Stillbirth Claims

Home Services Medical Negligence & Personal Injury Birth Injury, Cerebral Palsy and Paediatric Claims Stillbirth Claims

A stillbirth is where a baby is born dead after 24 weeks gestation.

The cause of some stillbirths is unknown. However, some are caused by a problem with the placenta or an issue with the health of the baby or the mother such as obstetric cholestasis. In some circumstances, medical mistakes are made and a stillbirth could have been prevented. In these cases, a compensation claim can be made. We are specialists in these types of cases and understand how incredibly difficult and traumatic a time this is for parents. We strive to provide an incredibly sensitive and supportive service to our clients.

What negligence can result in a stillbirth?

It may be possible to bring a claim for stillbirth compensation if there were failures to provide regular / appropriate check-ups or undertake certain tests that would have diagnosed a problem such as pre-eclampsia. Other possibilities during the antenatal care period include if test results were misinterpreted, symptoms not properly considered or correctly treated, or if there should have been a referral which was not undertaken - for example if a mother had risk factors such as diabetes or high blood pressure. Mistakes may also have been made during the birth of the baby such as a delay in recognising foetal distress.

Stillbirth compensation

We recognise that many mothers will suffer from Post-Traumatic Stress Disorder or depression after such a tragic event. It may be possible to claim for the cost of any psychological therapies considered by experts to be needed, any lost earnings or other financial losses resulting from the stillbirth. However, due to the way the law works in this area, the compensation that can be claimed in these types of cases can be quite limited. We can advise fully about this.

Inquests

We may be able to assist you in relation to an inquest into the death of your baby. Please see our Inquests page for more information. Different funding arrangements may apply to inquest matters and we can advise you about this.

If you or a family member is concerned that a stillbirth could have been avoided with better treatment, please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. Stillbirth claims can be difficult as it must be shown that the outcome could have been prevented. We are well versed in the legal arguments needed to bring successful claims and maximise compensation.

We work closely with specialist experts to assess the strength of claim including midwives, and consultant obstetricians.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

What is the Statutory Bereavement Award and can it be claimed for stillbirth?

The law as it stands allows for a payment of £15,120 (as of May 2020) to be claimed in a successful medical negligence or personal injury case by the spouse / civil partner / long-term cohabiting partner of a deceased person or, in certain circumstances, by a parent if the child that died was under 18.

However, unfortunately, the law is such that the statutory bereavement award cannot be claimed in stillbirth cases. It is possible to claim funeral expenses.

Is there a time limit for bringing a claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period. For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later).

Where a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court. Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

Will the case be decided by the Court?

Probably not. The vast majority of medical negligence claims are not decided by the Court. Successful claims are usually resolved through agreement of a settlement either before or during Court proceedings. Occasionally, the Court will decide a case, if it cannot be resolved any other way.

Where the claim is for a child, or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement. This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person.

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of their birth notes and their child’s medical records themselves, before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records.

Do you offer 'no win, no fee' agreements?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?