Stillbirth and Neonatal Death Claims

The loss of a baby due to neonatal death or stillbirth is one of the hardest things anyone can go through and can have a deep psychological impact that affects every aspect of your life and those of your loved ones.

While nothing can bring back your child, with the right counselling and other types of support, it is possible for people to rebuild their lives even after such a devastating event. Where the death of your child was due to medical negligence, claiming compensation can be essential to ensure you get the support you need.

Wolferstans’ medical negligence solicitors have helped a large number of families to pursue claims for stillbirth and neonatal death due to medical negligence. We understand how difficult and sensitive these matters are and can provide the compassionate, clear support you need to help achieve a fair outcome while protecting your emotional wellbeing.

One way we can make the claim process easier is by allowing you to avoid the need to attend a court hearing in most cases. We have strong skills in negotiation and non-confrontational dispute resolution, meaning we can typically agree a settlement out of court for most of our clients.

We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.

To arrange your consultation please contact the new client team on 01752 292204.

Our stillbirth and neonatal death claims service

We support families all over England and Wales with compensation claims for stillbirths and neonatal deaths, including claims connected to:

  • Failure to identify or appropriately monitor potential risks to the baby
  • Failure to properly monitor the baby’s heartbeat, mother’s blood pressure and other key vital signs during labour
  • Misdiagnosis or late diagnosis of issues such as early separation of the placenta from the womb lining
  • Failure to diagnose or properly treat maternal infections
  • Failure to provide appropriate resuscitation or oxygen to a baby who has suffered birth asphyxia
  • Failure to provide appropriate emergency treatment, such as a Caesarean section, when required to protect the health of the baby
  • Failure to recognise signs of infection in a new born
  • Failure to properly monitor viral signs in the neonatal period

Read about some of the cases we have successfully pursued in relation to stillbirth and neonatal death compensation claims.

How stillbirth and neonatal death claims work

Our clinical negligence lawyers will provide straightforward, empathetic support for the entire claims process, making things as easy as possible on you and your loved ones during this difficult time.

A typical compensation claim for stillbirth or neonatal death will involve:

  • Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
  • Contacting the relevant healthcare provider with the details of your claim.
  • Ensuring the defendant responds to your claim in a timely fashion.
  • Assessing the defendant’s response and advising you of your options.
  • Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
  • Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.

Find out more about the process of making a clinical negligence claim.

Funding a compensation claim for stillbirth or neonatal death

At such a challenging time, thoughts of how you can fund a compensation claim for the death of your child should not be an additional worry. We make a commitment to our clients that, as long as we believe your claim has merit, we will find a simple way to help you fund it that suits your circumstances.

For most of our clients, this means using a conditional fee agreement. Often called ‘no win, no fee’, this means you only pay our legal costs if your claim is successful.

This approach allows you to start a claim without paying anything up front and means your final legal costs will be based on a percentage of any damages won. This removes the financial risk from making a claim and means you will get the maximum benefit if your claim succeeds.

You may also be able to use legal expenses insurance to fund your claim. This is often offered alongside home insurance policies and with some bank accounts and credit cards, so may be worth considering if you have this type of cover available.

To discuss your options for covering the cost of a stillbirth or neonatal death claim, please don’t hesitate to get in touch.

Find out more about funding a medical negligence claim.

Our expertise in stillbirth and neonatal death claims

Our clinical negligence team have extensive experience with stillbirth and neonatal death claims, having achieved success with some of the most complex claims of this type. Our expertise means we can give you the best possible chance of a fair outcome, while ensuring you have all the emotional and practical support you need.

Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.

Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.

Find out more about our medical negligence claims team.

Read our client testimonials.

Common questions about neonatal death and stillbirth claims

You will normally have 3 years from the date of death to bring a compensation claim for the death of a child due to stillbirth or neonatal death.

However, if you only became aware that medical negligence may have been a factor later, the 3-year time limit may be counted from this point instead.

There are various factors that can affect the applicable time limit for claiming compensation, so we always recommend consulting a member of our clinical negligence team, no matter how much time has passed.

Depending on the circumstances, there are two main types of damages you can typically claim:

Special damages for specific financial losses incurred up to the date of settlement.

General damages for:

  • Non-financial losses (e.g. compensation for your emotional suffering)
  • Expected future financial losses (e.g. the cost of counselling and replacing lost income for any time you need to take off work unpaid)

We will provide an estimate of your claim’s value at the outset, giving you a clear idea of what you may be able to achieve.

Parents who have suffered a stillbirth or neonatal death may be able to claim compensation if it can be shown that:

  1. The treatment the mother or child received fell below medically acceptable standards.
  2. The substandard treatment received directly caused or contributed to the death of the baby.

A high standard of proof is needed for a successful claim, which will usually include:

  • Medical records
  • Witness testimony
  • Evidence from independent medical experts

Further information about stillbirth and neonatal death claims

For more information about claiming compensation for a stillbirth or neonatal death and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.

Support for parents following a stillbirth or neonatal death

There are various organisations that offer practical and emotional support for parents affected by a stillbirth or neonatal death, including:

Little Things and Co – This local Plymouth-based charity offers support to anyone who has suffered the loss of a child with group meetings, literature and additional support as appropriate.

Sands – This charity has been supporting people dealing with stillbirth and neonatal death all over the UK for 40 years. Their services include a helpline, local groups and a strong online community.

The Birth Trauma Association – This organisation is made up of mothers who have suffered difficult births, including stillbirth and neonatal death, who support other women who have gone through similar experiences.

Start a stillbirth or neonatal death claim with us today

To arrange a free initial no obligation consultation and find out more about starting a compensation claim for a stillbirth or neonatal death:

To arrange your consultation please contact the new client team on 01752 292204.