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Lost sperm sample

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wonkabar007 | 10:51 Thu 12th Jan 2012 | Law
4 Answers
Hi I need some advice

When I was 15 I was diagnosed wiith Hodgkins lymphoma and was treated successfully after one relapse with 4 courses of chemotherapy and 1 of radiotherapy.

The treatment can leave you infertile so before I had any I was referred to the hospital of reproductive medcine to provide a sperm sample to be put into storage for when I want children. I assumed this was done as I provided the sample and it was all done a.nd dusted.

I go for followup once a year to keep an eye on any secondary tumors or relapse of the lymphoma.

On my last follow up in 2011 I decided to ask how I go about getting access to the semple as I haven't had any info. The doctor, whom I had known throughout the treatment and now 11 years (I'm now 26) didn't seem to know anything about me putting this sample in storage. A bit strange as it was he who referred me all those years ago. No records either! (luckily I found a consent letter granting access to a university to access info about it proving I had done it)

I then went for a fertility test and it turns out I am infertile so would need this sample top be a biological father. I saw the doctor and a consultant specialist in reproductive medcine to discuss these results and they didn't mention this cock up and just talked about other options such as adoption and donation. I obviously brought it up and they said there was no records I produced the sample. I produced the letter and they said they would look into it. Records showed up mysteriously a few days later (I smell a cover up of a mistake they knew about). It turns out the sample I produced was to small and that I should have gone to produce another before treatment. This was never communicated to me and I assumed it was fine.

Treatment commenced, it took 2 years, but was successful. I am forever grateful to them for this! But the administrative mistake that has cost me the chance of ever having children of my own shouldn't have happened.

Do I make a claim for administrative negligence?

S




On my last follow up I decided out of
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If the post os true (and I dont doubt that it is - just that you do get some strange people on here posting strange stories sometimes).. then i would say you do have grounds for a case for something...
You probably need to speak to a lawyer pronto - someone who specialises in medical negligence.
Others here will also be able to provide better advice I expect!
Good Luck
It would have been too small for the fertility treatments available then sadly it would possibly have been enough for some of the more complicated methods around now .. I would contact the law society to ask if there are any specialist solicitors in your area in the field of medical negligence and it would be worth paying for an appointment to see if you may have a case.
yeh i cant imagine a small sample being totally useless... i mean there are millions of sperm in a blob the size of a pinhead, let alone a pea... and id imagine you would have produced more than that - or youd have seen it was a very small amount at the time.

seems odd that it would be too small.

i would certainly claim for any treatments you and your girlfriend can have and for negligence... if only on principle that they have also tried to BS you...
i'm so sorry this has happened to you. I can only echo the above in that you should see a solicitor. However, if you use the NHS complaints system first, that is free, and their response will probably inform you if you can do anything, or how fruitful it might be to persue it. They usually say you need to make a complaint withn 3 years, but that is also extended to time after you became aware of the problem.
PS you can't do the two of them concurrently. If you are taking legal action, the NHS complaints system will not investigate (at the same time).

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