Expert Witness Fertility Law

Expert Witness Fertility Law

Louisa Ghevaert is a recognised leading expert in fertility, surrogacy, donor conception, family and children law in the UK. Click here to read more about Louisa Ghevaert’s specialist legal practice.

Louisa Ghevaert provides bespoke specialist expert witness legal services within medical negligence proceedings in the English Court in cases where claims for damages are made following impaired or lost fertility (e.g. missed cancer diagnosis, gynaecological/obstetric injury). These expert witness legal services (including written and oral evidence) can:

• Support a ‘fertility’ claim for damages (e.g. to identify and address complex fertility, surrogacy, donor conception and family law issues in individual cases and quantify associated family building costs through assisted conception in the UK and internationally to assist preparation of schedules of loss and overall quantum of a claim).
• Defend a ‘fertility’ claim for damages (e.g. to defend a claim brought by a claimant for family building costs through assisted conception on behalf of a defendant hospital or medical trust).

Louisa Ghevaert was the instructed legal expert witness for the Claimant on fertility, surrogacy and donor conception law in the landmark medical negligence case of XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB), helping secure the first ever award in the UK for altruistic surrogacy and fertility treatment totalling £74,000. Louisa was awarded a place on The Lawyer Hot 100 List 2018 for her expert witness legal role in this important legal ruling and other fertility milestone cases, describing her ‘as an influential figure when it comes to ensuring fertility laws are fit for purpose in the 21st century’.

Louisa went on to provide further expert witness fertility law evidence in this matter in XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832 and Whittington NHS Trust v XX [2020] UKSC 14, where the Claimant was ultimately successful in an award of £558,000 in damages for the costs of fertility treatment, donor conception and international commercial surrogacy in California in the US. These legal rulings mark an important watershed in the development and intersection of fertility, surrogacy, donor conception and medical negligence law in the UK. (See well known cases section below for more detail).

Our expert witness fertility law service can help support or defend fertility claims in a range of situations, including:

• Birth injury and/or hysterectomy.
• Incorrect, missed or delayed cancer diagnosis (e.g. resulting in infertility following surgery and chemotherapy).
• Surgical negligence resulting in impaired or lost fertility.
• Fertility treatment negligence.

We are experienced at working on a multi-disciplinary basis with individuals, expert medical negligence lawyers, barristers, clinicians and psychologists to achieve the best outcome.

Well Known Cases

Louisa Ghevaert has in-depth leading expertise as an instructed expert legal witness in fertility, surrogacy, donor conception and children law within medical negligence proceedings in the English Court, including:

XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB); being the first legal case in the UK in which the High Court awarded damages of £74,000.00 to a woman for altruistic UK surrogacy and fertility treatment following a delay in detecting cancer in smear tests and biopsies. Louisa gave expert written and oral evidence before the presiding Judge Sir Robert Nelson in the High Court.

XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832; where for the first time the Court of Appeal awarded damages of more than £1.1 million including costs of approximately £558,000.00 for the costs of fertility treatment, donor eggs and commercial surrogacy x4 in California for a woman rendered infertile and unable to carry a pregnancy following a delay in detecting cancer in smear tests and biopsies. Louisa Ghevaert gave expert evidence in the case, which featured in The Telegraph 19 December 2018 and The Times, The Telegraph, The Mail Online and The Mirror on 27 January 2019.

Whittington Hospital NHS Trust v XX [2020] UKSC 14; A landmark ruling where the UK Supreme Court by a majority of 3:2 dismissed the defendant hospital’s appeal. This enabled the recovery of damages for commercial surrogacy, donor conception and fertility treatment in the US for a woman rendered infertile and unable to carry a pregnancy following a delay in detecting cancer in smear tests and biopsies. Louisa Ghevaert gave expert evidence in the case, which featured in The Guardian (1 April 2020) and in BioNews (6 April 2020).

News and Commentary

Louisa Ghevaert regularly features in the media and commentates on fertility, surrogacy, donor conception, children law issues, including:

“The UK Supreme Court awards damages for commercial surrogacy”, by Louisa Ghevaert in BioNews (6 April 2020).

“UK woman wins claim for NHS to pay US surrogacy costs”, the Guardian (1 April 2020). (Louisa Ghevaert gave expert evidence in the case)

“I want the NHS to pay for 4 surrogate babies”, the Times (27 January 2019). (Louisa Ghevaert gave expert evidence in the case).

“Woman sues NHS to pay for four surrogate babies after blunder left her infertile”, the Mirror (27 January 2019). (Louisa Ghevaert gave expert evidence in the case).

“NHS launches last-ditch fight to stop woman it left infertile having four surrogate babies in US at taxpayers’ expense”, the Daily Mail (27 January 2019). (Louisa Ghevaert gave expert evidence in the case).

“Woman left infertile after NHS failed to detect cancer for four years awarded £580k to cover surrogacy costs”, the Telegraph (19 December 2018). (Louisa Ghevaert gave expert evidence in the case).

Click here to read more about Louisa Ghevaert’s media work and commentary.