Case Study: Four Families Gain Justice by Unmasking an Unqualified IVF Doctor
AWARD: Undisclosed
Case Synopsis
Case Type
Medical Malpractice
Injury
Pain and Suffering and Monetary Damages Due to IVF Malpractice
Defendant
Doctor and Hospital in New York (names undisclosed)
Case Attorney
Adam H. RosenblumNot every doctor who puts on a white coat is qualified to wear it.
One afternoon, I received a phone call from a couple in upstate New York. The couple had been trying to conceive for several years without success. Like many other couples, they dreamed of having a child of their own, and they turned to in-vitro fertilization (IVF). They entrusted this dream of having a family to a doctor in a New York hospital. Their doctor was seemingly skilled in the fields of gynecology, surgery, and assisted reproduction.
The couple’s doctor served as the Director of a well-known IVF Center, claiming to specialize in fertility and advanced reproductive medicine. The facility promised “state-of-the-art services” in many areas, one of which was IVF. IVF is a process by which an egg is fertilized in a lab setting and then implanted in a woman’s uterus with hopes that it will develop into a baby. The hospital’s brochures boasted that this particular doctor had extensive training in endocrinology, intrauterine insemination, IVF, and ICSI. The couple had no reason to believe that the doctor they consulted was anything less than qualified and competent in performing IVF procedures.
At the time, IVF was largely paid for out of pocket, and the couple turned to friends and family to help them cover the cost of the procedures. But to them, the money was worth it if it meant they would one day bring a child of their own into the world. The couple’s doctor and administration of IVF treatments were a beacon of hope in their life. They believed that under his care, they would soon return home with a baby in their arms.
The couple endured multiple IVF procedures, each more emotionally and financially draining than the last. The female partner underwent numerous rounds of hormone treatments and invasive procedures, and endured the emotional turmoil that came with each episode of disappointment. They grew increasingly concerned with the effectiveness of the treatment.
Eventually, their trust was shattered when they realized the unsuccessful IVF treatments may have been due to their doctor’s actions.
The couple turned to me for legal guidance and to uncover the truth.
To make matters worse, this was not an isolated case. We ended up filing lawsuits against the NY hospital on behalf of four different families, all scarred and emotionally exhausted from what they endured at the hands of their doctor. Each woman bore the haunted look of one who had been through a prolonged trauma, and each family’s experience left them emotionally wounded. All four families also spent enormous amounts of money on IVF procedures that offered no results. Ultimately, I aimed to prove that these families had endured unnecessary pain, suffering, and financial burdens due to medical malpractice on the part of the doctor and the medical facility.
In order to discover what kind of medical malpractice occurred, my first step in the investigation was to obtain the medical records. As I sifted through the documents, a troubling pattern emerged. The records revealed inconsistencies and gaps in the doctor’s credentials. The experienced and skilled doctor who the hospital boasted about was a facade. This was not just a case of a doctor making a mistake; it was a case of a doctor who was fundamentally unqualified to perform the procedures he was entrusted with.
Further digging revealed that the couple’s doctor had very limited training in reproductive endocrinology. The doctor’s experience came from a short-lived internship and very minimal hands-on experience. He did not meet the stringent qualifications required to perform specialized procedures or practice medicine in the fields of gynecology and assisted reproduction, yet he had been practicing as if he did.
Every hospital should have a credentialing committee to ensure that the doctors they hire are adequately qualified. The hospital had clearly failed in this regard, allowing this doctor to sell himself as a specialist in a field where he was grossly underqualified.
It was also revealed that the couple’s doctor administered IVF treatments to the women knowing that in a few weeks, his license to practice medicine was going to be restricted. None of the patients were aware of this during their procedures. This doctor knew that he was unqualified, and he knew that his license was pending suspension; he had no business giving false hope to these four families.
One of the questions that arose during the case was if any of the women were physically unable to conceive a child through IVF, which would take the blame away from the doctor. However, as the case continued, a female partner in one of the couples conceived and had a child successfully. This proved that she was not physically incapable of having children. The logical conclusion was that there had been malpractice on the part of this doctor and the NY hospital.
Charges were brought against the doctor by the New York State Office of Professional Medical Conduct and the doctor did not contest (i.e. admitted to) 90 allegations of professional misconduct made against him involving 13 patients over a four-year period. Some of these charges included gross negligence, fraudulent practice, performing unauthorized procedures, and abandoning or neglecting a patient. Ultimately he was permanently barred from practicing medicine in the State of New York.
Our position was clear and unwavering: This doctor had no business performing these procedures.
He had misrepresented his qualifications and, in doing so, had caused unnecessary pain and suffering to these four families. The lawsuits sought to hold him accountable for the financial and emotional damage he had inflicted.
The case went to mediation, with a former chief judge of the New York State Court of Appeals (the highest court in New York State) serving as the mediator. Each side submitted a detailed document outlining their background and position. Our submission was a compelling narrative of how each family’s trust was betrayed, backed by solid evidence of this doctor’s lack of credentials and the hospital’s failed credentialing process.
In the end, all four cases were settled for several hundred thousand dollars, with each family receiving different amounts based on their individual circumstances. While no amount of money could truly compensate for the emotional distress and financial strain these couples had endured, the settlement provided the justice and closure that each family desperately needed.
This case reinforced a crucial lesson: everyone has the right to expect that their doctor is adequately qualified to treat them. If you have any doubts about your doctor’s qualifications or the level of care you are receiving, do not hesitate to seek a second opinion or consult with a professional.
For those who find themselves in similar situations of malpractice, remember that you have the right to take action by hiring a personal injury attorney. Everyone who visits a doctor or a medical facility deserves to have trust in the quality of care they will receive. Doctors and facilities who break this trust must be held accountable, ensuring these medical malpractice tragedies are not repeated.
The story of these four families serves as a somber yet important reminder that while a white coat does not guarantee competence, every patient has the right to question who is wearing it if circumstances are suspect.