re: Alabama IVF ruling

Forgive my ignorance -

So a woman's body selects a cluster of eggs each month that are disposed of through her menstrual cycle. One 1 egg per month is actually selected for ovulation. So theoretically, a healthy woman has approximately 400-500 fertilizable eggs in her life (12 cycles per year, 1 egg per cycle, 40 years or fertility).

So if IVF takes her one egg for that month and pairs it with sperm, you get a lab embryo that is then implanted into the women's uterus. This assumes the fertilization is successful in the lab. It also requires successful implantation in the uterus for pregnancy.

So this result is allowing a wrongful death proceeding if an embryo is destroyed. I'm not privy to Alabama law, but I imagine there is a law akin to medical malpractice, where a doctor has to attest to the medical duty of care (higher than regular duty of care) being breached before a lawsuit can survive beyond the pleadings.

Practically speaking, it will increase insurance premiums for IVF facilities, force them to handle embryos with more care and precision, or face higher consequences.

I don't think this creates a strict liability scenario where any destruction is per se actionable - a Plaintiff would still have to show the facility or technician breached a duty of reasonable care. Natural disasters are unlikely to create a wrongful death claim.

Sorry for rambling - am I missing something? I'm not sure this is a real negative.