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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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I had two cycles of ivf at a clinic and eggs didn't fertilise.

Customer Question

I had two cycles of ivf at a clinic and eggs didn't fertilise. Egg fertilised month before at previous clinic and naturally month after (although i have now miscarried). Clinic said my eggs won't fertilise due to quality although a have evidence not true. They still charge fully even though they don't they don't have cost of tending embryo and implantation surgery time . I had said to them they were triggering me too early (a week knowing my history) but they said blood work was good when I wanted the blood work results formally they said they are good forcefully (annoyed at me for challenging ) and that I was still to trigger. After failure I demanded paperwork and found they had lost blood sample and had no result. They said it didn't matter as the follicle was right size but why then do and charge me for blood test and call me later once result available to take action? They have offered me £500 off next treatment obviously I am not doing more treatment with them. The cost of two failed cycles with them was over £10000. £500 seems light and a credit note not acceptable. Can u advise next steps I should take? Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
You have two options:
- You can complain to the GMC
- This is ultimately a service, they have an obligation to provide the service with reasonable care and skill (see the supply of Goods and Services Act 1982 - S.13). The fact that they lost your blood work and negligently reviewed your report means they are potentially in breach of this section - you are entitled to claim all losses that are a naturally occurring consequences. Your options are:
(i) Complain to Trading Standards
(ii) Sue them in the County Court to recover some of your money -
What I suggest you do is start by writing to them and saying that if they do not propose proper compensation to you, reserve the right to take all action available to you including court action and a complaint to their regulator. Say to them they have provided the service negligently and accordingly you do not have faith in the continued use of their service and £500 credit is not adequate or appropriate.
I look forward to hearing from you.
kind regards
Customer: replied 3 years ago.
Thank you, ***** ***** have any guidance of what would be appropriate/adequate to receive? Thank you
Expert:  Alex J. replied 3 years ago.
Thank you.
I would say you should be repaid:
- Those treatments you paid for that were unnecessary and you would not have had, had they read the report correctly;
- A further good will payment.
Unfortunately no one can guarantee IVF works, so I would not expect a full refund, if they offer you a settlement that you are happy with I would take it to avoid court action.
Kind regards