For a fertility clinic, the simplest and most comprehensive way to protect your practice is to consult with an attorney upfront and periodically as the practice grows and changes. An experienced ART attorney can help your practice succeed by doing the following:
- Review the types of medical procedures done in your practice.
- Review and revise your procedures (such as requiring psychological evaluations and background checks), informed consents and other forms, and website content to make sure they protect your practice, adhere to legal best practices developing in the ART world, and won’t have negative and unintended legal consequences for your patients.
- Determine the scenarios in which the patients need independent legal representation to accomplish their goals and reduce your liability.
- Advise you on case-specific situations that may arise, such as a patient dying leaving behind genetic material in your possession, spouses arguing over genetic material in a divorce, or a person with a criminal record has applied to one of your programs.
Consultation with an experienced ART attorney in your area is strongly recommended for any clinic that operates a donation program, offers a “guaranteed conception” package, or engages in newer forms of assisted reproductive technology. There are novel issues of liability and responsibility in such matters that you will want to explore with an attorney to protect your clinic as much as possible. Search for an ART attorney near your clinic in our Attorney Directory.