Losing a baby to stillbirth is a devastating experience, and when it may have been caused by failings in maternity care, families are often left searching for both answers and a way forward. Medical negligence stillbirth compensation is intended to recognise the harm caused to a mother, and in some cases a partner, where negligent care led to the loss of a baby. It cannot undo what happened, and no amount of money is offered as though it could. What a claim can do is acknowledge the injury, provide for treatment and support, and establish what went wrong. This article explains how these claims work and what compensation is meant to cover. It deals with sensitive matters and is written as general guidance only.
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What Is A Stillbirth In Law?
A stillbirth is the loss of a baby after 24 weeks of pregnancy, before or during birth. It is treated differently in law from a neonatal death, which is where a baby is born alive but dies within the first 28 days.
The distinction matters a great deal to a claim. In law, an unborn baby does not have a separate legal identity, and a mother and her baby are regarded as one person until the baby is born alive. A stillbirth claim is therefore, in legal terms, a claim by the mother for the injury she has suffered, rather than a claim brought on behalf of the baby. Where a baby is born alive and then dies, the position is different, and a claim may also arise on behalf of the baby’s estate.
When Does A Medical Negligence Stillbirth Give Rise To A Claim?
Not every stillbirth is the result of negligence. Many are simply tragic occurrences that happen despite good care and could not have been prevented. A medical negligence stillbirth claim arises only where the care provided during pregnancy, labour, or delivery fell below a reasonable standard, and where that failing caused or contributed to the loss of the baby.
Examples of failings that can lead to a claim include:
- Not acting on signs that a baby was growing poorly.
- Failing to monitor or respond to reduced movements.
- Not recognising or managing a condition such as pre-eclampsia or gestational diabetes.
- Mismanaging an infection, or failing to act on abnormalities in monitoring during labour.
Whether the care fell short, and whether earlier or different action would have led to the baby being born safely, is assessed by independent medical experts after a review of the records.
What Can Compensation Cover?
Because the claim is the mother’s, compensation focuses on the injury she has suffered and its consequences. That includes any physical injury and, very often, a recognised psychiatric injury such as post-traumatic stress disorder, an anxiety or depressive disorder, or a prolonged grief condition. Grief alone, without a diagnosed condition, is not something the law compensates, which families sometimes find hard to accept.
Compensation can also reflect the loss of the satisfaction of bringing the pregnancy to a successful conclusion, and the ordeal of going through a further pregnancy and birth where that follows. Alongside this, financial losses can be claimed, such as the cost of counselling or therapy, loss of earnings, funeral expenses, and items bought in preparation for the baby. In more serious cases, the future cost of care, treatment and support is included.
Is There A Bereavement Award For A Stillbirth?
This is one of the most misunderstood points, and the answer is often difficult for parents to hear. The fixed statutory bereavement award, currently £15,120 in England and Wales, is available only in relation to a person who was born alive. Because a stillborn baby is not recognised in law as a separate person, that award is not available for a stillbirth.
Where a baby is born alive and dies shortly afterwards, the position can differ, and the bereavement award may then be payable to those who qualify. The distinction can feel arbitrary and unfair to grieving families, and it has attracted criticism, but it remains the current law. It does not mean a stillbirth claim has no value, because the mother’s own injury and losses are compensated in the way described above.
Can A Father Or Partner Claim?
A father or partner may be able to bring a claim, but the position is more limited than it is for the mother. Because the mother is directly involved, she is treated as a primary victim and can claim for her own injury. A partner who was not physically involved is treated differently, and can generally only claim where they have suffered a recognised psychiatric illness as a result, a test the law applies strictly.
These claims are more difficult and depend heavily on the individual circumstances. If both parents have been affected, it is worth raising this at the outset so that the position for each can be considered properly.
Is There A Time Limit?
Yes. A claim must generally be started within three years, running from the date of the stillbirth or from the date the mother first knew that it was connected to negligent care. There are limited exceptions, including where a person lacks the mental capacity to bring a claim.
Because these claims involve detailed medical evidence, and because the process can feel overwhelming while you are grieving, it is sensible to take advice in good time rather than close to the deadline, even if you are not ready to make a decision straight away.
Speaking To Someone When You Are Ready
There is no right or wrong time to ask questions about what happened, and no obligation to commit to anything by making contact. When you feel able to, our solicitors will listen with care, explain gently whether there may be grounds to investigate, and let you take things at your own pace.
We offer a free initial conversation with no obligation, giving you the information you need before you decide how to proceed. To speak to a member of our medical negligence team, contact us on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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