As scientific development grows, it is becoming increasingly common for couples to undergo fertility treatment.
Whether there is difficulty conceiving or as a result of illness, such as cancer where chemotherapy can affect fertility, freezing egg and sperm samples has now become an option for some couples.
Over the past decade it has been possible for women to ask fertility clinics to freeze their eggs but, only recently has the rate of successfully fertilised eggs dramatically improved.
Last month’s revelation that British couple Emmanuel and Zoe Iyoha were expecting their second child using a sperm sample frozen 19 years ago after Emmanuel was diagnosed with cancer, clearly shows the development of this treatment.
Cancer sufferers and women who want children later in life can have slivers of their ovaries frozen using Egg Vitrification Egg Storage (Eves), where the egg is dehydrated and then frozen more rapidly than conventional egg freezing. This prevents the formation of damaging ice crystals. The eggs can then be thawed out ten or more years later.
But does this raise new concerns if something were to go wrong?
Paul Cumberland, Medical Malpractice Underwriter for Lloyd’s insurer Markel, says: “Because there are risks associated with assisted reproductive technology or "IVF" there are of course insurance implications for the liability insurer of an IVF clinic. The risks can be clinical or clerical and of course exist in varying degrees of frequency and severity. For instance clinical risks are:
- Injury during removal of eggs (laparoscopy) or sperm (surgical sperm retrieval) from the patient.
- Risk of birth defects heightened: In the largest US study, which used data from a statewide registry of birth defects, 6.2% of IVF-conceived children had major defects, as compared with 4.4% of naturally conceived children matched for maternal age and other factors.
- Multiple births: This is directly related to the practice of transferring multiple embryos at embryo transfer intended to manage the risk of pregnancy loss, obstetrical complications, premature birth, and neonatal death.
- Adverse Drug Event associated with ovarian stimulation.
- Fertilisation failure (despite the patient having paid a significant sum)
“Clerical risk might include mis-labelling of samples or loss or destruction of those samples. Given the emotion and financial commitment surrounding such matters the affected party may well seek compensation from the Clinic involved.”
Cumberland adds: “If one party did not give permission to use their sample then this would be a very complex and immature area of law. The dispute would primarily be between the parents though one could envisage the clinic being pulled into the dispute if they are deemed to be complicit or having ignored relevant guidelines.”
