Visitor Question

Premature baby due to doctors not listening to my medical history…

Submitted By: Crystal (NY)

My doctors told me that I would have to have my cervix sewed (Cervical Cerclage) due to having an incompetent cervix after I lost my first child at 21 weeks. I had two more kids after (with having the cervical cerclage) and successfully carried all the way to term 2 healthy boys. I became pregnant with my fourth child in July of 2013 and was prepaired to have the same procedure done.

I explained to the doctors my situation and they told me (without looking at any prior medical records) that I did not need the cerclage because I did not have 3 miscarriages and due to the fact my first child I carried to term. They said that they would give me the progesterone shots every week and check my cervix via vaginal ultrasound every two weeks.

I got my cervix check at 18 and 20 weeks (cervix looked fine) and went a whole month without being checked. But when my cervix got checked at 20 weeks it was thinned down to 1.86 cm and in less than 24 hours thinned down even more to 4mm. They kept me in the hospital for one week (to 25 weeks and 1 day).

I ended up going into labor without them stopping it and had my son 15 weeks premature. Since he has been born he has had to endure surgery at 3 days old and it has caused his father and I a lot of pain and suffering. And there are likely to be even more complications along with his 104 days in the hospital. If I’d had the cerclage done, I know in my heart my son would right now still be in my womb and not out trying to fight for his life.

Can I sue my ObGyn and the guy who recommended that I should have not had the procedure done? What can I do about this negligence on the part of these doctors? Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Crystal,

You present a very complex set of medical facts and opinions. Attempting to determine whether or not medical malpractice occurred will require additional medical opinions.

In the State of New York, as in most states, medical malpractice is legally as defined as, “injury or undue harm to a patient occurring when a doctor’s actions or omissions deviate from the medical standard of care in the community.” In other words, the way your doctor treated you is weighed against the way other doctors in the general medical community would have treated you under similar circumstances.

If, when compared to treatment by other doctors of similar patients under similar circumstances, your doctor’s treatment is determined to have fallen beneath that standard, you may have the basis of a malpractice claim.

Visit with several experienced attorneys in your area. Most don’t charge for initial office consultations. In many cases, if the attorney believes your claim has merit, the attorney may refer you to doctors he or she is familiar with. If so, you may not have to pay any costs until, and unless your attorney succeeds in your case.

Learn more here: Birth Injury Lawsuits

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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