New York IVF Malpractice Lawyers – Fertility Clinic Lawsuits NY

If you experienced embryo loss, a mix-up, or other negligence at a fertility clinic, you need the help of a New York trial attorney with a proven record of holding hospitals and clinics accountable. Contact the personal injury law firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf for a free consultation at 212-943-1090.

For more than 100 years, our NYC medical malpractice attorneys have represented victims of medical malpractice in some of the most complex and emotionally devastating cases in New York and we’ve won big. Our firm is known for taking on powerful institutions, from hospitals to fertility clinics, and securing landmark results for our clients.

Our team of experienced fertility malpractice lawyers is handling cases involving IVF and fertility clinic negligence, including embryo loss, gamete mix-ups, and wrongful birth claims. We approach each case with the skill, compassion, and strategic precision that has made us one of the most respected personal injury firms in the country.

Fertility treatment is a deeply personal journey. When it’s disrupted by preventable mistakes or reckless care, the emotional and financial toll can be overwhelming. That’s why it’s essential to work with attorneys who not only understand the law—but also understand what’s at stake.

We are not a settlement mill. We are seasoned trial lawyers prepared to fight for full justice in every case.

Fertility malpractice refers to situations where a fertility clinic, IVF laboratory, or reproductive endocrinologist fails to meet the accepted standard of care during fertility treatment. These errors, whether involving IVF, embryo transfer, cryopreservation, or donor screening, can result in irreparable harm, emotional devastation, and significant financial loss.

At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, our New York fertility malpractice attorneys bring more than a century of experience to cases involving the most sensitive and complex areas of medical negligence. Our trial lawyers have handled some of the highest-value medical malpractice claims in New York State, and we are applying that deep knowledge to hold fertility clinics accountable for preventable failures.

Below are some of the most common types of fertility clinic negligence, along with examples of how these failures have affected real families:

Embryos created through IVF represent years of emotional, medical, and financial investment. When they are lost or destroyed due to lab errors or poor protocols, the consequences are devastating. Some patients have discovered that their embryos were discarded due to internal miscommunication or mishandled during transfer by unqualified technicians.
As New York trial attorneys experienced in loss-of-chance and reproductive harm cases, we understand how to pursue full compensation when these catastrophic failures occur.

Cryogenic storage units require strict, round-the-clock monitoring. Frozen eggs and embryos can be permanently damaged if a tank malfunctions, especially without triggering an alarm or technician response. We have seen patients left with no viable embryos and no path to biological parenthood after cryostorage systems failed due to power outages or inadequate oversight.
Our attorneys work with expert witnesses in cryobiology and reproductive medicine to prove liability in these highly technical cases.

A mislabeled vial or contaminated sample may result in the fertilization of the wrong egg or sperm or render a viable embryo unusable. In some cases, parents only learn years later that their child is not genetically related to them. These incidents are not just accidents, they are often the result of poorly enforced protocols and undertrained lab staff.
We bring decades of experience litigating complex laboratory negligence cases in New York hospitals and clinics.

When the wrong sperm or egg is used during IVF, the emotional toll on families can be immense. Some patients have discovered the error after birth, leading to custody challenges and deep psychological distress. In New York, these cases raise not only questions of medical negligence, but also of personal identity, reproductive rights, and family law.
Our firm has a long track record of handling cases that intersect multiple legal domains, ensuring no aspect of your loss goes unaddressed.

There have been heartbreaking cases in which patients carried pregnancies to term only to discover that the child was biologically unrelated to them—because the wrong embryo was transferred. These errors often lead to litigation over parentage and permanent disruption of family plans.
As seasoned litigators, we know how to hold both individual practitioners and fertility clinics liable for errors in labeling, identification, and procedure.

Fertility treatments rely on strict medication protocols. When clinics overprescribe, miscalculate dosages, or fail to properly monitor hormone levels, patients can suffer serious complications such as ovarian hyperstimulation syndrome (OHSS) or internal bleeding.
Our medical malpractice lawyers in New York have handled countless cases involving prescription errors, and we are prepared to demand accountability from fertility clinics that put patients at risk.

Misdiagnosing or overlooking the true cause of infertility can lead patients down the wrong path—causing physical harm, delaying effective treatment, and wasting resources. For example, a patient with an undiagnosed uterine condition may undergo multiple failed IVF cycles when corrective surgery should have been the first step.
Our firm has secured major verdicts in cases involving delayed or wrong diagnoses.

Every patient deserves to understand the risks, benefits, and alternatives of fertility treatment before consenting. Yet some clinics pressure patients into IVF cycles without disclosing critical risks—such as the potential for embryo loss, donor-related complications, or the likelihood of failure.
We routinely litigate informed consent claims and know how to expose the gaps between what patients were told and what they were entitled to know.

Clinics must rigorously screen all sperm and egg donors for genetic diseases, infectious conditions, and hereditary risks. Failure to do so may result in the birth of a child with serious, preventable medical conditions. In documented cases, families have discovered too late that their donor carried a known genetic mutation that was never disclosed.
Our attorneys pursue wrongful birth claims with sensitivity and determination, ensuring families receive compensation for the lifelong cost of care and emotional impact.

“Our firm has handled high-stakes medical malpractice cases for decades, but few are as emotionally charged and life-altering as fertility clinic negligence. These aren’t just legal cases—they’re about family, identity, and the future. We fight with everything we have to deliver justice for our clients.”
— Ben Rubinowitz, Managing Partner,
Recognized as the #1 Super Lawyer in New York – Metro 2024

When fertility clinics or healthcare providers fail to meet the accepted standard of care, the consequences can be devastating. At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, our attorneys have the experience and resources to help victims of in vitro fertilization (IVF) malpractice and embryo loss pursue justice. If you or your partner have suffered due to negligent fertility treatment, you may be entitled to significant compensation under New York law.

Victims may recover compensation for:

• Costs of negligent or failed IVF treatments.
• Expenses for future fertility procedures or reproductive alternatives (e.g., egg/sperm donation, surrogacy).
• Medications, diagnostic testing, and post-incident counseling.

When a clinic destroys, mishandles, or wrongfully implants embryos, New York courts may allow compensation for the loss of irreplaceable reproductive material, particularly if the plaintiffs have limited or no remaining fertility options.

If a clinic’s error permanently impacts your ability to conceive a biological child, damages may be awarded for the loss of that unique opportunity—especially in cases involving age-related infertility or medical conditions such as cancer.

Courts may recognize the deep emotional trauma caused by the destruction of embryos, implantation mistakes, or the mishandling of deeply personal reproductive decisions. Plaintiffs may recover for:

• Psychological suffering
• Anxiety, grief, or depression related to fertility loss
• Strain on personal relationships

You may also recover for indirect financial harm, including:

• Lost wages from missed work or prolonged medical treatment
• Travel or relocation expenses to seek specialized care
• Out-of-pocket costs related to changing providers or treatment plans

If you’ve suffered harm due to mistakes at a fertility clinic, whether through embryo loss, misdiagnosis, or a catastrophic mix-up, you deserve answers and accountability. The attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have been trusted by New Yorkers for over 100 years to handle the most complex medical malpractice claims.

Call 212-943-1090 to schedule a free, confidential consultation with a top IVF malpractice attorney in New York City.

Prefer to reach out online? Click here to contact us securely.