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Medical malpractice: Doctor secretly used own sperm, not donor's

Couples in New York who are having trouble conceiving might consider a consultation with a fertility specialist. However, a medical malpractice lawsuit that was recently filed in another state might make them reconsider. A woman in her thirties recently discovered that the doctor who cared for her mother during her pregnancy was her father rather than the man she had known as her father for all these years.

According to court documents, the woman sent a DNA sample to a genealogy website and received a reply that named a man whom she did not know as her father. She mentioned this to her mother who immediately recognized the name of the obstetrician-gynecologist who had diagnosed her husband with a low sperm count all those years ago. The doctor suggested the couple use donated sperm from a donor of their choice. The doctor soon informed them a donor matching their requirements had been found and the procedure was done; a positive pregnancy test followed soon after.

However, according to the recent DNA tests, the gynecologist never lined up the donor. Instead, he used his own sperm for the artificial insemination despite the fact that he met none of the couple's requirements. The complaint further states that the doctor continued to provide care for the mother for several more years, and he reportedly cried when they relocated to another state.

The family named the now-retired obstetrician and his practice as defendants in a medical malpractice lawsuit. The claim alleges fraud, medical negligence, battery, breach of contract and negligent infliction of emotional distress. Any New York residents who find themselves the victims of medical negligence may take similar steps. However, this is a complicated field of the law, and the support and guidance of an experienced medical malpractice attorney can be critical to the successful outcome of a lawsuit.

Source: The Washington Post, "A woman says an Ancestry.com DNA test revealed her father -- her parents' fertility doctor", Lindsey Bever, April 3, 2018

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