When individuals are hoping to have a child, they may face fertility issues that cause them to seek medical assistance. In some cases, parties may opt to have a sperm donation in order to become pregnant. Parties are often able to review profiles of possible donors and choose the one they believe would be a match for their situation. However, if a mix-up takes place and the wrong donor is used, a medical malpractice suit could arise.
Two individuals in Ohio are filing such a claim after being in a similar situation. It was reported that the parties were using a sperm donor in order to conceive a child and that they had chosen a donor who looked similar to one of the would-be parents. However, it was reported that the sperm bank provided the wrong sperm due to illegible handwriting.
The report stated that the donation was supposed to have come from donor 380, but instead, a donation from donor 330 was used. This mistake led to one of the individuals being inseminated with the sperm from a donor of a different race. The couple is now hoping to seek damages in the lawsuit that would allow them to raise their racially-diverse child in a more diverse location than the one in which they currently live.
Medical malpractice issues can arise from a variety of situations, and as this case shows, the mistake can stem from something as minor as mistaken handwriting. Though the mistake may have been simple, the repercussions may be anything but simple. The Ohio residents involved in this case may wish to ensure that they have the proper knowledge for moving forward with their legal action in the hopes of an agreeable outcome.
Source: wkyc.com, “Ohio women sue after receiving wrong sperm”, Sara E. Shookman, Oct. 2, 2014