Stillbirth compensation claims

Stillbirth FAQs

• What is a stillbirth?

  In the UK, a stillbirth is defined as a baby born without any signs of life, after having reached 24 of the normal 40 weeks of gestation. If the baby dies before 24 weeks of gestation, this is termed a miscarriage (or late foetal loss). If a baby is born alive, but tragically passes away shortly after birth, this will be regarded as infant mortality (and is subject to an inquest).

• What are the risk factors for stillbirth?

  There is often no identifiable reason for a stillbirth. Common causes may include hereditary birth defects or the placenta coming away from the wall of the uterus (placental abruption). Expectant mothers with diabetes or high blood pressure are also at risk.

  Some common factors associated with stillbirth include:

  • Placental Problems: Issues with the placenta, such as placental abruption (separation of the placenta from the uterine wall) or placental insufficiency (poor blood flow to the placenta), can lead to inadequate oxygen and nutrient supply to the baby.
  • Infections: Infections during pregnancy, such as bacterial infections (e.g., urinary tract infections), viral infections (e.g., cytomegalovirus, parvovirus, herpes), or certain parasitic infections, can increase the risk of stillbirth.
  • Foetal Growth Restriction: Inadequate growth of the foetus (intrauterine growth restriction (IUGR)) may result from various factors, including placental problems, maternal health issues, or genetic factors.
  • Congenital Anomalies: Structural or genetic abnormalities in the baby can increase the risk of stillbirth. Some abnormalities may be incompatible with life and lead to foetal demise.
  • Maternal Health Conditions: Certain maternal health conditions, such as diabetes, high blood pressure (preeclampsia), blood clotting disorders, and autoimmune disorders, can contribute to the risk of stillbirth.
  • Umbilical Cord Issues: Problems with the umbilical cord, such as a true knot, compression, or prolapse, can affect blood flow to the baby and lead to stillbirth.
  • Multiple Pregnancies: Twin or higher-order pregnancies may have increased risks of complications, including those associated with stillbirth.
  • Maternal Age: Advanced maternal age (over 35 years) has been associated with a slightly increased risk of stillbirth.
  • Smoking, Substance Abuse, and Poor Pre-natal Care: Unhealthy lifestyle choices, including smoking, substance abuse, and inadequate prenatal care, can contribute to the risk of stillbirth.
  • Previous Stillbirth: A history of a previous stillbirth increases the risk of experiencing another stillbirth.
• How do I know if I have a medical negligence claim for stillbirth?

  Contact us and one of our experienced solicitors will assess your case to determine whether you have a valid medical negligence claim. We will need to establish a few key elements:

  Duty of care: You must show that the healthcare provider owed you a duty of care. This is generally straightforward in a medical setting, as healthcare professionals are expected to provide a reasonable standard of care to their patients.

  Breach of duty: You need to prove that the healthcare provider breached this duty by failing to meet the standard of care that a reasonably competent healthcare provider would provide under similar circumstances. In the context of stillbirth this could include:

  • Inadequate monitoring
  • Failure to manage conditions that increase the risk of stillbirth
  • Failure to deal with foetal distress
  • Insufficient or inadequate prenatal care
  • Errors in prescribing or administering medications
  • Poor communication

  Causation: You must demonstrate that the breach of duty directly caused harm to you or your baby. This means showing a clear link between the healthcare provider’s actions (or inactions) and the injury or illness suffered.

  Damages: Finally, you need to show that you suffered damage as a result of the negligence. This may include physical injury, emotional distress, additional medical expenses, and other related costs.

  You do not need to address these issues on your own. If you believe these factors may apply to your situation, please contact us. We would be pleased to comprehensively assess your case and assist you in understanding your legal options, including whether you may have a valid claim.

• How much compensation can I claim for a stillbirth claim?

  The amount of compensation you can expect for a stillbirth claim depends on several factors. Here are some general guidelines:

  Type of damages

  General damages: These cover pain, suffering, and loss of amenity (how your injuries have affected your lifestyle or way of life).

  Special damages: These cover financial losses and expenses incurred due to the mother’s injury and may include medical costs, ongoing care, travel expenses, treatment costs and loss of earnings. Anticipated future costs can also be claimed.

  Speaking with one of our specialist injury solicitors will enable us to give a more accurate estimate based on your individual situation.

• What evidence do I need to support my stillbirth negligence claim?

  To support a stillbirth medical negligence claim, comprehensive evidence is required to demonstrate the healthcare provider’s failure to meet the standard of care and the resulting harm. When you instruct us, our first task will be to start gathering the information required to support your case. These are the key types of evidence we will collect:

  • Medical records: We will obtain all relevant medical records, including prenatal care, labour, and delivery notes. These records will enable us to consider whether there were any failures in the care provided.
  • Witness statements: Statements from anyone who witnessed the care received, such as you and your family.
  • Expert evidence: Independent medico-legal experts provide opinions on whether the standard of care was breached and how this breach caused harm (causation). Their testimony is crucial in establishing negligence. They are also needed to support the losses claimed.
  • Complaints correspondence: Any communication with healthcare providers, including emails, letters, and a complaints response.
  • Financial records: Documentation of any financial losses incurred due to the negligence, such as medical bills, travel expenses, and lost income, can support your claim for compensation.

  We will provide guidance on any additional evidence that may be needed for your specific case.

• How long do I have to file a compensation claim for a stillbirth?

  In general, you have three years from the date of the stillbirth to bring a compensation claim for stillbirth.

  However, the rules on limitation are complex and so it is important to consult with a specialist solicitor as soon as possible to ensure you don’t miss any critical deadlines. We can provide detailed advice based on your specific situation and ensure that a claim is investigated in good time.

• Can I make a claim on a ‘no win, no fee’ basis?

  Yes, you can make a stillbirth medical negligence claim on a ‘no win, no fee’ basis. This arrangement, also known as a Conditional Fee Agreement (CFA), means that you do not have the financial risk of paying legal fees upfront. If your claim is successful your opponent pays most of your legal costs and only any unrecovered costs will come from a percentage of your settlement, that we agree with you in advance.  An insurance policy will protect you if your claim is unsuccessful.

  There are other forms of funding available in some cases and we will discuss the details of these with you when we take on your case.

• How long does it take to settle a stillbirth compensation claim?

  The time it takes to settle a stillbirth compensation claim can vary widely depending on:

  Complexity of the case: More complex cases, especially those involving severe injuries can take longer to resolve.

  Evidence gathering: The time needed to collect medical records, expert opinions, and other evidence can impact the duration of the claim.

  Defendant’s response: If the healthcare provider admits liability, the process can be quicker. However, if they contest the claim, it may take longer and could potentially go to court.

  Negotiation and settlement: Most claims are settled out of court through negotiations, which can speed up the process.

  Court proceedings: If it is necessary to start court proceedings, it can take several years to reach a conclusion. However, there are still opportunities to settle the claim throughout that process.

  Once a settlement is agreed, you can expect to receive your compensation within a few weeks.

  Each case is unique; speak to one of our specialist solicitors who can provide a more accurate timeline based on the specifics of your situation.