fertility lawyer?

[PotentPotion]

I'm getting treatment with a fertility clinic in London and in 2018 had PGS testing done on my embryos, only they forgot to test one of the two embryos that were produced and only told me this year. With new technology, they have found that it's a low-level mosaic and I don't have either the information or the support I need to make a decision about what I should do. I would be a single mother. It's caused a huge amount of stress and anxiety and I would like to know if there is a fertility lawyer I could speak to about my rights?

You need to share more information. What rights are you looking at? Using the embryos despite being single, ie without consent of the father?

Or do you want to sue someone because they didn't carry the test on one of the embryos?

Or did you have the embryos put back and you are pregnant or have a child with a condition they should have been tested for?

Difficult to say as you'd need to prove surely that by not knowing about this untested embryo that you made a different decision to what you would have done?? So they found the embryo, thawed it and retested it and now you've been told it's a low level mosaic?

Why didn't you know you only got results for 1 and not 2? I PGS tested 2 last year and got a report from the clinic listing the embryos and their results. I'd have known If they missed one?

What did you do differently? Were you in a relationship with the "father" of the embryo at the time and now you're not? So you could have transferred it 2 years ago but now you don't have his consent?

Did they discard the embryo - now here you would potentially have a case that they discarded something you could have transferred?

@dontdisturbmenow It's more that they didn't test when they said they would, and then they call 2 1/2 years later and tell me this, and it turns out possibly that I could have used it?

@ivfbeenbusy They thought they tested it but hadn't; it's only when they did an audit that they realised they hadn't. I didn't get a report like the one you mention. I had two embryos and both were labelled abnormal. It turns out only one was tested. It's impossible for me to prove that I would have done something different but given that I have been trying to get pregnant I probably would have got it transferred at the time, as it might have been classified as euploid. I wasn't in a relationship, not then nor now. They didn't discard the embryo, I think when I signed the form to give consent for discarding them, that triggered the audit. And I only gave consent because they said the embryos were abnormal. So the embryo still exists and has been tested and it's low-level mosaic. I'm trying to find out more information but the clinic isn't particularly supportive.

I'd say you don't have much of a case really - it's only been a couple of years? It Would be different if it had been 10 years and you definitely weren't of an age where you could use it but it's not been that long? And you haven't suffered any detriment? - although did you pay for another cycle because you thought you didn't have any to transfer from that batch?

Yes, I've started double donation, paid for eggs and was going to pay for the treatment when I got this call. But also, I paid for a service 2 1/2 years ago that they didn't carry out. Hence I wanted to speak to a lawyer, someone who might know what I might be able to claim. Also, it's been really traumatising going through the uncertainty of it all - I'm not sure what to do with this information.

Natasha at Iris fertility would probably know who you could talk to about this. She's an ex lawyer, ivf veteran and generally lovely person. I haven't bumped into her for a few years, at one point she was considering setting up a fertility law service, don't know if she ever did. If not she'd probably know someone. Sorry you're going through this.

Thanks @Darkrainbow that's really helpful, I'll contact her. Any other leads or advice from anyone else are much appreciated.