Fertility Clinic Malpractice Beyond IVF: Embryo Freezing and Storage Errors

Fertility treatments have opened new doors for individuals and couples seeking to build a family. Techniques such as embryo freezing and storage, a part of assisted reproductive technology (ART), provide hope for those who may not be ready to conceive immediately or are undergoing medical treatments that could impact fertility, such as chemotherapy.
These procedures can be life-changing, but they demand careful attention and high medical standards. When clinics do not meet these responsibilities, the results can be emotionally and legally devastating. More patients are now sharing painful stories of embryo loss, mix-ups, or equipment problems, often caused by mistakes or poor practices at clinics.
At Oran Partners, we are Turkey’s only law firm focused only on medical malpractice. We have helped many people with fertility clinic malpractice cases. In this article, we explain how mistakes can happen with embryo freezing and storage, what your legal rights are, and how our team can support you in seeking justice.

Understanding Embryo Freezing and Storage

Embryo cryopreservation, commonly known as embryo freezing, is the process of preserving embryos at extremely low temperatures using liquid nitrogen, typically -196°C. These embryos can remain viable for years, allowing patients to attempt pregnancy at a later time.
To maintain embryo viability, clinics must:
  • Accurately label and track each embryo
  • Maintain consistent and safe storage temperatures
  • Routinely monitor and maintain cryopreservation tanks
  • Employ trained staff to handle and manage samples
  • Provide transparent communication about risks and responsibilities
This process depends on clear protocols, reliable technology, and careful human supervision. If any step is missed, the consequences can be severe, such as losing all embryos or having embryos implanted in the wrong person.

Common Types of Fertility Clinic Malpractice in Embryo Storage

Fertility clinic malpractice may occur during any stage of embryo freezing or storage. Below are some of the most frequently reported and legally actionable errors:

1. Temperature Failures

Failure to maintain liquid nitrogen tanks at the correct temperature may result in premature embryo thawing, rendering them unusable. This is often caused by:
  • Broken or poorly maintained sensors
  • Power outages without backup systems
  • Failure to notice the warning signs of malfunction

2. Mislabeled or Switched Samples

Embryos are mixed up due to human error, resulting in:
  • Wrongful implantation into another patient
  • Genetically children born to unrelated parents
  • Legal and emotional chaos for all parties involved

3. Loss or Destruction of Embryos

Negligent handling, faulty equipment, or inadequate recordkeeping can lead to the complete and irreversible loss of all stored embryos.

4. Failure to Monitor Storage Tanks

Cryopreservation tanks require routine inspections. Failure to monitor liquid nitrogen levels or detect early warning signs can lead to preventable disasters.

5. Unqualified or Undertrained Staff

Inadequate training leads to poor handling, contamination, or documentation errors. Embryologists and lab technicians must be properly credentialed and supervised.

Your Legal Rights After a Fertility Clinic Error

If you have experienced an embryo storage error, you may have grounds to file a medical malpractice claim. Courts recognize the profound emotional and financial toll these incidents can take.

You may be entitled to compensation for:

  • Emotional distress and psychological trauma
  • Financial losses, including costs of prior fertility treatments and future surrogacy or egg retrieval
  • Loss of reproductive opportunity, particularly in cases where further attempts may not be possible due to age or medical reasons
  • Corrective medical treatment and related healthcare expenses
  • Pain and suffering for the impact on your life and future
If a clinic has shown repeated carelessness or ignored safety rules, you might also qualify for extra compensation. This is meant to hold the clinic responsible and help prevent similar mistakes in the future.

Proving Malpractice in Embryo Storage Cases

To establish liability in a fertility clinic malpractice claim, the following elements must be proven:

1. Duty of Care

The clinic owed you a duty to store and protect your embryos with reasonable skill and care, as outlined in medical standards and contractual agreements.

2. Breach of Duty

The clinic failed to meet those standards through equipment failures, mislabeling, inadequate training, or lack of maintenance.

3. Causation

There must be a direct link between the breach and the harm caused. For example, proving that the embryo loss occurred due to poor storage practices rather than a natural decline in embryo viability.

4. Damages

You must show that you suffered actual damages, emotional, financial, physical, or reproductive.
These cases often require expert testimony from embryologists, fertility doctors, and biomedical engineers to assess protocols, storage conditions, and the timeline of events.

How Oran Partners Can Help

At Oran Partners, we know that fertility clinic malpractice is more than a legal problem. It is a deeply personal and emotional experience. Our team is here to support individuals and families who have been affected by these difficult situations.

We provide:

Detailed analysis of clinic policies, maintenance logs, staff qualifications, and patient records
Collaboration with reproductive medicine experts to evaluate whether accepted standards of care were followed
Multilingual legal services for international patients who underwent treatment in Turkey
Strategic legal representation, including settlement negotiation and courtroom litigation when necessary
Compassionate support, ensuring you feel heard, respected, and guided throughout the legal process
We have helped clients get justice and compensation that covers medical costs, emotional recovery, and future planning.

What to Do If You Suspect Fertility Clinic Malpractice

If you think your embryos were mishandled, lost, or destroyed, it is important to act quickly. Here are the steps you should take:

1. Request Documentation

Secure copies of:
  • Medical records
  • Lab reports
  • Storage agreements
  • Temperature logs
  • All communications with the clinic

2. Get an Independent Evaluation

Ask another fertility specialist to assess the condition of any remaining embryos and provide insight into whether proper procedures were followed.

3. Document Your Losses

Keep records of:
  • Fertility treatment expenses
  • Therapy or counseling bills
  • Missed work or income
  • Emotional impacts on your personal life and relationships

4. Consult an Experienced Malpractice Lawyer

Don’t navigate this alone. A lawyer can help preserve evidence, assess legal liability, and take swift legal action.

Important: In Turkey, medical malpractice claims are subject to strict statutes of limitations. Time limits can vary depending on when you discovered the error, so it’s critical to act quickly.

Protect Your Future Seek Justice Today

Choosing a fertility clinic is a very personal and important decision. If a clinic’s mistakes have broken your trust, you deserve justice for what you have lost and for your future.
Contact Oran Partners today for a free, confidential consultation.
Let our expert team help you understand your rights and pursue the compensation you deserve.