Embryo Transfer Mistakes: Causes, Consequences, and Legal Implications

In 2019, there was a case of embryo mix-up at the CHA fertility clinic in Los Angeles, California, between an Armenian and a Korean-American woman based in New York. They were both implanted with the wrong embryos. This mix-up was emotionally devastating to all parties involved and can be described as one of the worst tragedies in U.S. history.

It turns out the Korean American was expecting to have two Asian girls but was delivered a pair of premature boys that looked nothing like Asians. DNA analysis revealed that one of the boys belonged to the Armenian woman. This issue was taken to court, and the boy was handed over to his biological parents. Tragically, for the Korean-American, the second twin was also not biologically related to her, so she had to give up the child.

This left a permanent and replaceable scar in her life that she’s yet to recover from. Just like this story, there are other reports of embryo mix-ups spanning over a decade. What are the causes of embryo mix-up?

1. Mislabelling

Every IVF clinic has standardized labelling guidelines to prevent mix-ups. These guidelines include labelling all patients’ specimens with at least two forms of identification. A mix-up can occur in the laboratory during the careless storage or handling of the embryos, especially when the proper steps are not being followed. A compromise has serious implications. In some severe cases, it can lead to the closure of the clinic.

2. Unprofessionalism: Imagine after your implantation, you give birth to a baby that does not look anything like you or your spouse. Of course, you will be worried and want to get to the root of the problem. Then, you find out that the wrong sperm was used during the fertilisation process due to the gross negligence of the endocrinologist. In situations like this, the endocrinologist may not face harsh legal consequences, but the clinic owner would, as employers, be liable for any form of negligence or emissions from their employees.

3. Failure to Verify Identification: Verification of patient identity is critical before embryo transfer to ensure that the right embryo is being transferred to the right uterus. Errors can occur when verification protocols are not adhered to.

4. Data Entry Mistakes: Entering the wrong data or information, such as the embryo number or patient details, can lead to errors during the embryo transfer process.

Medical and Emotional Consequences

The realisation that the wrong embryo was implanted is devastating and emotionally traumatizing. The IVF process is long and painful, and sometimes implantation fails. So you can imagine the pain when it is discovered that you have been implanted with the wrong embryo. What are the implications or consequences?

1. Emotional Distress

From the story that was discussed earlier, it is clear that the woman implanted with the wrong embryo and the biological parents will be emotionally troubled. The thought that the embryo in your uterus isn’t yours and you carried the child to term only to discover you were implanted with the wrong embryo is gut-wrenching, as you will be confused and distraught about your next action. On the other hand, the biological parent will be in agony after realizing that someone else is carrying their child.

2. Complicated Pregnancy Decisions

Then comes the decision of whether to terminate the pregnancy or carry the pregnancy to term, knowing well enough that the child is not yours. There are also ethical considerations, as some countries are pro-life. Either decision is psychologically taxing and can be challenged by ethical laws.

3. Impact on Parenting and Child Custody

The issues of child custody will arise from the biological parents, as they may want to claim their child. Biologically, they are right, but then the woman who carried the pregnancy has formed an emotional attachment to the child, making it harder to give it up. This can lead to a long legal battle between both parties over an error that could have been avoided.

Legal Implications of Embryo Mix-Ups

Clinics or facilities label embryo transfer errors as accidental. However, there are profound legal implications for the clinic and personnel involved. They include:

1. Medical Malpractice: The affected patients may sue the clinics and healthcare providers involved for medical malpractice. In their argument, the clinic’s negligence and carelessness during the IVF process led to the mixup. Their negligence has also caused emotional and physical pain to those affected.

2. Breach of Contract: All standard IVF clinics have contracts that outline the services they provide. Patients sign these contracts at the beginning of the process. In the event of an embryo mixup, patients have the right to sue the clinic for breach of contract. They can also demand a financial settlement for the damages incurred, including IVF costs and physical and emotional damages.

3. Custody and Parental Rights: One significant legal question in cases of embryo mix-ups is the issue of custody. If the woman carries the wrong embryo to term, a custody dispute may arise between the woman who gave birth to the child and the biological parents. The court must decide who has parental rights. Sometimes it favours the biological parents, and other times it favours the woman who carried the child, especially if the child was born due to the clinic’s error.

4. Ethical and Moral Considerations: In addition to the legal and medical considerations, there are ethical considerations. Questions such as: Should the biological parents have automatic rights over the child? Should the woman carrying the child be entitled to keep the child if she forms a bond during the pregnancy? These ethical issues and questions can further complicate legal proceedings.

Steps to Avoid Embryo Transfer Errors

While embryo mix-ups are not so common, IVF clinics can take several steps to prevent them from happening.

1. Employee Training

All medical and auxiliary staff should be regularly trained to prevent mistakes. By doing this, it is certain everyone understands the procedures.

2. Strict Verification Protocols

Verification protocols are essential in IVF clinics. Before embryo transfer, medical staff must triple-check the patient’s identity. As medical personnel, ensure you are not distracted or carried away during this process. This should be done with all attention and focus so that you can select the right embryo and prevent mix-ups.

3. Electronic Monitoring Systems (EMS)

Modern IVF clinics incorporate electronic monitoring systems (EMS) that track embryos from the point of collection through fertilization, freezing, and transfer. These systems can prevent mix-ups, as EMS can alert staff once an error is detected.

READ ALSO: Paternity Fraud And How To Handle It

Conclusion

Transferring the wrong embryo patient is inexcusable for everyone involved. There are emotional, medical, and legal consequences, and in the worst case, it could also result in the closure of the clinic. In addition, affected facilities can be blacklisted by the public, further damaging their reputation.

However, these can be avoided through regular training, verification protocols, and the use of EMS. All of these will prevent errors from occurring in the first place.