Failure to Diagnose an Incompetent Cervix

[samstar]

My question involves medical malpractice in the state of: Massachusetts
I was wondering if I could pursue a medical malpractice lawsuit on the grounds of "failure to diagnose an incompetent cervix"? I gave birth prematurely to my daughter, Hannah, on October 26th 2010, and on October 18th, 2010 I had an ultrasound. The sonographer had mentioned to myself and my friend who had accompanied me that it looked my cervix was shortening and beginning to open. The sonographer also said that the doctor would come in and perform a transvaginal ultrasound, which he never ended up doing since he said "my cervix looked closed." On November 29, 2010 I went into the hospital to talk with the maternal fetal specialist who apologized on behalf on herself and the other high risk ob/gyn for after the premature delivery, the ultrasound pictures showed that my cervix was, in fact, effacing and beginning to dilate. She said that she is sorry that they did nothing about it, and did not catch this cervical dilation sooner. I was wondering if I could pursue a lawsuit because of this fact, and for the unethiclal treatment of my baby once she was born (the fact that the nurses would not turn the infant warmer on while Hannah was dying). Please contact me regarding this case as I which to set a precedent with the outcome of this case so that this blatant negligence should never happen to anyone, and the fact there was no pallative care of Hannah should also be examined.

[Mr. Knowitall]

You should have your medical records reviewed by a malpractice lawyer in your state, to determine if the physician violated the governing standard of care. Yours is unquestionably a tragic outcome, but that alone does not mean that there is a legal cause of action for malpractice - there must have been a violation of the standard of care that proximately caused the injury. That's not an evaluation we can make in this forum.