New York Medical Services for Reproductive Medicine Sued for Medical Malpractice

Christina Cole

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A Commack, New York couple is suing a fertility clinic alleging they were given the wrong sperm - resulting in the wrong child. The couple claims their daughter is too dark to be theirs. Now they are suing New York Medical Services for Reproductive medicine for medical malpractice and other claims after several genetic tests confirm the Husband is not the father of the baby.

As the business for assisted reproduction technology grows in popularity, especially IVF (In vitro fertilization), this lawsuit shows the chance for mix ups to occur.

A white British couple gave birth to black twins after a IVF mix up in 2002. While this is rare, it is clear that mistakes can and do happen. It is hard to quantify how often such mistakes happen when babies are of the same race as it would be harder to detect.

A board certified reproductive endocrinologist and medical director notes "Each year in the U.S. there is approximately 150,000 procedures performed. In general, a story makes the news once a year or every other so the risk is estimated at 150,000.