Solomon's sentence?

What is going to happen now following the failure of fertilization

Apart from a difficult and shocking human story, the mistake of returning the embryos provides many ethical, legal and even religious questions.

Although such a case has never occurred in Israel (and it's a good thing), we asked to check with tort experts - what is going to happen now?

Voila system!

health

09/15/2022

Thursday, September 15, 2022, 1:21 p.m. Updated: 2:23 p.m.

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IVF (Shutterstock)

Yesterday (Thursday) an extraordinary story was published that keeps many parents and parents-to-be in Israel awake.

In a genetic test performed on a woman in the seventh month of her pregnancy, who underwent embryo retrieval as part of fertility treatments, it was discovered that she is carrying an embryo that is not genetically compatible with her and her partner.

That is, there was a mistake in the process of returning the embryos, and an embryo of another couple was returned to the woman's womb.

This insemination failure occurred at Assuta Hospital in Rishon Lezion, where during an investigation, 40 additional possible female patients were located who are related to the incident.

"After mapping, we located patients for whom there is a possibility (although this is a low probability) that they are related to the incident. We stopped all activity around these fetuses, and as necessary, we will contact those patients immediately," the hospital said.

Mapping is now being done for all the couples undergoing fertility treatment in Assuta, to examine whose embryos are in the pregnant woman's stomach, and where her embryos are.

"There is a hysterical failure here"

Attorney Amikam Haralf, expert in tort claims, medical malpractice and insurance

"The basic thing is that it is 100 percent clear to me that there is a hysterical omission here. If there is a nightmare common to every mother, it is that someone has replaced her children, so there is certainly grounds for a lawsuit," Lavala said!

Health attorney Amikam Haralf, an expert in tort claims, medical malpractice and insurance, and added: "I have never encountered such a problem in the 50 years I have been in the profession."

In this difficult scenario there are two options: if there is an exchange of babies, that is one story, and if the woman's fetus is not found - there is another complexity here, and a risk of a modern "Solomon's trial".

"There is a situation where her embryos are grown by someone else. This is the most dramatic part of the whole business," said the lawyer.

If in the best case, "the birth of all the fetuses will be a good birth, then the mothers are actually like surrogates - then a lawsuit can be filed but it will not be big because the result is ultimately good, then the standards are completely different."

More in Walla!

The disturbing phenomenon that happens again and again in fertility treatments

To the full article

But, in the worst case scenario, the situation is completely different.

"If we don't know where her fetus is. It's a situation I don't know how to answer - but it's undoubtedly a one-time claim. How do you build the assessment of the damages? There are questions we don't know how to answer," Haralaf said, "If she gives birth to a child that he is hers, and his parents will come to ask for him - this is Solomon's sentence.

It's basically genetics versus emotion.

If the exchange between her children and other children is not carried out - I do not envy the judge who will deal with it."

"Medical negligence that screams to the sky"

"The issue of banning abortion may generate questions of religion and Halacha, which could throw the whole issue into a bigger complication."

Galia Lifshitz-Seltzer, a leading lawyer in the field of torts, said, adding that "this is a serious scandal. The first time, and hopefully the last, that this happens in Israel."

"From a legal point of view, on the face of it, assuming that the things published are true, here is one of the most obvious cases of medical negligence that cries out to the heavens," added Attorney Lifshitz-Seltzer, "Even so, this is a population that enters the procedure with certain sensitivities, one that needs help and undergoes a stressful procedure , and beyond this pressure there is always the fear of what will happen."

These are couples who are still going through a complex and stressful procedure.

A pregnant woman (Photo: ShutterStock)

"There are so many variables here and sub-damages that need to be examined," said the lawyer, "this is a complicated case and I believe that as time goes by its enormous dimensions will continue to grow and grow. I would dare to say that this is one of those exceptional cases where beyond the pain and suffering, there is room for punitive damages The civil and even the criminal. Usually the courts refrain from awarding punitive damages on the civil side for all kinds of reasons, maybe only in cases of terrorism. But on the face of it this sounds like the type of extreme cases."

How is in vitro fertilization performed?

In vitro fertilization (IVF) is one of the most common treatments among fertility treatments, in which an egg and a sperm cell are actually brought together under laboratory conditions.

For this, eggs are extracted from the woman's body, and they are fertilized with the sperm cells under laboratory conditions.

Embryos whose division and development are normal are transferred to the uterus two to six days after fertilization.

The recommendation on the number of embryos to be transferred is based on the quality of the embryos, the woman's age, her medical history, the number of treatments she underwent and more.

One of the most common treatments among fertility treatments.

In vitro fertilization (Photo: ShutterStock)

Attorney Galia Lifshitz Seltzer is an expert in medical malpractice (Photo: Dana Shimoni)

The insertion process should take place strictly, during a long and certain identification process of the father and mother.

Usually, there is an identification of two laboratory workers on the egg and sperm of the husband and wife.

When the return time comes, the woman is in the return room next to the laboratory.

The saucer with the woman's embryos is taken out of the incubator, and two laboratory workers again recognize that the name on the saucer matches the woman.

Before the return process, the woman is once again actively identified by identifying my name.

"I suppose they had to ask, according to very, very clear identification procedures, and these procedures must be in several stages - of pumping, keeping, fertilizing and returning," said attorney Lifshitz-Seltzer, "there must be complete separation.

This is not a factory with an assembly line.

The mistake here is criminal negligence." She added that "the discovery of the additional cases may create panic, not only for present and future cases, but also for past cases.

We don't know where it begins and where it ends.

I'm afraid that this fear will be relevant to everyone who has ever undergone such a procedure, not only to current couples."

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• in vitro fertilization

• Asuta

• Medical Malpractice