How To Make Stillbirth Negligence Claims

How To Make Stillbirth Negligence Claims

How To Make Stillbirth Negligence Claims

Suffering a stillbirth can be a hugely traumatic experience. Following a stillbirth that was caused by medical negligence, you may wish to know more about stillbirth negligence claims. After suffering a stillbirth caused by medical negligence you may suffer different kinds of mental illness that you want to make a claim for. 

In this article, we will explain what counts as medical negligence, and what criteria need to be met in order for you to have a valid claim. We will also explain how a No Win No Fee arrangement via a Conditional Fee Agreement (CFA) could help you fund legal representation to manage your claim.

We understand that suffering a stillbirth can be a heartbreaking experience, and as such our advisors will always handle your queries on stillbirth and birth injury claims sensitively. Contact us by:

Select A Section

  1. What Are Stillbirth Negligence Claims?
  2. Causes Of Stillbirths
  3. How Could Stillbirths Be Prevented?
  4. Check Who Could Make Stillbirth Negligence Claims
  5. Mental Illness Caused By Medical Negligence Calculator
  6. No Win No Fee Stillbirth Negligence Claims

What Are Stillbirth Negligence Claims?

The NHS defines stillbirth as when a baby is born dead after 24 weeks of pregnancy. Sometimes stillbirths can be unavoidable, and no one is at fault; however, if a stillbirth occurs due to the failings of a medical professional or care provider you may be able to make a stillbirth negligence claim. 

Every medical professional owes a duty of care to their patients. This means that the care you receive must meet a minimum standard, something outlined by the General Medical Council (GMC).

So, if a medical professional acted negligently, and this contributed or led to a stillbirth, you may be able to make a claim. Contact our advisors to find out more.

Stillbirth Statistics

According to the Office of National Statistics (ONS), in 2020, there were 3.8 stillbirths for every 1,000 births in England, and 4.4 for every 1,000 in Wales. 

Causes Of Stillbirths

As we mentioned earlier, stillbirths can happen for a variety of reasons. Sometimes a baby is totally healthy, and there is no explanation for their death. However, the NHS lists some common causes of stillbirths as:

  • Complications with the placenta
  • Haemorrhage during labour
  • Pre-eclampsia
  • Toxoplasmosis
  • Malaria
  • Rubella
  • Flu
  • Cytomegalovirus

Many of these causes happen naturally, and no one is at fault. However, if medical negligence contributed to the stillbirth of your child – then you may be able to make a claim.

Our advisors can provide more information on stillbirth negligence claims. 

How Could Stillbirths Be Prevented?

It’s important to remember that not all cases of stillbirth can be prevented. However, according to the NHS, there are some things you can do to lessen the risk, for example:

  • Avoiding smoking
  • Avoiding using alcohol and drugs
  • Attending as many antenatal appointments as you can
  • Maintaining a healthy weight before pregnancy 
  • Avoiding certain foods
  • Reporting any vaginal bleeding or tummy pain to a medical professional as soon as possible
  • Sleeping on your side instead of your back

Our advisors will handle any questions you may have about your stillbirth negligence claim with care and sensitivity. Get in touch today to learn more. 

Check Who Could Make Stillbirth Negligence Claims

As we mentioned earlier, the suffering that you want to claim for must have been a result of medical negligence. Some losses happen for reasons that are unknown or are unavoidable, and in these cases, you may not be able to claim. Some examples of medical negligence include:

  • Misreading of test or scan results: As part of your antenatal treatment, you may have been referred for tests, such as ultrasound scans or blood testing. If a doctor or GP failed to identify any potential problems that were clear in the results of these tests, they may be found negligent.
  • Failure to refer: If a medical professional fails to refer you for further help after experiencing cramps or spotting and this leads to the loss of a baby they may have been negligent. 
  • Inadequate monitoring: Your antenatal team should provide adequate monitoring of both your health and your baby’s health. This includes things like your blood pressure and the position of the umbilical cord. If signs of distress are ignored, and you suffer a stillbirth as a result, then it may have resulted from negligence. 

Our advisors are on hand to provide more information surrounding stillbirth negligence claims and can offer free legal advice when you get in touch.

Mental Illness Caused By Medical Negligence Calculator

It can be difficult to provide average settlements for medical negligence claims, as compensation is awarded in line with the individual circumstances of each case. However, many legal professionals use the Judicial College Guidelines (JCG) to help them value potential claims, as the JCG provides a list of potential compensation brackets based on past cases. 

To help you get an idea of how much compensation you could receive, we have created a medical negligence compensation calculator table using these brackets to illustrate how much you could potentially receive in general damages. General damages are the part of your claim that covers pain and suffering. 

InjuryCompensation BracketNotes
Mental Anguish£4380Fear of impending death.
Severe Psychiatric Damage£51,460 to £108,620Inability to cope with work, life and education.
Moderately Severe Psychiatric Damage£17,900 to £51,460Issues coping with daily life, but with some response to treatment.
Moderate Psychiatric Damage£5,500 to £17,900Cases with a good prognosis, and response to professional treatment.
Severe PTSD£56,180 to £94,470Little to no ability to function at the pre-trauma level.
Moderately Severe PTSD£21,730 to £56,180Issues coping at the pre-trauma level, but with some chance of recovery.
Moderate PTSD£7,680 to £21,730Cases of large recovery, with little to no grossly disabling effects.
Less Severe PTSD£3,710 to £7,680Minor persisting symptoms with a full recovery within two years.

You might also be able to claim special damages. This is the part of your claim that covers the financial impact. For example, you may be able to claim back the cost of counselling and therapy.

The JCG can only provide guideline compensation brackets. For a free estimation of what you could receive, contact our advisors today.

No Win No Fee Stillbirth Negligence Claims

Following a trauma, we recommend that you use a No Win No Fee solicitor to help you with your case. Our panel of solicitors offer their services on a No Win No Fee basis, which means they may offer you a Conditional Fee Agreement (CFA). 

Under a CFA, you won’t need to pay any upfront or ongoing fees. If your claim does not succeed, you will not pay any fees to your solicitor. However, if your claim is successful, you will pay a small fee which is taken from your compensation. This fee has a legal cap, to ensure you get the majority of your award.

Our panel of expert solicitors can guide you through the claims process, sensitively handling all of your questions and concerns. For more information, contact our advisors today by:

Birth Injury Compensation Resources

Suffering a stillbirth can cause significant emotional distress. For more help, contact:

For more medical negligence guides related to stillbirth negligence claims, try: