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Legal Questions about Infertility

What is Infertility?

Many women have problems with infertility. Infertility is where a woman is not able to conceive children. Many women go through treatments in order to conceive. Infertility is not only where a woman cannot get pregnant, but may also be where she is not able to carry the child to full term. Many times, infertility leads to frustration, friction and disagreements leading to legal conflict. In turn, it can result in legal questions that can compound the frustrations. Many ask a Family Lawyer on JustAnswer for legal insights into issues related to infertility. Below are the most common questions about infertility answered by the Experts.

If someone got sick 17 years ago and they believe that it lead them to infertility, can the parent that didn’t follow up with the sickness be held responsible?

More than likely that in most cases this would not be possible because legally the parent did not commit a crime. They may be guilty of child neglect and refusing health care, but the stature of limitations for this is usually three years from the date of the offense. However, in other cases they may be liable for personal injury which has a statue of limitations of 6 years from the date of discovery of the injury. The problem may be in linking the illness or injury to the infertility and proving conclusively that the illness resulted in infertility. If it can be proved, then you may have a claim against the parent, but you would need to contact a lawyer to have the medial records reviewed. You can also seek the Expert opinion of Family Lawyers on JustAnswer.

Will someone have a law suit for malpractice, if a nurse did not give the right information about of medication for infertility?

In most situations this would seem to be signs of malpractice and / or negligence. Medical malpractice can occur when a doctor, nurse, hospital or other medical provider makes a medical error. Medical malpractice can be determined by two things: one being malpractice occurring within a professional relationship, and two, malpractice involving medical judgment. A failure to carry out a planned medical action or the use of a wrong plan to achieve a certain result can often be deemed to be cases of medical negligence or malpractice.

In Missouri can someone dealing with infertility for over ten years receive infertility insurance?

There are many health plans that cover infertility treatment, but someone who has been infertile for over ten years may not be consider eligible in most cases because this would be deemed to be a pre-existing condition. Any pre-exiting medical condition could lead to ineligibility for receiving insurance for that condition.

If someone has extra infertility treatments, can they be given or sold to another person who has a prescription but cannot afford them?

You cannot usually sell prescriptive items; these kinds of medications can usually only be sold by pharmacists. This kind of medications is often considered controlled. However, you can donate them to a charity and possibly get a tax donation certificate for their retail price. The other person in need of the medication can then try to receive the medications from the charity.

If a woman in New York has been going through infertility treatments, and feels it has affected her job status what are her rights?

Title I of the Americans with Disabilities Act of 1990 rules out private employers, state and local governments, employment agencies and labor unions from discrimination against people with disabilities in a job. This includes discrimination in hiring, firing, advancement, compensation, job training and other terms of employment. An employer is required to make a realistic accommodation of the disability. However, an employer is not required to lower quality or production standards due to the accommodation.

People may think infertility only happens to women, but even men can be infertile. There are many ways of going around this in order to have children – using sperm donors, egg donors, and infertility treatment are some of the options. Being infertile may be very stressful for not only women, but also men, and this can affect relationships. In turn, it can lead to legal issues and questions. When faced with legal questions related to infertility, you can ask a Family Lawyer on JustAnswer for Expert opinion and legal insights on the particulars of your case.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9396
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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Family Lawyers are Online Now

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Infertility Questions

  • I am filling out forms to partition for a legal seperation.

    I am filling out forms to partition for a legal seperation. My husband makes a lot of money and feels that he is only responsible to provide for himself. I am on disability & get $761 a month to live on. He doesn't help me and when I told him I feel he
    should be providing for me as well. He lives with his mother, and just finished paying off a new vehicle. He boasts about the expensive toys he buys himself and says he doesn't want to give me money because he likes to have things. I asked him if he would
    sende $300 a month, (which is less than what his auto pmt was) so I could get a car. He refuses to do it. Saying to me "you have things" I day "what"? "You have Sammie (my cat). Could I ask for his vehicle on the seperation form, and if he doesn't apear in
    court get it by default? (Or at least show him I am serious).
  • If the child is mine, and we do get a no fault divorce, would

    If the child is mine, and we do get a no fault divorce, would I still be responsible for the hospital costs for the birth?
  • Trying to understand the steps. My wife filed for divorce.

    Trying to understand the steps. My wife filed for divorce. I plan to respond to with a petition for Invalidity of marriage. What are the next steps? Will there be a hearing to see if my petition will be entertained and etc?
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