How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Specialist claims
Sterility & Overseas Surrogacy-related Claims
Where negligent medical care causes sterility or permanent loss of fertility, the consequences can extend beyond the physical injury. In appropriate cases, the assessment may include fertility treatment and the financial consequences of pursuing surrogacy, including overseas arrangements, although recoverability is highly fact-specific and requires specialist legal evidence.
SRA regulated solicitorsConfidential initial enquiryEvidence-led assessment
Quick check
Could this apply to you?
1
Surgical or treatment error causing loss of fertility
2
Failure to preserve reproductive organs where reasonably possible
3
Delayed diagnosis leading to avoidable sterility
Last updated 6 August 2026
Understanding the claim
What can amount to sterility & overseas surrogacy?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
Surgical or treatment error causing loss of fertility
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to preserve reproductive organs where reasonably possible
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Delayed diagnosis leading to avoidable sterility
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Medication or treatment causing avoidable reproductive injury
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Need for fertility treatment after negligent care
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Potential costs associated with domestic or overseas surrogacy arrangements
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Evidence
How a sterility & overseas surrogacy claim may be investigated
Relevant evidence depends on the circumstances. Common sources include:
01
Relevant surgical and treatment records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
02
Fertility and reproductive medicine records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
03
Expert evidence on causation and future reproductive options
The evidence is considered alongside the chronology and appropriate independent expert opinion.
04
Evidence of reasonable fertility or surrogacy-related costs where legally recoverable
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
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Tell us what happened.
Questions answered
Sterility & Overseas Surrogacy FAQs
Can sterility caused by negligent treatment form part of a claim?
Potentially. The claim would need to establish that negligent care caused the loss of fertility and then assess the physical, psychological and financial consequences on the evidence.
Can overseas surrogacy costs be included?
This is a specialist and fact-sensitive area. Whether particular surrogacy-related costs are legally recoverable depends on the circumstances, the proposed arrangement and current law, so individual advice is essential.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Free initial enquiry
Talk to us about a potential sterility & overseas surrogacy claim.
Tell us what happened and our team can explain the next steps.