Losing a child at birth due to clinical negligence can be deeply heartbreaking and profoundly traumatic. As you take the next steps in the aftermath of your loss, you may have heard about stillbirth compensation claims. Whilst compensation might be the furthest thing from your mind, making a claim can give much-needed answers to what happened and potentially prevent similar tragedies in the future.
In this guide, we’ll touch on some of the causes of stillbirth and whether you could make a claim and examine your options if medical negligence led to your baby’s death. We’ll also take a closer look at what you can expect from the claims process, from compensation amounts to how long you have to start a claim.
Our specialist medical negligence solicitors have long-standing experience in handling stillbirth compensation claims. They understand every stillbirth is a tragedy and work tirelessly for grieving parents who want to make a claim.
To discuss the circumstances of your stillbirth or birth injury, please get in touch today by filling out our online claim form for a callback from the team.
Jump to a Section
- Can I Make A Stillbirth Compensation Claim?
- I Think My Stillbirth Was Due To Negligence, What Should I Do?
- The Difference Between Stillbirth And Neonatal Death
- How Much Might I Be Able To Claim For A Stillbirth?
- Timeframes For Making A Still Birth Compensation Claim
- What Can Lead To Stillbirth?
- The Next Steps After A Stillbirth
- How Our Solicitors Can Help Your Stillbirth Compensation Claim
- More Information
Can I Make A Stillbirth Compensation Claim?
Every stillbirth is a tragedy, but not all are due to clinical negligence. Of course, all medical and healthcare providers owe a duty of care to provide the minimum expected level of care to their patients.
In order to meet these expectations, they must follow professional standards, such as those set out by the General Medical Council. When this duty of care is not met, you may be entitled to make a medical negligence claim.
To be certain about your claim, you’ll need to prove that:
- A healthcare provider, such as your midwife, owed you a duty of care
- They breached that duty with their inadequate standard of care
- That breach led to you suffering psychological or physical harm
If you would like more guidance about stillbirth compensation claims, please talk to one of our advisors.
I Think My Stillbirth Was Due To Negligence, What Should I Do?
As we’ve mentioned, not all stillbirths will be due to negligence. However, if you believe someone was at fault, you will need evidence of medical negligence to start a claim, such as:
- Medical records documenting treatments, risk factors, and post-birth complications
- Maternity notes detailing appointments and the antenatal care you received
- Test results or post-mortem findings indicating a cause for the stillbirth
- Contact details for witnesses, including family or friends who attended appointments and consultations
We recognise that gathering evidence can be a harrowing experience after a stillbirth. Mindful of that, our solicitors are trained to collect information like witness statements that might prove clinical negligence.
If you would like further information about how our solicitors handle stillbirth compensation claims, please speak to an advisor today.
The Difference Between Stillbirth And Neonatal Death
Stillbirth and neonatal deaths bring their own forms of grief for those who face the loss of a baby. In the UK, both have precise definitions:
- Stillbirth: Applies to babies born after 24 weeks of pregnancy without showing signs of life
- Neonatal death: Occurs when a baby lives up to 28 days after birth
No matter the circumstances of your baby’s death, our advisors can sensitively answer any questions you have.
How Much Might I Be Able To Claim For A Still Birth?
No stillbirth negligence claim is alike, and the compensation amount you may receive will depend on many factors. Stillbirths can be particularly harrowing and may lead to post-traumatic stress disorder (PTSD). General damages will take this into account alongside any other physical or psychological injuries that you suffered.
The Judicial College Guidelines (JCG) detail compensation brackets for different types of psychiatric and psychological suffering that could be caused by a stillbirth. Your solicitor may use these figures to help calculate a compensation amount.
The following table lists suggestive bracket amounts for different types of mental harm (the top figure does not come from the JGC), but these are by no means guarantees for successful stillbirth compensation claims:
| Injury | Severity | Compensation Guideline | Notes | ||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Multiple Forms of Harm And Special Damages | Very Severe | Up to £500,000 plus | Inclusive of more than one harm and related financial loss. | ||||||||||||||||||||||
| Psychiatric Damage Generally | Severe | £66,920 to £141,240 | Defined by marked impact on work, education, and life. | ||||||||||||||||||||||
| Psychiatric Damage Generally | Moderately Severe | £23,270 to £66,920 | Similar impact as above but with a more positive prognosis. | ||||||||||||||||||||||
| Psychiatric Damage Generally | Moderate | £7,150 to £23,270 | There will be signicant improvement by the time of a trial. | ||||||||||||||||||||||
| Psychiatric Damage Generally | Less Severe | £1,880 to £7,150 | Compensation will factor in length of disability and the extent of its impact. | ||||||||||||||||||||||
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 | Permanent affect on all areas of a claimant's life. | ||||||||||||||||||||||
| Post-Traumatic Stress Disorder | Moderately Severe | £28,250 to £73,050 | Improved prognosis, but with impact for the foreseeable future. | ||||||||||||||||||||||
| Post-Traumatic Stress Disorder | Moderate | £9,980 to £28,250 | Claimant will have largely recovered from their disability. | ||||||||||||||||||||||
| Post-Traumatic Stress Disorder | Less Severe | £4,820 to £9,980 | Almost a full recovery with minor symptoms persisting. |
In addition to compensation for physical or psychological harm, you could be entitled to special damages for financial loss. Provided you have supporting evidence like payslips or bank statements, you could claim for:
- Lost earnings from missed days at work
- Counselling or therapy
- Related medication costs
- Travel expenses when making medical appointments
Please get in touch today to find out more about stillbirth compensation claims.
Timeframes For Making A Stillbirth Compensation Claim
Anyone navigating the fallout of a stillbirth may not give much thought to compensation. Nevertheless, stillbirth compensation claims must generally be started within three years. This timeframe is set out by the Limitation Act 1980 and may apply to the date:
- You received negligent care
- You realised a medical professional breached their duty of care
Sometimes, it may take tests or a post-mortem to reveal that your baby’s death was avoidable. In these instances, the time limit starts from the date of discovery. However, exceptions apply for minors and those who do not have the mental capacity to make a claim independently.
How Long It Takes To Get Stillbirth Compensation?
Since every claim is different, we can’t give you an exact timeframe for receiving compensation. In saying that, some factors are more likely to prolong your wait, including:
- A defendant disputing that clinical negligence led to the stillbirth
- How clear the evidence is, and whether you need additional proof
- The overall complexity of your case, such as a need for expert witnesses or advice
If you would like to find out more about the stillbirth compensation claims process, please reach out to one of our advisors.
What Can Lead To Stillbirth?
Although rates have fallen sharply over the decades, 1 in 250 pregnancies in England still end in a stillbirth. As we’ve touched on, some stillbirth pregnancies are unavoidable, and their cause may never be known. Yet, there are instances where medical or healthcare professionals may be at fault.
Failure To Act On Reduced Movements
In a situation where a mother notices that their baby’s movement has slowed down or stopped for a while, they may seek medical support. When that happens, a healthcare provider may be negligent by failing to check for a heartbeat or otherwise dismissing their concerns.
Mismanagement Of High-Risk Mothers
Some expectant mothers are at a higher risk of stillbirth due to factors like age and pre-existing health conditions. In those circumstances, mismanagement may occur when healthcare providers do not act on known risk factors by providing additional monitoring.
Failure To Adequately Monitor The Baby In Hospital
Once in the hospital, pregnant mothers receive intermittent or continuous monitoring to keep an eye on a baby’s heartbeat. If this monitoring is inadequate, medical professionals may miss the warning signs that a pregnancy is in difficulty.
Failure To Detect Placental Abruption
A placental abruption happens when the placenta breaks away from the womb before birth. When the symptoms are missed or not investigated, the risk of stillbirth increases with any delay in treatment.
Failure To Identify Growth Restrictions
Healthcare providers must perform regular checks for fetal growth restriction (FGR). If these checks miss warning signs like an unsteady rate of growth, it may delay the diagnosis of FGR, which can cause stillbirth in severe cases.
Failure To Treat Group B Strep
Whilst there is no routine testing for group B strep (GBS), the bacterial infection can spread to an unborn baby. In cases where GBS has been detected, a medical professional may be at fault if their failure to treat the infection leads to stillbirth.
Whatever may have led to your baby’s death, please talk to an advisor if you have questions about stillbirth compensation claims.
The Next Steps After A Stillbirth
Stillbirth can be an indescribably agonising ordeal, from the moment of loss to the difficult recovery that follows. Thankfully, several charities offer support to parents navigating the pain of stillbirth, including:
- Sands: Offers online and local groups, communities, memory boxes, and more
- Child Bereavement UK: Provides bereavement support through the UK
- Tommy’s: Their midwives have experience talking about stillbirth and bereavement
Talk to one of our advisors to find out more about stillbirth compensation claims and how we can help you.
How Our Solicitors Can Help Your Stillbirth Compensation Claim
Our solicitors have handled all kinds of traumatic birth claims and understand the heartbreak that comes with losing a baby. They work alongside medical experts and pride themselves on helping clients by:
- Dealing with all aspects of the claim so grieving parents don’t face additional stress
- Putting your needs first with support throughout the process
- Gathering the evidence needed to support your claim
- Offering a No Win No Fee Agreement to reduce the financial risk of hiring a solicitor
We recognise that financial concerns may aggravate the worry that can come with appointing legal representation. For stillbirth compensation claims, our solicitors offer a type of No Win No Fee funding arrangement known as a Conditional Fee Agreement (CFA). Essentially, it means that you won’t have to deal with:
- Upfront fees when starting a claim
- Additional fees as the claim progress
- Paying a solicitor’s fee for an unsuccessful outcome
In the event of a successful claim, you’ll pay a small success fee deducted from the compensation awarded to you.
Contact Us
With years of experience, our solicitors know every case is unique, none more so than stillbirth compensation claims. If you would like to find out more about your options, please fill out our online claim form for a callback from the team.
More Information
You may find the following articles to be helpful:
- A guide about making a claim against the NHS.
- An overview of hospital negligence claims.
- Information on starting a claim for doctor negligence.
In addition, these external resources may be useful:
- The NHS has more information about stillbirths.
- NHS guidance on how to make a make a complaint.
- The Nursing and Midwifery Council outlines the professional standards midwives and nurses follow.
Thank you for reading our guide about stillbirth compensation claims.