The recent lawsuit filed against the Fertility Center of Orlando is every hopeful parent’s worst nightmare. After years of emotional and financial investment, a couple discovered that an unimaginable error had occurred: the wrong embryo was implanted. This isn’t just a medical oversight; it is a profound breach of trust that alters the course of multiple lives forever.
As a community, we often respond to these stories with sympathy, viewing them as tragic, freak accidents. But in 2026, we have to call them what they actually are: preventable system failures.
Just last year, the Orlando Sentinel highlighted this systemic vulnerability through the harrowing story of a Georgia woman who unknowingly became a surrogate for another couple’s child after an embryo mix-up. These cases are not isolated. From California to Europe, the global fertility landscape is increasingly marred by these recurring “accidents.” In 2026, we find ourselves at a critical demographic point, where fertility rates are declining and families are starting their journeys later in life. As the demand for Assisted Reproductive Technology (ART) rises, the margin for error must shrink to zero.
In the broader medical community, an error so identifiable and preventable — like performing surgery on the wrong limb — is classified as a “Never Event.” In an era of advanced reproductive technology, an embryo mix-up must be held to this same standard. The technology to prevent this exists today. Electronic Witnessing Systems (EWS) use RFID tags and digital barcodes to track every dish and tube in a lab. These systems act as a “digital lockout”; if a dish does not match the patient on the table, the system triggers an immediate alarm or physical lockout.
Despite this, many clinics continue to rely on manual “double-checks.” Although well-intentioned, human error is inevitable. Fatigue, distraction and “involuntary automaticity” are real risks that manual checks cannot eliminate. When a clinic chooses not to implement electronic tracking, they are choosing to accept a margin of error that is unacceptable when the stakes are so high.
And to those who argue that the cost of fertility technology like EWS is too expensive and will drive up the cost of care, we say this: Fertility treatment is already expensive and should include common safeguards to protect all patients. Errors like this are extremely costly to fix — often resulting in multi-million dollar settlements and the permanent closure of clinics — and the emotional toll on the families involved will last a lifetime. That is a cost that cannot be measured in dollars and cents.
Given the technology available, hope is no longer a sufficient safety protocol. To protect the growing number of families relying on IVF, Florida must lead the way in three areas:
The Florida Department of Health should mandate that all fertility labs utilize Electronic Witnessing Systems as a baseline requirement for licensing.
Patients deserve to know before they sign a contract whether a clinic uses automated tracking or relies solely on manual checks.
Lawmakers and courts must investigate these mix-ups not just as individual negligence, but as a failure of the institution to provide the necessary safeguards for their staff and patients.
We commend the families currently navigating the fallout of the Orlando case for their courage in shining a light on this important patient safety issue. It is time for our state to require common sense guardrails to ensure this does not happen to any more Florida families.
Robert Travieso is an attorney and founding partner at Travieso McLeod in Ponte Vedra Beach.
