Chicago Failure to Place a Cerclage Attorney
When a pregnant person is at risk of giving birth prematurely as a result of preterm labor, placing a cerclage can be a way of preventing preterm labor and reducing the risk of injuries caused by a premature birth. Not every woman with risk factors for preterm birth will require placement of a cerclage, but failure to place a cerclage after diagnosing or identifying preterm labor or the high likelihood of preterm labor could mean that a doctor is liable for any birth injuries that occur. One of our experienced Chicago failure to place a cerclage attorney can speak with you today about your options for filing a birth injury claim.
What is a Cerclage?
A cervical cerclage is a term that “refers to a variety or procedures that use sutures or synthetic tape to reinforce the cervix during pregnancy in women with a history of a short cervix,” or in certain situations in which a woman may be at risk of preterm labor, according to the Mayo Clinic.
Indeed, the Mayo Clinic explains that a health care provider can “recommend cervical cerclage if your cervix is at risk of opening before your baby is ready to be born or, in some cases, if your cervix begins to open too early.” While a cervical cerclage is not necessarily the appropriate procedure for any woman who is at risk of preterm labor, a healthcare provider could be liable if she or he fails to place a cerclage when it is necessary to prevent injuries from a premature birth.
Reasons for Placing a Cerclage in Chicago
During pregnancy, a doctor might need to place a cerclage, or might recommend placing a cerclage, for one of the following reasons:
- History of cervical dilation or placental abruption during the second trimester, leading to pregnancy loss;
- Prior history of having a cerclage placed due to cervical dilation in the second trimester;
- Diagnosis of cervical dilation in the second trimester; or
- Having a short cervix that is less than 25 millimeters before reaching 24 weeks of pregnancy.
There are some women for whom placing a cerclage is unlikely to be effective in preventing preterm labor, or for whom placing a cerclage may even be dangerous. In such situations, a health care provider could be liable for placing a cerclage. Examples include, according to the Mayo Clinic, when a pregnancy involves active vaginal bleeding, active preterm labor, intrauterine infection, or prolapsed fetal membranes.
Statute of Limitations for a Chicago Preterm Labor Claim and Failure to Place a Cerclage
Under Illinois law, most medical malpractice lawsuits—including most types of birth injury claims, like failure to place a cerclage—must be filed within two years from the date of the injury. In some cases, where a patient does not discover an injury for quite some time, the statute of limitations can be extended to two years from the date that the patient knew or should have known about the doctor’s negligence. When a claim is filed on behalf of a minor child, however, the statute of limitations is usually extended to eight years.
Contact a Chicago Birth Injury Lawyer
If your doctor failed to place a cerclage and doing so could have prevented premature birth injuries, one of our Chicago birth injury attorneys can help. Contact Wais, Vogelstein, Forman, Koch & Norman, LLC for more information.