The female body is a wonder of perfect parts and processes during pregnancy. When all works as it should, all reproductive parts play a pivotal role at the right time. For example, the cervix is a perfect gateway that closes and opens when necessary. It acts as a barrier to keep the developing fetus in the uterus but opens when the baby is ready to exit the birth canal. The cervix is an essential reproductive organ in pregnancy and birth. Its location near the bottom of the uterus allows a baby to exit the womb and travel down the birth canal.
The cervix is dense and closed during pregnancy to keep the fetus inside the womb but softens, shortens, and opens before and during labor and delivery to allow the baby to enter the pelvis and exit the mother’s body through the vagina. However, when the cervix is weak or short, it cannot perform its essential function of keeping the fetus inside the womb. An ineffective cervix, or incompetent cervix, has tissue often too weak or too short to sustain a pregnancy, resulting in a miscarriage or preterm delivery when the cervix softens, thins, and opens before the pregnancy reaches full term.
Failure to take precautionary measures for a suspected incompetent cervix may be considered medical malpractice. When other physicians would have taken such precautions, one who does not may have acted negligently, causing the patient to suffer needlessly. A pregnant woman who experiences complications during pregnancy or childbirth due to a medical professional’s negligence in diagnosing or appropriately managing an incompetent cervix may have legal avenues available to pursue compensation. In many cases, improper procedures in the diagnosis or treatment of cervical incompetency can be grounds for a medical malpractice claim.
If you suspect that you or someone you love suffered harm due to cervix-related medical negligence, contact our legal team today at (866)-708-8617 for a free consultation with one of our highly skilled New Jersey attorneys.
What Happens with an Incompetent Cervix?
As every obstetrician knows, the cervix plays a pivotal role in pregnancy and birth. The strength and density of this muscular barrier are crucial in keeping a fetus safely inside the uterus, where it is nourished and protected. The cervix is the narrow neck of the uterus that channels into the birth canal and controls when the fetus releases into the vagina to deliver. When it opens before 40 weeks gestation, the baby may be born premature or the pregnancy may end in miscarriage, depending on when an incompetent cervix opens. The condition is not uncommon. Roughly one-fourth of miscarriages result from an incompetent cervix. Overall, about 1 in 100 pregnant women have cervical incompetency.
Possible Reasons for Cervical Incompetency
Though the reasons for an incompetent cervix vary and no known single cause exists, risk factors for the condition include genetics, such as an abnormally shaped uterus or cervix. In other words, a woman can be born with a congenital defect of a misshapen cervix that affects its ability to do its job effectively during pregnancy. Moreover, the cervix may be insufficient when the uterus is malformed. Since the cervix is the base of the uterus, a misshapen uterus may weaken the cervix. Thus, an abnormal uterus or cervix is a risk factor.
Other risk factors that physicians look for are prior cervical surgeries. Scar tissue and severed tissue may result in a weakened cervix. A patient’s medical history reflecting cervical surgery should put a doctor on high alert for incompetent cervix syndrome. A pregnant woman’s medical history may also include second-trimester premature birth or miscarriage, an indication that the patient may have an incompetent cervix. When a patient’s medical chart shows a prior injured cervix during childbirth, a physician will be vigilant about the possibility of a weak cervix.
Also, certain medical conditions raise the possibility of an incompetent cervix. One such congenital disability is Ehlers-Danlos syndrome, which is a weakened connective tissue condition. Finally, the risk of an incompetent cervix is higher among certain ethnicities and expectant mothers of multiple fetuses.
Specific Protocols for Pregnancy with an Incompetent Cervix
A short cervix is detectable by ultrasound and patient history. Detecting a weak cervix may not happen from patient complaints. A diagnosis is more likely from a patient’s medical history. A woman may not experience noticeable symptoms, though some might feel pelvic or abdominal pain or pressure. They may also experience small amounts of blood or other vaginal discharge. Doctors can diagnose the condition by first reviewing and discussing the patient’s medical history with them. Important chart notations include the patient’s prior miscarriages and cervical surgeries or injuries. Afterward, the doctor or other provider may track any changes or symptoms at each prenatal visit, eventually performing a pelvic exam and transvaginal ultrasound to check and measure the cervical length and diameter.
Certain procedures in a patient’s history may lead to a weakened cervix, but sometimes, a short cervix is genetic. A treating physician should check for an incompetent cervix before 24 weeks and monitor the patient carefully. In efforts toward keeping the pregnancy as long and close as possible to full term, a doctor may prescribe progesterone supplements in the second trimester to bolster the cervical tissue with firming hormones. A provider may also increase the number of ultrasounds to watch for any cervical changes and coordinate with a cervical cerclage. The provider may also administer medication to prevent premature birth or perform surgery to close the cervix. The procedure for sewing the cervix shut occurs at the end of the first trimester or a few weeks into the second when a physician determines the risk factors for an incompetent cervix are high, and the pregnancy’s continuation is in doubt. The procedure allows the cervix to stay closed while the fetus develops until about 37 weeks, when a physician removes the stitches to allow for a vaginal birth.
Potential Complications if an Incompetent Cervix is Improperly Diagnosed or Managed
Left untreated or unmonitored, cervical incompetency can lead to severe complications. Miscarriage and prematurity are the two most common complications, but other life-threatening conditions may occur, such as uterine rupture. The uterus may not be able to bear the pressure of the fetus when the cervix opens prematurely. Premature cervical dilation can also result in internal bleeding when premature labor leads to ruptured membranes that may cause the placenta to detach in whole or part. And when the cervix opens too soon, it may tear when it is too weak to bear the baby traveling down from the uterus into the canal.
An infection is another possible complication of premature cervical dilation. The cervix’s other important function is to protect the fetus from bacteria entering the womb. A weak cervix opens and allows bacteria to reach the fetus when these situations occur.
How can Medical Negligence Occur with Cervical Incompetence?
When a pregnancy involves an incompetent cervix, the object is to keep the pregnancy going for as long as possible to avoid the complications of miscarriage or premature birth. The loss of the fetus or health problems of a premature baby are enormous injuries to the patient and their family. Thus, a physician must do all that they can to treat the patient for a possible incompetent cervix and probable pregnancy loss or other serious complications arising from it. If a healthcare provider neglects to review a patient’s history, monitor them when their history reveals risk factors for cervical issues, or medically treat the condition when appropriate with hormones, surgery, or both, they may be deemed negligent and ultimately held legally responsible for the patient’s damages.
Awareness of a possible incompetent cervix is the highest duty of care in a patient with apparent risk factors. A physician or nurse who does not take or know a patient’s history may endanger the life of the mother and the fetus. Careful vigilance over the condition, taking the right steps to prevent premature delivery and readiness for a premature birth are the standard duties of a competent medical professional in the obstetrics field.
Supportive evidence of medical negligence includes information regarding the steps that the healthcare team took or did not take to avoid pregnancy complications. Medical records, including all procedures, notes, visits, and tests, are crucial evidence to prove negligence. For instance, if the medical records indicate that ultrasounds were not transvaginal, nor performed at regular prenatal visits, a medical expert may review the records and conclude that the healthcare team was negligent.
What Evidence can be Used to Support Your Incompetent Cervix Malpractice Claim?
Supportive evidence of medical negligence includes information regarding the steps that the healthcare team took or did not take to avoid pregnancy complications. Medical records, including all procedures, notes, visits, and tests, are crucial evidence to prove negligence. For instance, if the medical records indicate that ultrasounds were not transvaginal, nor performed at regular prenatal visits, a medical expert may review the records and conclude that the healthcare team was negligent.
In conjunction with an experienced birth injury attorney, a medical expert is essential to the success of a pregnancy or birth-related medical malpractice claim. New Jersey law requires a medical expert’s evaluation and affidavit of merit to support a negligence claim. Assembling all of the medical and historical information to support the standard of care and the ways in which it was deviated from is at the heart of medical malpractice. Experienced and notable obstetricians and other medical experts can review medical records, notes, lab results, and other evidence to conclude that everything a doctor should have done was or was not done and that omissions or inexcusable errors led to injury, miscarriage, prematurity, or other complications. The other critical professionals in your case are knowledgeable and experienced birth injury lawyers.
Speak with an Accomplished New Jersey Attorney about Your Incompetent Cervix Malpractice Case to Review Your Legal Options
Cervical insufficiency or incompetence can lead to severe harm if you receive substandard medical care during pregnancy. If this happened to you or a loved one, it is essential to explore your legal rights and options. Our team of accomplished New Jersey birth injury attorneys has extensive background specifically handling the unique aspects of birth and pregnancy malpractice lawsuits. We deal with assembling and reviewing medical records, consulting with renowned medical experts, and taking all of the right measures to support our clients’ claims and maximize the likelihood of their success in recovering compensation. Knowing that our knowledgeable team of professionals is on your side, working to support you and your recovery, is not a luxury when you suffer severe losses from a doctor’s mishandling of an incompetent cervix. Get the support and legal advocacy you need by contacting us today for more information. You can get started with a free review of your case and have your questions answered by one of our talented attorneys.
