Vident Partners provides vetted reproductive endocrinology and infertility expert witnesses for cases involving embryo and gamete mix-ups, cryopreservation tank failures, IVF laboratory errors, ovarian hyperstimulation syndrome, failed genetic screening, and disputes over stored reproductive material. Request a referral today.
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Reproductive endocrinology and infertility experts address the clinical and laboratory conduct of assisted reproductive technology, an area that generates a distinctive mix of malpractice, bailment, contract, and emotional distress claims. Subspecialty certification is administered by the American Board of Obstetrics and Gynecology and is available only to physicians already certified in obstetrics and gynecology; the pathway requires completion of an ACGME- or ABOG-accredited fellowship, successful defense of a thesis, a computer-based Qualifying Examination, and an oral Certifying Examination assessing independent subspecialty practice 1. REI fellowships are three-year programs combining clinical and surgical training with a substantial protected research component 2.
The laboratory is where the most consequential errors occur, and it is regulated differently from the clinic. Under the Fertility Clinic Success Rate and Certification Act, every assisted reproductive technology program must report annually to the Secretary through the CDC the pregnancy success rates achieved through each technology -- including the basic live birth rate per ovarian stimulation procedure attempted and the live birth rate per successful oocyte retrieval -- and must identify each embryo laboratory it uses and whether that laboratory is certified 3. The companion provision directs development of a model embryo laboratory certification program with standards for consistent performance of procedures, quality assurance and quality control, maintenance of records on procedures, personnel qualifications, facilities and equipment, and periodic unannounced inspections, while expressly disclaiming any supervision or control over the practice of medicine 4. Because certification is delivered through a voluntary state-adopted model rather than a mandatory federal licensure scheme, the practical standard of care in the embryo laboratory is usually established through professional guidance rather than regulation.
That guidance comes chiefly from the American Society for Reproductive Medicine, whose Practice Committee documents, committee opinions, and ethics opinions address witnessing and protocol deviations in the IVF and andrology laboratory, embryo transfer technique, intracytoplasmic sperm injection indications, recurrent implantation failure and pregnancy loss, and family building for LGBTQ+ and transgender patients 5. Chain-of-custody and witnessing protocols are frequently dispositive: in a mislabeled-specimen or wrong-embryo case, the question is almost always whether a double-witnessing or electronic identification step existed and whether it was performed.
The litigated fact patterns cluster into five groups. First, identity errors -- transfer of the wrong embryo, insemination with the wrong sperm, and specimen mislabeling. Second, cryostorage failures, where a tank alarm, liquid nitrogen level, or maintenance contract failure destroys stored embryos or oocytes and the claim is pleaded in bailment and negligence as much as in malpractice. Third, clinical complications, principally ovarian hyperstimulation syndrome, oocyte retrieval injury to bowel or vessels, and unrecognized ectopic pregnancy. Fourth, genetic screening failures, including preimplantation genetic testing errors and inadequate carrier screening leading to wrongful birth and wrongful life claims. Fifth, consent and disposition disputes over stored embryos on divorce, death, or clinic closure. Damages theory varies sharply across those groups, and counsel should confirm early whether the retained expert's practice includes the specific laboratory or clinical process at issue.
The Fertility Clinic Success Rate and Certification Act requires every assisted reproductive technology program to report annually to the CDC its pregnancy success rates by technology and to identify each embryo laboratory it uses and whether that laboratory is certified.
Case Types
Embryo, oocyte, and sperm mix-ups and specimen mislabeling
Cryopreservation tank failure destroying stored embryos or gametes
Ovarian hyperstimulation syndrome and oocyte retrieval injuries
Preimplantation genetic testing and carrier screening failures leading to wrongful birth claims
Consent and disposition disputes over stored embryos on divorce, death, or clinic closure
Misreported clinic success rates and informed consent regarding likelihood of live birth
Qualifications
Related Specialties
FAQ
The expert should hold ABOG subspecialty certification in reproductive endocrinology and infertility, which requires prior ABOG certification in obstetrics and gynecology, completion of a three-year accredited fellowship with a defended thesis, and passage of both a written qualifying examination and an oral certifying examination. Where the alleged error occurred in the embryo laboratory rather than the clinic, a laboratory director or embryologist expert is usually needed as well.
These experts are retained in embryo and gamete mix-up cases, cryopreservation tank failures, ovarian hyperstimulation syndrome and retrieval injury claims, preimplantation genetic testing and carrier screening failures, and disputes over the disposition of stored embryos following divorce, death, or clinic closure.
Federal law requires ART programs to report annual success rates to the CDC and to identify their embryo laboratories and each laboratory's certification status, and it directs the development of a model embryo laboratory certification program covering procedure consistency, quality assurance, records, personnel qualifications, and unannounced inspections. That model program is adopted voluntarily by states rather than imposed as federal licensure, so in practice the operative standard of care in the laboratory is usually established through ASRM practice guidance and the clinic's own written protocols.
Loss or misuse of stored reproductive material does not fit neatly into traditional bodily injury malpractice. Plaintiffs commonly plead negligence alongside bailment, breach of contract, and negligent infliction of emotional distress, and damages theories vary substantially by jurisdiction. The expert's role is often narrower than in a malpractice case: establishing what witnessing, labeling, alarm, and maintenance protocols the standard of care required, and whether they were followed.
In general, medical expert fees are determined by the expert themselves, based on a variety of criteria. Among those criteria are clinical experience, forensic experience, academic qualifications such as Fellowships, clinical settings, and publications. Vident does have some influence over expert fees by comparing experts within a specialty, but ultimately it is a personal decision by the expert.
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