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  • Stillbirth Compensation Claims

Stillbirth Compensation Claims

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If your family has suffered a stillbirth, it can be painful to learn that medical staff could have done more to save your child. Our medical negligence solicitors can support you through your stillbirth compensation claim and help give you the closure you need.

Not all stillbirths are preventable, but regular check-ups during pregnancy can help spot symptoms early and keep babies alive and healthy.

You may be able to make a stillbirth compensation claim if medical staff:

  • Didn’t give you regular check-ups and tests
  • Missed symptoms or misinterpreted test results during check-ups
  • Failed to refer you to a consultant if your test results were unusual
  • Failed to treat symptoms correctly or quickly enough.

Making a stillbirth compensation claim can help you find out what mistakes were made and why. Our lawyers may also be able to get you an apology from those responsible.

Your claim is about helping you and your family recover from this traumatic event. Your compensation settlement can cover the cost of therapy, lost wages from time off work, and other related expenses.

We understand how difficult it can be to relive such a traumatic event, which is why our friendly and compassionate solicitors will strive make your claim as easy as possible. You’ll get regular updates in plain English and we’ll help you access the very best professional support for your family.

For more information about making a stillbirth compensation claim, call our team today on 0800 121 6567 or contact us online.

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Stillbirth Compensation Claims - More Information

After you’ve got in touch, we’ll set up a free initial consultation where we’ll talk about your situation. We’ll then explain everything that will happen if you need to take part in an investigation.

We’ll always try to make things as clear and easy as possible for you. Most claims are funded with a No Win No Fee* agreement, but we’ll talk you through a variety of options and advise which is best for you.

Our lawyers will then collect evidence to support your claim, including medical records, documents and the opinions of independent medical experts. Using this, we’ll come to a compensation amount that best supports your needs.

The majority of fatal medical negligence cases we handle are settled out of court. If we can’t reach a settlement which we feel is fair and reasonable, or the medical professional or organisation involved denies responsibility, we’ll start court proceedings.

Even if your claim does go to court, your case might not reach trial as we’re often able to agree a settlement before it reaches the court room. If your case does go to court, we’ll be there for you every step of the way ensuring that you have the best possible chances of getting the compensation you deserve.

Stillbirths are highly traumatic events that affect entire families.

Your stillbirth compensation claim will take into account the lasting psychological effects you and your family have experienced and help you access the specialist services you need.

Your settlement can cover:

  • Therapy or counselling costs
  • Travel costs for getting to and from appointments
  • Lost wages from time off work
  • Childcare costs
  • Funeral costs.

We can also help you get answers about why the stillbirth happened and an apology from those responsible. We may even be able help bring about changes that prevent the same mistakes happening to another family.

To find out more about how a stillbirth claim could help you and your family, contact our experts free on 0370 1500 100.

Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

Please visit our No Win No Fee page for more information on how it works.

You’ll normally have three years to make a claim. This is counted from either the date of your negligent care or when you discovered that negligent treatment was responsible for the stillbirth.

We urge you to contact us as soon as possible so that we can start looking at the evidence and building your case without delay. If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.

Coroners in England and Wales don’t normally have the power to investigate stillbirths so inquests don’t always happen.

The NHS Trust responsible for your care will usually start a review into how the stillbirth happened. If they don’t hold a review or if we think the review is inadequate, we can request for a formal inquest to take place as well.

You may be asked to attend the inquest and answer questions. If not, we can represent you at the inquest and you won’t have to attend yourself.

We understand how difficult it can be to relive such a heartbreaking experience. We will do everything we can to make the inquest as easy as possible so you can get the answers you deserve.

Read more about Fatal Medical Negligence Claims and Inquests

mental health worker chatting with client

They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Frequently Asked Questions

What is a Stillbirth?

A stillbirth is when a baby is born dead after 24 weeks of pregnancy.

If the baby dies before 24 completed weeks, it's known as a miscarriage or late foetal loss. A neonatal death is when a baby dies in its first 28 days of life.

Roughly 0.5% of pregnancies in the UK end in stillbirth. Most are caused by problems with the placenta or the mother’s health.

The mother may be able to wait until labour starts naturally. In other cases, medical staff may need to induce labour or perform a caesarean delivery.

While some stillbirths are natural and unpreventable, others happen because of mistakes made by the medical staff caring for the mother and child.

Why Do Stillbirths Happen?

Many stillbirths happen in otherwise healthy babies and cannot be explained. But there are some causes that we do know about, including:

  • Placental abruption - a separation of the link between mother and child
  • Insufficient blood supply through the placenta
  • Pre-eclampsia – an issue characterised by high blood pressure and protein in the urine in the mother
  • Infection in the baby, placenta or mother
  • Umbilical cord problems
  • Gestational diabetes – high blood sugar caused when the mother’s body doesn’t produce enough insulin.

These conditions are not always fatal. If the symptoms are noticed early enough, medical staff can treat the mother and help her give birth to a healthy child.

If staff miss the symptoms or fail to treat the conditions correctly, this may amount to medical negligence.

If you suffered from any of these conditions during your pregnancy and received substandard medical care, you may be able to claim for stillbirth compensation. Contact us online for more information.

What Should Medical Staff Do To Prevent Stillbirths?

There are a number of things that medical staff should do to reduce the risk of stillbirths and neonatal deaths. The first step is to regularly check the baby’s condition in the womb. This means testing…

  • The baby’s movements
  • The baby’s heartbeat
  • The baby’s growth
  • Fluid around the baby
  • The mum’s health.

Staff must then correctly interpret the results of these tests and react according to medical guidelines. If the results are unusual, they should refer the case to a consultant for expert advice.

Failing to take regular tests and react appropriately is medical negligence. It puts both mother and child in unnecessary risk and you deserve better.

If you have lost a child and think that medical negligence is to blame, we may be able to help you make a stillbirth compensation claim. Contact us online or call free on 0800 121 6567 to find out more.

Read More FAQs

Related Information - Stillbirth Compensation Claims

Fatal Medical Negligence Claims & Inquests - more information about how we can help by representing you at an inquest
Birth Defect & Wrongful Birth Claims - how to claim if doctors failed to notice a birth defect while you were pregnant
Coping With Bereavement - what we can do to make things easier after a stillbirth
What Is Medical Negligence? - our guide to medical negligence claims

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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