Was wondering if I could file a lawsuit against hospital for failing to do sonogram after complaints of vaginal bleeding?

6 weeks ago while at work after using the bathroom i noticed spotting and immediately called my doctor who told me to go to the E.R.. I was going on 21 weeks and was sent to labor and delivery. The nurse listened for a heartbeat and everything seemed to be fine according to them and a midwife later came in to do a pelvic exam and she assured me as well that all was well and i was discharged and sent home to rest. The following evening my water broke and the next day i vaginally delivered my son who died right after birth. The complication was due to an incompetent cervix and i feel this could of been prevented if i was properly looked at and given a sono to detect the slight dialating of my cervix i also feel as if i should have been checked by a doctor instead of midwife.
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If a sonogram would have been done, they would have known what the issues were with my cervix and could have surgically put a cerclage around my cervix to prevent it from opening any further. I believe it was negligence on their behalf for not taking the matter more seriously and looking further into it rather than sending me home without a through check up and because of where they lacked my son is gone.
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Robert L. Spector

Robert L. Spector Avvo Pro

Contributor Level 3
If you were going for regular prenatal care it is possible your regular doctor may have picked this up, depending on when it developed. Minor bleeding does not necessarily call for a complete workup nor is there any assumption that it is a result of an incompetent cervix. I would suggest you call an attorney in your area who does malpractice cases and see if based on the facts you laid out he or she wishes to have an OBGYN review the records on your behalf. I think this case is in a grey area and may not be malpractice since the viability of your baby at 21 weeks may come into play.
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