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Embryo Mix-ups and Mishaps: A Review of Legal Cases Pertaining to Liability of IVF Facilities

IVF facilities that breach their duty to properly label, handle, and store embryos subject themselves to legal liability. Aside from the monetary concerns, the risk of losing credentialing or licensure also exists. In order to be successful in a lawsuit, the patient must prove by the preponderance of evidence that an IVF facility has a duty to the patient, that this duty was breached, and that the breach was the proximate cause of the patient’s damages. Legal causes of actions against IVF facilities when embryos are lost, destroyed, or mixed up may include wrongful death, negligence, loss of…

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