How To Make Stillbirth Compensation Claims

The loss of a child in any circumstance can be devastating. If medical negligence occurred, it can be exceptionally hard to deal with. Getting the right help and support can be crucial at this time. In this guide we look at how one of the solicitors from our panel could help with stillbirth compensation claims.

We begin with a look at what such a claim is and what constitutes birth injury negligence. This is followed by how to make a claim and any time limits which may be relevant. Before you begin your medical negligence claim you may want an idea as to how much compensation will be awarded should the case be successful. So for that reason there is a section that looks at how it is calculated and how long it takes for you to receive it. Finally, we show how a No Win No Fee solicitor could support your compensation claim.

Please get in contact with our team if you have been impacted by any of the issues we discuss in this guide.

  • Call an advisor on 020 3870 4868.
  • Send a message using our live support chat.
  • Click ‘claim online’ and request a call from our team.

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What Are Stillbirth Compensation Claims?

According to the Office for National Statistics (ONS) in 2022 the stillbirth rate in the UK was 4 per 1,000 live births. We should note early in our guide that stillbirths and neonatal deaths can happen even if medical professionals do everything they could. In such circumstances you would not be able to claim compensation. This is because medical negligence must have occurred for a claim to be made.

Negligence occurs when:

  • A medical professional had a duty of care. Whilst under the care of a medical professional they have a duty of care towards you. They must ensure that they do not cause avoidable or unnecessary harm. Per this duty, they must provide the expected standard of care.
  • They were in breach of this duty. For example, the midwife failed to monitor you during labour correctly.
  • The baby dies as a result of this breach.

All three of these criteria must be met in order to have good grounds to seek compensation for a stillbirth.

If you are unsure of the stillbirth compensation claims eligibility criteria, please contact our team. An advisor can assess your case.

What Is Meant By Stillbirth Negligence?

As already highlighted, in order for you to make a stillbirth negligence claim, you must show that a breach of the duty of care caused the death. Below, we will outline some circumstances in which negligent medical care could lead to a stillbirth.

  • A midwife, doctor or other member of a delivery team may fail to monitor the baby during labour. This may mean they miss the signs of foetal distress and do not act accordingly.
  • Doctors fail to spot the clear symptoms of infection in the mother during pregnancy leading to a stillbirth.
  • Serious errors are made during a caesarian section. This could include the use of extreme force with forceps damaging the spine or brain of the baby, leading to death.
  • The failure to perform or avoidable delays to treatment, such as performing an emergency c-section.
  • A nurse may make a medication error, such as administering too high a of a painkiller dose to a mother, leading to a stillbirth.

These are just some examples of how a stillbirth could occur. If you think that the stillbirth was caused by failures in the medical care you received you may have grounds to make a claim. For information on how to report a doctor for medical negligence and how this could help your claim, please contact our team.

A baby lays in a NICU unit.

How Do I Make A Stillbirth Compensation Claim?

Two of the most important steps you could take in making a successful stillbirth compensation claim are contacting a solicitor and gathering evidence to support your claim.

Whilst you do not have to use a solicitor to make a compensation claim, we believe their expertise can help you to do so. For example, a solicitor could help to assess whether your claim is valid. They may also assist with collecting evidence to support your claim.

  • Medical reports – this may include your medical records which will contain information on what treatment was provided, how and when as well as details of your pregnancy and the impact on you.
  • Maternity notes (also called hand-held notes) from your midwife appointments.
  • Expert medical opinion – you may be asked to visit a relevant medical expert for an assessment of your condition and how the stillbirth has impacted you. This can be used in addition to your medical records.
  • Hospital reports and inquests – the hospital may carry out an investigation. In certain circumstances, an inquest may also be carried out.
  • Witness contact details – anyone who witnessed the negligent treatment and its impact may be able to provide a statement later on.

In addition to the types of evidence discussed above, you may also submit evidence of the financial impact the harm caused you. This could help if you intend to claim special damages. Please contact us for further information on proving medical negligence
or if you have been impacted by a neonatal death

What Is The Time Limit For Stillbirth Compensation Claims?

The Limitation Act 1980 established a time limit in which to make a compensation claim. Typically, this time limit is three years. The start of this will be taken from the date on which the medical negligence occurred. If you did not discover that negligence had taken place until later, this will be the date on which the limitation period begins.

The claim does not need to be completed within this period, but it must be started within it, unless exceptional circumstances apply.

The time limit may be suspended where the patient lacks the mental capacity to act on their own behalf. In this instance, a litigation friend may make a claim at any point on behalf of the person harmed. They will need to apply to the courts to act in this capacity.

Where stillbirth medical negligence claims have harmed someone under the age of eighteen they will not be able to start one on their own behalf. In such instances, a suitable adult may apply to act as a litigation friend up until the claimant turns eighteen. At this point, the standard time limit is applicable.

Please contact our team to find out whether you are within the applicable time limit to make a medical negligence claim.

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How Much Compensation Could I Receive For A Stillbirth?

Successful stillbirth compensation claims will be awarded damages. How much compensation you could receive will depend on your case’s unique circumstances. Your final award could comprise of up to two heads of claim. These are general and special damages, awarding compensation for your pain and suffering and financial losses respectively.

Guidelines produced by the Judicial College (JCG) can be used when determining compensation for a neonatal death. We have created the table below by using figures from the JCG. The first figure in the table does not come from the JC. This figure has been included to show what could be awarded for both heads of claim. Please only use this table as guidance.

HarmSeverityGuideline Compensation
Multiple, serious forms of harm + special damages.SeriousUp to £300,000+ with special damages.
General Psychiatric damage (a) Severe£66,920 to £141,240
(b) Moderately severe£23,270 to £66,920
(c) Moderate£7,150 to £23,270
(d) Less severe£1,880 to £7,150
PTSD - Post-traumatic stress disorder(a) Severe£73,050 to £122,850
(b) Moderately severe£28,250 to £73,050
(c) Moderate£9,980 to £28,250
(d) Less severe£3,820 to £9,980

Can I Claim For Financial Losses Caused By Stillbirth Negligence?

As outlined above, special damages compensate for the wider financial impact of a neonatal death. These damages are not automatically included in your compensation claim and you will need to provide evidence of these losses.

Special damages may compensate you for:

  • Counselling costs – this may include counselling or therapy services to treat a psychiatric injury.
  • Medical costs – this may include the cost of any medical treatment or medication you need.
  • Income and earnings – you could claim for lost income due to taking time off work.

This is not a complete list of financial losses your stillbirth claim may include. Please contact our team for an assessment of your stillbirth negligence case.

How Long Do Stillbirth Compensation Claims Take?

At this point, you may wonder how long stillbirth compensation claims may take. Each claim will be unique and how long they may take to reach a settlement could differ. This is why it is important for one of the medical negligence solicitors from our panel to assess your individual claim.

Factors which could impact how long your stillbirth claim could take may include:

  • What evidence you have which can show a medical professional’s negligence.
  • How long it takes to obtain relevant evidence.
  • Whether the medical professional accepts their liability.
  • The severity of harm you suffered.
  • How long it takes to negotiate any settlement.
  • Whether your case needs to go to court.

Please contact our team today for more information on how long it might take for a settlement to be reached for stillbirth compensation claims.

Why Use A No Win No Fee Medical Negligence Solicitor To Claim?

We understand that taking legal action can seem a daunting prospect and that in addition to this, people may worry about the cost of doing so. Our advisors are here to help make the process a little easier. If, after assessing your case, they think we could help you, they may connect you to one of our panel of No Win No Fee solicitors.

A solicitor from our panel could help you claim for a stillbirth or neonatal death on a No Win No Fee basis. To do so, they may use a Conditional Fee Agreement (CFA). Under a CFA, a solicitor from our panel could work on your case without charging any upfront fees for their work.

In fact, you would only pay for their services if and when you are awarded compensation. At this point you would need to pay a success fee. This is charged as a set percentage of the compensation that has been awarded to you. It is deducted by the solicitor and the percentage chargeable is limited by law.

Please contact our team today to find out more about how we can support people making stillbirth compensation claims.

  • Phone on 020 3870 4868.
  • Use our live support below.
  • Request a callback from us by clicking ‘claim online’ and completing our form.

A solicitor works on a stillbirth compensation claim.

More Useful Resources About Making A Medical Negligence Claim

Find further resources and related claims guides below.

Additional references

Thank you for reading our guide to stillbirth compensation claims. If you have been affected by the issues raised in this guide, please contact our team.