Stillbirth Compensation Claims

Stillbirths are devastating, taking a huge psychological toll on parents. This is especially true when stillbirth or neonatal death is shown to have been avoidable if not for the negligence of a medical professional.

In such instances, parents should claim compensation for their suffering and take action to reduce the chances of such traumatic events from happening in future. The medical negligence team at JMW is sympathetic and professional, and has the experience needed to help you to pursue your stillbirth compensation claim at what can be a very difficult time. 

We understand how traumatic it can be to lose a baby in this way, and how daunting the medical negligence claims process may appear. As such, our expert clinical negligence team is dedicated to providing sensitive and supportive legal representation, guiding you through each step of the process to ensure you achieve the best possible outcome.

To discuss your situation with our team today, and to find out more about making a stillbirth negligence claim, call us on 0345 872 6666, or complete our online enquiry form to arrange a call back at your convenience. Our medical negligence solicitors can handle cases via a no win, no fee agreement.

Case Studies

We have worked with countless families to help them recover compensation for stillbirths and neonatal deaths caused by negligent treatment. Take a look at some of these stillbirth compensation stories below to learn more about how JMW's support has made a real difference to their lives:

When can I make a stillbirth compensation claim?

Not all stillbirths are caused by negligent care, but when a baby dies, parents have a right to know that everything was done correctly to try and avoid the child's death. Providing parents with support and explanations in such circumstances is a basic requirement of good practice.

If you believe that your child's death was the result of substandard care, you may be able to make a medical negligence claim. Examples of common grounds for stillbirth medical negligence claims include:

• Delays in delivery that cause oxygen deprivation 
• Infections being missed or misdiagnosed during pregnancy
• Errors made when performing an emergency caesarean section, leading to the death of the child
• Inadequate monitoring of your baby's general condition during your pregnancy - for example, failure to properly monitor the baby's heartbeat, growth or movement
• Failures in antenatal risk management - for example, not recording the birth as high-risk when it ought to have been
• Substandard referral practices during pregnancy, meaning the mother was not referred for essential tests or check-ups
• Communication issues, resulting in the mother failing to receive the guidance they needed

One particular area of concern is that some parents attend hospital with a strong instinct that something is wrong, and find that their worries are not taken seriously enough. If things do go wrong, they will likely feel guilty for not being more persistent in ensuring their doubts were acted upon immediately. That guilt can be made worse when investigations into the circumstances of their child's death reveal that they would have had a healthy baby if appropriate action had been taken.

All of these factors can result in parents experiencing serious psychological consequences, including post-traumatic stress disorder, in the wake of a stillbirth. This can be made more difficult if they learn that the death of their baby was avoidable, or a consequence of medical negligence.

All reports on stillbirth have highlighted the need to improve communication between parents and their doctors or midwives. Many mothers are aware of the normal patterns of movement and growth of their baby, and if there are concerns, these should be heard and investigated by those responsible for their care. Poor communication is another common factor in medical negligence cases relating to stillbirth.

What is the stillbirth compensation claims process?

If you have reason to believe that your child's death was the result of medical negligence, JMW can help you make a stillbirth or neonatal death compensation claim. We will help by investigating the circumstances of your child's death to provide evidence that negligent care was responsible for your loss.

Here is how the process works:

• Contact JMW as soon as possible to set up a free initial consultation to discuss the particulars of your case. We will explain everything you need to know and advise you on whether you have a strong case
• We will gather evidence to support your claim, reviewing medical records and documentation, while also gathering opinions from independent medical experts. Using this, we will be able to construct a strong case for stillbirth negligence
• We will attempt to reach a settlement that you can agree is fair and reasonable. Most stillbirth negligence cases we handle are settled out of court, meaning the case can be brought to as swift and stress-free a conclusion as possible
• If a settlement cannot be reached, or the medical professional or organisation denies responsibility, we will begin court proceedings, and will represent you each step of the way to give you the best chance of getting the compensation you deserve

We handle stillbirth compensation claims on a no win, no fee basis, meaning that legal fees will only be paid when your claim is successful. Also known as a conditional fee agreement, a no win, no fee arrangement ensures that stillbirth negligence claims can be made at no financial risk to the bereaved family.

How Much Medical Negligence Stillbirth Compensation Can I Claim?

For stillbirth cases, your compensation amount will be calculated to take into account the lasting practical and psychological impact of the loss on you and your family. To calculate how much compensation for stillbirth will be reasonable, your legal team will assess your specific needs and circumstances, and the specialist support services you may need to access.

We understand that no amount of money can truly compensate for the loss of a child. However, compensation claims are intended to provide financial support for the emotional distress, psychological trauma, and any medical expenses incurred due to negligence.

Factors that can influence the amount of compensation include:

• Pain and suffering - this includes both physical pain and emotional distress suffered by you due to the stillbirth.
• Psychiatric injury - if you experience psychiatric conditions such as depression, anxiety or post-traumatic stress disorder (PTSD) as a result of the stillbirth, this can be factored into the compensation. This includes any therapy or counselling costs.
• Medical expenses - any costs related to the pregnancy, delivery, and any subsequent treatment can be claimed, as well as the travel costs associated with attending appointments.
• Loss of earnings - if you had to take time off work or were unable to work due to the emotional impact of the stillbirth, you may be able to claim for loss of earnings.
• Funeral expenses - the costs of the child's funeral can also be included in the claim.

Additionally, stillbirth negligence claims can play a key role in helping you understand why a stillbirth happened, and obtain an apology from those responsible. This can provide you and your family with closure, and lead to changes that will prevent the same mistakes from being made again in future.

Given the complex nature of these cases, make sure to consult with a legal professional who specialises in medical negligence. At JMW, we have a team of experienced solicitors who can provide sensitive and expert advice to help you navigate this difficult process.

Support Following Stillbirth

A stillbirth is one of the most traumatic and devastating experiences a family can go through. Not only does this result in the loss of a new baby, but the event can also be damaging to the mother's health, potentially leaving her with physical and psychological injury.

Many people who have experienced a stillbirth are left with ongoing problems such as depression and isolation; when stillbirths are connected to medical negligence cases, it can cause women to lose faith in the medical profession and be unsure where to turn for expert support.

This is why there are a number of stillbirth and neonatal death charity organisations that exist to help women and their families. Run by individuals with first-hand experience of the devastation of stillbirth, they offer support, campaign for better care and promote the need for research.

JMW has helped many women to successfully challenge poor care through stillbirth negligence claims, and we advise our clients to speak to these organisations in their time of need. Here is some information about their vital work:

Sands (Stillbirth and Neonatal Death Society)

Sands is a charity that has been helping women and their families come to terms with the death of their babies for 25 years, and offers emotional support and practical help. Many of those who provide advice have lost a baby themselves, and so understand only too well the psychological trauma it causes. Sands has made great strides in improving the care provided to parents immediately following a stillbirth, as it recognises its importance in helping them to cope long-term.

The Sands website is a valuable source of information to guide women and families through the many challenging stages they face following a stillbirth.

Sands operates a national helpline for anyone affected by stillbirth, whether it has happened recently or many years ago. As well as helping parents whose baby has died, the helpline is open to any other family members who may have been affected. Callers can discuss their experience in confidence with a sympathetic ear and can also find out about local Sands support groups and counselling services they can access.

The helpline number is 020 7436 5882 and is open from 9.30am to 5.30pm Monday to Friday, and also between 6pm and 10pm on Tuesdays and Thursdays. Sands also has a network of 90 local groups nationwide that offer community-based support to families who have suffered a stillbirth.

The Birth Trauma Association (BTA)

The Birth Trauma Association (BTA) exists to help people who have been traumatised by childbirth, and stillbirth can be one reason for this trauma. The organisation was set up by mothers whose aim is to help other women who have suffered a traumatic birth and are finding it difficult to cope with the psychiatric injury. The BTA tackles three main areas - raising awareness of birth trauma, working to prevent it and supporting families in need.

The BTA website has a wealth of information about birth trauma and how to cope, as well as the real-life experiences of women who have experienced it. The organisation has a network of volunteers who have experienced a traumatic birth and can be contacted by email by anyone in need of support from someone who understands what they are going through. As well as women, fathers and partners who have also been traumatised by a birth are a key target of the BTA's support and there is a dedicated page on their website that contains real-life stories.

Anyone who is suffering from the impact of stillbirth should seek help as soon as possible and many clients of JMW have found these organisations a huge source of support. The advice and emotional support they provide can help women and their families to begin to cope with their devastation and the earlier this begins, the better the long-term outcome will be.