Contact Me for a Free Consultation 443-845-1456

Cerclage Malpractice Lawyer



Understanding Cerclage Malpractice

Introduction to Cervical Cerclage

Cervical cerclage is a surgical procedure used in pregnant women to help prevent preterm birth when the cervix starts to shorten and open too early during pregnancy. The procedure involves placing stitches in the cervix to keep it closed, which can help to prolong the pregnancy and increase the chances of a healthy delivery.

Indications for Cervical Cerclage

Cervical cerclage is typically recommended for women with a history of second-trimester losses associated with painless cervical dilation (opening of the cervix) in the absence of labor or placental abruption, women with a short cervical length identified on transvaginal ultrasound, and those with a physical exam that indicates cervical incompetence.  Having a cervical length of less than 25 millimeters before the 24th week of pregnancy in a single pregnancy birth.

Risks and Complications of Cerclage

While the cerclage procedure can be lifesaving, it is not without risks. Potential complications include:

  • Preterm labor
  • Premature rupture of membranes
  • Infection
  • Cervical laceration
  • Bleeding
  • Maternal bladder injury
  • Fetal injury

Cerclage Malpractice Defined

Cerclage malpractice occurs when a healthcare provider fails to adhere to the standard of care during the placement, management, or removal of a cervical cerclage, resulting in harm to the mother or baby. Malpractice can arise from actions taken or not taken before, during, or after the procedure. Frank Spector Law has experience in cases where a pregnancy could have been extended if a cerclage was placed. You should consult a Baltimore, Maryland cerclage lawyer who can advise on the merits of your case. 

Common Grounds for Cerclage Malpractice Claims

Failure to Recommend Cerclage

Some pregnancies present clear indications for a cerclage. Failure to identify these cases and recommend the procedure when necessary can result in premature birth and associated complications, which might be grounds for a malpractice claim.  

Improper Placement of Cerclage

The proper placement of a cerclage is crucial. If the sutures are placed incorrectly, they might not provide the support needed or could cause injury to the cervix or surrounding structures.

Delay in Cerclage Placement

Timely placement of a cerclage is critical. Delaying the procedure can decrease its effectiveness and increase the risk of preterm birth.

Failure to Manage Infection

Infections related to cerclage can have severe consequences if not promptly and effectively treated. A healthcare provider's failure to prevent, recognize, or treat an infection constitutes malpractice.

Inadequate Follow-Up Care

After a cerclage is placed, close monitoring is necessary to ensure the procedure's success and to manage any complications. Neglecting appropriate follow-up care can lead to adverse outcomes.

Incorrect Removal of Cerclage

Cerclage removal requires precision and timing. An improperly timed or incorrectly performed removal can result in injury or precipitate preterm labor.

Establishing a Cerclage Malpractice Claim

Demonstrating the Standard of Care

To prove malpractice, one must demonstrate that the standard of care was not met. This involves showing what a competent healthcare provider would have done under similar circumstances.

Proving a Breach of Duty

It must be established that the healthcare provider failed to act according to the standard of care, constituting a breach of duty.


It is crucial to show that the breach of duty directly caused harm to the mother or baby. This harm must be a result of the malpractice, not an underlying medical condition.


In Maryland and DC, if there is cerclage malpractice, a baby can be born prematurely. A premature baby can have a range of lifelong problems such as cerebral palsy, failure to thrive, brain damage and developmental delay. This can result in the child needing a lifetime of medical expenses, equipment therapy, nursing care and medicines.  Cerclage malpractice can create a financial strain on families.  By calling a cerclage malpractice lawyer. you can be guided through the legal process to determine if money recovery is possible.




Legal Considerations in Maryland and DC

Statute of Limitations

Both Maryland and DC have specific time limits within which a malpractice claim must be filed. Understanding these statutes is essential to ensure that your claim is not barred by the passage of time.

Damage Caps

There are caps on non-economic damages in malpractice cases in both Maryland and DC. These caps limit the amount of compensation for pain and suffering and other non-monetary losses. Frank Spector is knowledgeable on the law of birth injury and cerclage malpractice. As of 2023, the "cap" for non-economic damages for this type of case is $875,000.

Seeking Legal Assistance

If you believe you or your baby has been harmed due to cerclage malpractice, it is crucial to seek legal assistance. An experienced medical malpractice birth injury lawyer can help you navigate the complexities of your case and advocate for your rights.  Call Frank Spector Law for a free case review


Cervical cerclage is a critical procedure for many women at risk of preterm birth. However, when the procedure is not performed to the standard of care, the consequences can be devastating. Understanding the grounds for cerclage malpractice claims, establishing a claim, and the legal considerations in Maryland and DC are vital steps in seeking justice and compensation for the harm caused. If you suspect that you have been a victim of cerclage malpractice, reach out to a knowledgeable attorney who specializes in this area to discuss your options.

Contact Me Today

Frank Spector Law is committed to answering your questions about Medical Malpractice, Birth Injury - Cerebral Palsy, Birth Injury - Erb's Palsy, Birth Injury - Development Delay, Wrongful Death, Surgical Errors, Emergency Room Malpractice, Misdiagnosis, Medication Errors, and Nursing Home Neglect law issues in Maryland.

I offer a Free Consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.


By Appointment Only
1340 Smith Avenue,
Suite 300
Baltimore, MD 21209

Please call to schedule an appointment