The loss of a child to stillbirth caused by medical negligence can be deeply traumatic for everyone affected. Mindful of that, our guide to stillbirth negligence claims will explore how compensation can support you and your healing process.
By reading this guide, you will understand more about the eligibility criteria for starting medical negligence claims and how compensation is calculated. Our guide will also reflect on how birth injuries may result in stillbirths and how our panel of solicitors could help you claim on a No Win No Fee basis.
Key Takeaways
- To be eligible to start a claim, you need to show that you suffered harm because of negligent conduct.
- Compensation will consider the harm you suffered and the financial losses you incurred.
- You need a strong body of evidence to make a claim.
- You typically have 3 years to start a medical negligence claim, but exceptions may apply.
- Our panel of medical negligence solicitors could help you claim compensation on a No Win No Fee basis.
If you have any questions about stillbirth negligence claims or want to start yours today, please get in touch with our advisors by:
- Visiting our ‘contact us‘ page
- Calling them on 0113 460 1216
- Making a free claim enquiry
Jump To A Section
- What Are Stillbirth Negligence Claims?
- Am I Able To Claim After My Stillbirth?
- How Can Negligence Cause Stillbirths To Happen?
- How Much Compensation Could I Get For A Stillbirth Claim?
- What Can Stillbirth Negligence Compensation Do For Me?
- How To Make Stillbirth Negligence Claims
- Get Help From Medical Negligence Claims Care
- Further Support After Experiencing A Stillbirth
- More Information
What Are Stillbirth Negligence Claims?
Stillbirth negligence claims give grieving parents the opportunity to pursue compensation if they have suffered harm as a result of negligent conduct or omissions. Medical negligence can occur in both public and private settings. It happens when medical and healthcare professionals cause someone avoidable harm after failing to meet certain standards, which we will discuss in more detail in the next section.
If you want to learn more about stillbirth negligence claims, please continue reading this guide or contact our helpful advisors today.
Am I Able To Claim After My Stillbirth?
You may be able to start a stillbirth negligence claim if you meet the following eligibility criteria:
- You were owed a duty of care by a medical professional.
- Their negligent conduct or omission breached this duty.
- This resulted in a stillbirth and avoidable harm.
Essentially, every medical professional is expected to meet the correct or minimum standard of care when treating patients. That is their duty of care. If their failure to meet those standards causes you unnecessary harm, this is considered negligent and may result in a valid compensation claim.
The General Medical Council (GMC) sets out professional standards that medical professionals, including those within antenatal support, must abide by. More specifically, registered midwives and clinicians must comply with the correct standards expected of a competent professional. These standards are laid out by the Royal College of Midwives and the Royal College of Pediatricians and Child Health.
Get in touch with our advisors today to find out if you are able to start a medical negligence claim.
How Can Negligence Cause Stillbirths To Happen?
As briefly explained in previous sections, the negligent conduct or omissions of medical professionals may result in stillbirths and harm that otherwise would not have occurred.
Some examples of stillbirth negligence includes:
- Inadequate monitoring: A medical professional fails to adequately monitor a baby’s heart rate. This failure means they do not notice that the pregnancy is in difficulty, preventing timely intervention and resulting in a stillbirth.
- Not checking for growth restrictions: A healthcare provider doesn’t perform appropriate checks to ensure there is no fetal growth restriction (FGR). Consequently, they miss the warning signs and delay a diagnosis of FGR, leading to a stillbirth.
- Failing to observe the placenta: A doctor decides against ordering tests despite a patient showing signs of placental abruption. This delays early diagnosis and treatment, leading the pregnancy to end in a stillbirth.
You can discuss your specific circumstances in the strictest confidence with one of our advisors. Before we move on to compensation, it’s important to note that not every stillbirth will be the result of a medical professional’s negligent conduct or omissions. In some cases, stillbirths cannot be prevented, and their cause may never be known.
How Much Compensation Could I Get For A Stillbirth Claim?
Compensation for stillbirth negligence claims varies from case to case, reflecting every person’s individual circumstances. Stillbirth negligence can result in many physical and psychological consequences, including chronic pain and post-traumatic stress disorder (PTSD).
The harm you experienced will be covered under a head of claim known as general damages. Solicitors may put a value on these damages using the Judicial College Guidelines (JCG) alongside medical evidence. The JCG is a publication that contains suggestive compensation brackets for various forms of harm.
The table below provides examples from the JCG, with the exception of the top figure. Please note that the figures are used only for guidance.
Harm Compensation Notes
Multiple Severe Forms of Harm and Financial Losses Up to £250,000 plus This is a combination of multiple severe forms of harm and financial losses, such as therapy.
Female Reproductive System (a) £140,210 to £207,260 Infertility alongside sexual dysfunction, severe depression/anxiety, pain, and scarring.
Female Reproductive System (b) £52,490 to £124,620 Sexual dysfunction, with a likelihood of being permanent.
Female Reproductive System (c) £68,440 to £87,070 Infertility with no associated aggravating factors or sexual dysfunction in a young person without children.
Female Reproductive System (d) £21,920 to £44,840 Infertility with no medical complications or sexual dysfunction for those with children.
Severe Psychiatric Damage £66,920 to £141,240 Considers impact on life, education, and work. This bracket also factors in the impact on relationships and the overall prognosis.
Moderately Severe Psychiatric Damage £23,270 to £66,920 This bracket considers similar factors to the above, but the prognosis is more optimistic. This bracket often covers cases involving psychological harm caused by a negligent stillbirth.
Severe PTSD £73,050 to £122,850 There will be permanent effects, which may mean an individual is not able to work. All areas of life will be badly affected.
Moderately Severe PTSD £28,250 to £73,050 Problems are similar to above bracket, but there will be an improved prognosis due to professional help. The effects are still likely to be significant in the foreseeable future.
Multiple Laceration Scars That Are Noticeable or a Disfiguring Scar £9,560 to £27,740 There will be a number of visible laceration scars or 1 disfiguring scar to the legs, arms, hands, back, or chest.
If you have any questions about how general damages are calculated or would like more advice on how to claim, please ask our helpful advisors today.
What Can Stillbirth Negligence Compensation Do For Me?
Although medical negligence payouts do not make up for the loss of your child or your suffering, they can support the healing process and help fund your path to recovery. As well as compensating you for your suffering, stillbirth negligence compensation may also reimburse you for any financial losses the stillbirth led you to incur.
Under the head of claim special damages, you may receive compensation for:
- Treatments and medications.
- Lost wages if you took any time off work following your stillbirth.
- Lost work benefits such as holiday entitlement or bonuses.
- Therapy or bereavement counselling.
- Travel to and from medical appointments.
When claiming compensation for special damages, you will need to be sure that you have evidence of your losses, such as bank statements, pay slips, and receipts.
If you want more information on special damages or what stillbirth compensation can do for you, please do not hesitate to reach out to our helpful advisors.
How To Make Stillbirth Negligence Claims
The following sections will provide some useful information on how stillbirth negligence claims can be started.
How Long Do I Have To Start A Claim?
Generally, you will have 3 years to start a stillbirth claim in accordance with the Limitation Act 1980. However, this does not apply to medical negligence claims involving children or those who lack mental capacity, as both groups cannot legally pursue compensation by themselves.
The 3-year time limit for children does not start until they are 18. For those who are unable to manage their own affairs, time limits are indefinitely paused unless they regain their capacity. In such an event, the 3 years start to run down from the date of recovery.
If the time limit on a medical negligence claim is paused, a litigation friend may be appointed to act on a claimant’s behalf. Some of their duties include:
- Keeping the claimant informed about the case.
- Signing documents on behalf of the claimant.
- Communicating with the solicitor.
- Helping obtain evidence.
Do I Need Evidence To Support My Claim?
You must obtain evidence when making a stillbirth negligence claim to prove how the medical professional was responsible for the stillbirth. Some types of evidence you could use for your claim include:
- Copies of medical records, including information about pregnancy scans and prescriptions.
- Photographs of any harm you suffered, such as visible infections.
- Correspondence relating to your pregnancy and subsequent stillbirth.
- The contact details of those who may have witnessed negligence.
Understandably, finding evidence after the loss of a baby is not an easy task. However, our experienced panel of solicitors can help obtain proof and build the strongest possible claim on your behalf.
If you have any questions on how to make a stillbirth compensation claim for clinical negligence, please do not hesitate to get in touch with our helpful advisors at your earliest convenience.
Get Help From Medical Negligence Claims Care
At Medical Negligence Claims Care, we understand that the loss of a child can have a devastating impact on all those affected. That is why our panel of solicitors is committed to providing sensitive, professional support throughout the stillbirth negligence claims process.
If you choose to work with our panel of birth injury solicitors, you can expect benefits like the following:
- Walking you through the claims process and explaining key legal terminology.
- Helping you obtain medical evidence.
- Setting you up with specialists, such as counselling.
- Negotiating settlements with third parties and helping you apply for interim payments.
At Medical Negligence Claims Care, our priority is to help you claim compensation and make the process as comfortable as possible for you. So, you can focus on your personal healing journey while a solicitor from our panel works on your case.
Can I Claim On A No Win No Fee Basis?
Our panel of solicitors can represent you on a No Win No Fee basis if you sign a Conditional Fee Agreement (CFA). If you choose to use a CFA, you can avoid paying any upfront or ongoing solicitor fees. Moreover, you won’t face any fees for a solicitor’s work if you don’t receive compensation.
If your claim is successful, you will need to pay your solicitor a success fee. However, this fee is small since it is a legally capped percentage of your compensation.
Contact Us Today
If you have any questions about stillbirth negligence claims or how our panel of solicitors can help you claim compensation, please contact our advisors by:
- Visiting our ‘contact us‘ page
- Calling them on 0113 460 1216
- Making a free claim enquiry
Further Support After Experiencing A Stillbirth
Navigating the trauma of stillbirth is a deeply personal experience, but bereaved parents can get help from charities and organisations if they so choose. For example, you could contact:
- Sands: Works to create a support network for grieving families
- Child Bereavement UK: Supports those who have suffered the loss of a child
- Cruse Bereavement Support: Offers support to those struggling with loss and grief
- Mums Aid: Gives specialist support and counselling during and after pregnancy
You can also reach out to our team to find out how we can help you throughout the claims process.
More Information
If you would like more information on medical negligence claims, please access the guides below:
- A guide on surgical negligence claims.
- Learn about our birth injury compensation calculator.
- How to claim for medical negligence after a C-Section.
Some external references:
- Government guidance on registering a stillbirth.
- Government help to find a bereavement service from a council.
- NHS information on finding urgent and emergency services.
We appreciate you taking the time to read this guide to stillbirth negligence claims.