorney tracks your deadlines, handles the procedural requirements, and makes sure you do not lose your right to pursue a claim through a procedural misstep.
Key Takeaways
- In New York, fertility malpractice claims are subject to a 2.5-year (30-month) statute of limitations from the date of the negligent act, not from when you discovered the harm.
- Fertility malpractice can involve embryo destruction or mix-ups, IVF medication errors, failed genetic screening, cryopreservation failures, and informed consent violations.
- Multiple parties may be liable, including the reproductive endocrinologist, embryologists, lab staff, and the clinic entity itself.
- Compensation may include the cost of failed treatment, future fertility expenses, emotional distress, and the loss of reproductive potential.
- Michael Gunzburg, P.C. handles fertility malpractice cases on a contingency fee basis with no upfront costs, and you pay nothing unless compensation is recovered.
Proven Results and Client Experience
Michael Gunzburg, P.C. has spent 39+ years handling complex medical malpractice cases in New York City, recovering multimillion-dollar results for patients harmed by negligent medical care. The firm's results in related areas of medical malpractice reflect the depth and rigor it brings to every case. The firm secured a $20 million structured settlement for a family whose child suffered brain damage due to delivery room negligence, a $3.3 million settlement after a healthy 39-year-old patient died during a routine elective procedure due to surgical and anesthesia negligence, and a $2.3 million jury verdict for a Queens woman after two physicians failed to diagnose an obvious breast cancer. These results required the same expert-intensive investigation, medical records analysis, and willingness to take cases to trial that fertility malpractice claims demand.
Clients consistently describe direct access to attorney Gunzburg throughout their case, clear communication about what is happening and why, and representation that treated them as people, not files. These qualities matter in a fertility malpractice case where the circumstances are sensitive and the emotional stakes are high.
Common Questions About Fertility Malpractice in New York City
What qualifies as fertility malpractice in New York?
Fertility malpractice occurs when a fertility clinic, reproductive endocrinologist, embryologist, or other provider deviates from the accepted standard of care and causes you harm. This includes errors in embryo handling, storage, or identification; mistakes in IVF protocols or medication administration; failures in genetic screening; cryopreservation negligence; and failures to obtain proper informed consent. Not every unsuccessful fertility treatment is malpractice. The question is whether a competent provider in the same specialty would have done things differently, and whether that difference would have changed your outcome.
How long do I have to file a fertility malpractice claim in New York?
You have 2.5 years (30 months) from the date of the malpractice to file a medical malpractice claim in New York under CPLR § 214-a. The clock typically starts from when the negligent act occurred, not from when you discovered what went wrong. Limited exceptions apply, including the continuous treatment doctrine if you continued receiving care from the same provider. If the clinic is affiliated with a New York City public hospital, a Notice of Claim may also be required within 90 days. Contact an attorney as soon as possible to evaluate your specific timeline.
Can I sue if my embryos were destroyed or damaged in storage?
Yes. If a fertility clinic's negligence caused the destruction or damage of your stored embryos or eggs, including through equipment failures, improper cryopreservation technique, or failure to maintain adequate storage conditions, you may have a viable malpractice claim. New York courts have recognized claims arising from the negligent handling of genetic material, though these cases require careful expert analysis to establish both the standard of care and the extent of harm.
What can I recover if a fertility clinic mixed up my embryos?
An embryo mix-up can give rise to claims for the emotional distress, psychological trauma, and profound personal harm the error caused, as well as economic losses. The full range of recoverable damages depends on the specific facts of what occurred and the consequences that followed. These cases are sensitive and legally complex, involving issues of parentage and reproductive rights alongside the malpractice claim itself. An attorney with medical malpractice experience should evaluate the specific facts of your situation.
What if the fertility clinic says the loss was a known risk of treatment?
This is one of the most common defenses in fertility malpractice cases, and it deserves scrutiny. Clinics often attempt to characterize negligent errors as known complications or unfortunate outcomes. That framing is not automatically correct. The fact that a risk exists does not mean a clinic is immune from liability when that risk materializes due to their failure to meet the standard of care. An attorney will retain the right experts to evaluate whether what happened to you falls within the range of outcomes a competent provider would have avoided.
How much does it cost to hire a fertility malpractice lawyer?
Nothing upfront. Michael Gunzburg, P.C. handles these cases on a contingency fee basis, meaning attorney fees and case expenses are only collected if compensation is recovered for you. The firm advances costs for expert witnesses, records retrieval, and litigation, so you can pursue your case regardless of your current financial situation.
Will I have to go to court?
Most medical malpractice cases, including fertility malpractice claims, resolve through settlement before trial. However, fertility malpractice defense counsel know which firms will take a case to trial and which will not. Michael Gunzburg, P.C. has tried malpractice cases for 39+ years and is fully prepared to go to a jury if the defense does not offer fair compensation. That willingness is part of what brings defendants to the settlement table.
Why choose Michael Gunzburg, P.C. over a larger NYC firm?
At a larger firm, your case is typically handled by associates, paralegals, or a rotating cast of attorneys you never meet. At Michael Gunzburg, P.C., attorney Michael Gunzburg handles your case directly. You reach him when you call. He reviews your records, consults with your experts, and makes the strategic decisions on your case. For a fertility malpractice victim dealing with a deeply personal and painful situation, that level of direct attention matters.
What if I am not sure the clinic was negligent?
That is exactly what the free consultation is for. Medical malpractice cases are complex, and not every bad outcome is actionable. The firm will evaluate your situation, review your records if appropriate, and give you an honest assessment of whether you have a claim. If the facts do not support a case, you will hear that clearly. There is no cost and no obligation.
Can I pursue a claim for the emotional harm alone, without physical injury?
In New York, emotional distress damages in medical malpractice cases are generally recoverable as part of a broader claim that also involves physical harm or the destruction of property with recognized legal significance. The destruction of embryos or eggs, which carry unique personal and genetic significance, has been addressed differently than ordinary property in some jurisdictions, and this is an evolving area of law. An attorney should evaluate the specific facts and applicable New York precedents in your case.
Areas We Serve
Michael Gunzburg, P.C. represents fertility malpractice victims throughout New York City and the surrounding region. The firm handles cases arising from fertility clinics in Midtown Manhattan, the Upper East Side, and the Financial District, as well as from practices in Park Slope and Brooklyn Heights, Flushing and Astoria in Queens, the Fordham and Riverdale areas of the Bronx, and communities across Staten Island. Cases are also accepted from Nassau and Suffolk Counties. New York City has one of the highest concentrations of fertility clinics in the country, and where there is high volume there is risk of error. If your case involves a clinic anywhere in the metropolitan area, the firm can help.
Schedule Your Free Consultation With a Fertility Malpractice Lawyer in New York City
If you were harmed by a fertility clinic's negligence, time matters. New York's 30-month statute of limitations means delays can permanently end your right to pursue a claim. Michael Gunzburg, P.C. offers a free, confidential consultation with no obligation to move forward. You will speak directly with attorney Michael Gunzburg, not a paralegal. There are no upfront fees, and you pay nothing unless compensation is recovered for you.
Call (212) 725-8500 or visit gunzburglaw.com/contact-us/ to get started. Taking the first step is the hardest part. The call is free and confidential.