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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.
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