Home / Services / Medical Negligence Claims / Types of Medical Negligence Claims / Stillbirth and Neonatal Death Claims

Stillbirth and neonatal death compensation claims

The loss of your child to stillbirth is one of the most tragic events you could possibly experience, and many thousands of parents leave hospital without their baby every year.

While many of these cases cannot be helped, sometimes the stillbirth or neonatal death is a result of medical negligence. If you have questions about whether more could have been done or you have reason to believe that medical negligence played a role in your loss, you may be able to make a claim.

At Wolferstans, we understand that this process is about much more than financial compensation—it’s about finding answers, obtaining justice, and, ultimately, helping you take steps toward healing.

We have a caring and dedicated legal team who help parents and families going through the tragedy of losing a child, and they will assist and support you throughout the process.

Understanding stillbirth due to medical negligence

Not all stillbirths are preventable, but there are cases where failures in medical care may contribute to this devastating outcome. When a healthcare provider misses critical warning signs or fails to act on potential risks during pregnancy or delivery, this can lead to complications that result in stillbirth. Common examples of potential medical negligence include:

  • Failure to Monitor Foetal Wellbeing: Changes in foetal movement or heart rate often indicate a need for closer monitoring. If healthcare providers overlook these signs, or misinterpret readings, the consequences can be severe.
  • Delayed or Inadequate Response to Risks: Conditions like preeclampsia, gestational diabetes, and untreated infections increase the risk of complications. Failure to properly manage these can endanger both the mother’s and baby’s wellbeing.
  • Errors During Delivery: Complications in labour, such as a breech position or shoulder dystocia, demand attentive, skilled handling. When these situations aren’t managed properly, they can have tragic consequences.
  • Inadequate staffing levels: Sometimes delays in treatment as a result of understaffing can cause complications and contribute to negligence.

If you feel that your loss could have been prevented with better care, our specialist legal team at Wolferstans can guide you in understanding whether negligence may have been involved.

What is the difference between a stillbirth and a neonatal death?

A neonatal death is when a baby dies within 4 weeks (28 days) of being born, often this is related to a premature birth and in some cases there may be a mistake made or medical negligence leading to the neonatal death. This might include:

  • An infection not being discovered or treated
  • Failure to properly monitor the heartbeat of the baby during labour
  • Not providing active or passive cooling for oxygen-deprived babies

There may be other situations or actions that lead to a neonatal death, so if you’re unsure about your particular circumstances, speak to us today and we’ll let you know your rights.

A stillbirth is when the baby dies in the womb after 24 weeks of pregnancy or during birth. Deaths earlier than 24 weeks are called a miscarriage. Often there is no known cause of stillbirths, but in some cases the death is preventable and could be a result of medical negligence such as:

  • Failing to spot symptoms or misreading test results
  • Lack of regular check-ups during pregnancy
  • Improper treatment of symptoms
  • Failure to refer unusual test results to a consultant

One BBC study found that women who have a c-section are 14% more likely to have a stillbirth in future.

Who can make a stillbirth or neonatal death claim?

Claims related to stillbirth are typically filed by the mother, as her experience is directly linked to the loss. Legal guidelines recognise both her and her baby as one entity in such cases, meaning any compensation will address the emotional and psychological impact on her.

Types of compensation in stillbirth claims

While no amount of money can make up for your loss, the purpose of compensation in these claims is to support you and your family emotionally and practically through your grief. A stillbirth or neonatal claim may cover:

  • Medical and Psychological Support Costs: Therapy and mental health support, including counselling, can be essential for recovery, especially in coping with conditions like PTSD or depression.
  • Financial Losses: Compensation may cover lost income if a parent needed extended time away from work to grieve or adjust.
  • Funeral and Memorial Expenses: Many families are faced with unexpected expenses in arranging a funeral; compensation can help ease this burden.
  • Home Adjustments and Support Needs: In the rare case where a mother suffers physical injury during delivery, compensation may support any necessary home adaptations or care needs.

Our approach to helping families through the claims process

At Wolferstans, we treat each case with deep empathy and a commitment to support you throughout. Here’s what to expect:

  • Initial Consultation: We’ll begin with a private consultation, where we listen to your story and explain how the claims process works. We can also help you decide if you may have a case.
  • Gathering Evidence: If you choose to proceed, we will help gather all necessary records, from medical documents to expert insights and any witness accounts.
  • Settlement Negotiations: Our team will present your case to the other side, aiming to secure a fair settlement and avoid court proceedings whenever possible.

What evidence do you need for a stillbirth compensation claim?

We will assist you in gathering all the information and evidence needed to make a strong case for compensation, so don’t worry if you don’t feel like you have the relevant information already available. We will review any evidence you already have including:

  • Medical records.
  • Any written communication with healthcare providers.
  • Personal notes detailing appointments or symptoms.

Compensation recovered in stillbirth claim

Our specialist stillbirth and neonatal legal team recovered compensation for one family who lost their baby due to a negligent delay in receiving a CTG trace.

Mrs X fell pregnant with her second child and was referred to a consultant due to injuries sustained during her first pregnancy. It was decided that this second pregnancy could continue with midwifery led care with a plan to review at 37 weeks.

Mrs X became concerned by reduced foetal movements but she was discharged following a CTG trace. A few days later Mrs X’s waters broke and she was admitted to hospital before being transferred to the labour ward.

A CTG trace performed that day was suspicious on numerous occasions and, as such, Mrs X was reviewed by a registrar who deemed that no intervention was necessary at that time but ordered a further CTG trace within 1 – 2 hours.

Sadly this CTG trace did not actually occur until several hours later at which point no foetal heart rate could be heard. Mrs X was taken for an ultrasound scan which revealed that her baby had tragically passed away and she delivered her daughter stillborn.

This case demonstrates how negligent delays can result in devastating outcomes.

Why make a stillbirth claim?

For many parents, seeking compensation is a way to gain answers, hold accountable those responsible, and drive change to prevent similar tragedies for other families. Compensation can offer practical support in a time of grief and help ensure that proper care standards are upheld.

What is the time limit for making a claim?

Typically, you have three years from the date you became aware of the potential negligence to make a stillbirth claim. However, there can be exceptions to this timeframe, so it’s important to seek legal advice as soon as possible.

No win, no fee stillbirth claims

At Wolferstans, we handle stillbirth claims on a No Win, No Fee basis. This means you can pursue justice without worrying about upfront legal costs, as our fees are only payable if your claim is successful.

Seeking Compassionate Support

Losing a child is an unimaginable heartbreak, and we know that no compensation can replace what you’ve lost. But by making a claim, you may find some measure of closure and receive support to help you and your family heal. If you’re ready to explore your options, our specialist team at Wolferstans is here to help you take the next step.

Birth Injury Compensation Claims

If you or your baby were injured during birth, our stillbirth and neonatal legal team can also help you with compensation for those cases. Birth injury claims usually include:

There are many other circumstances surrounding pregnancy and birth that could be caused by medical negligence, so if you want to know more about whether you might have a case for compensation, speak to our friendly team today.

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 is a 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.
Tommy’s is a pregnancy and baby charity helping mothers and families who have experienced the tragedy of baby loss.
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

More information on claiming for medical negligence with Wolferstans

What to expect during your free consultation
List of all medical negligene claims we can help you claim for
How to make a medical negligence claim
Funding options for medical negligence claims
More information on claiming on behalf of someone else
See how we've helped others in your position
Our accreditations
Helpful leaflets to download