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Physical Injury

The law unreservedly protects IVF plaintiffs against physical injury.  It appears that if IVF plaintiffs could establish even a minor form of physical injury associated with their doctors’ negligence, they could get justice for their grievances.  Cora Creed and Jane Doe tried to find a physical injury connection by arguing that the IVF procedure itself constituted physical injury.  They argued that extracting eggs and implanting embryos were both painful surgeries and that this constitutes compensable physical injuries.  The Court denied their claims on the ground that the plaintiffs consented to the “injury” of surgery.  Creed v. United Hosp., 600 N.Y.S.2d 151 (N.Y. App. Div. 2d Dep’t 1993).


Inside Physical Injury