Stillbirth claims are for medical negligence in the obstetric care and delivery of a stillborn baby. Throughout your pregnancy, you have done as instructed by the medical team only for negligence to cause the death of your child.
According to the Office of National Statistics, there were 615,557 live babies born in the United Kingdom in 2020. There were 2,429 stillbirths, producing a rate of 3.9 in every 1,000 births.
It may not seem like a very high rate, but when your child is stillborn, the statistic becomes a tragic reality. To discover the death of your unborn child was due to medical negligence makes a terrible situation worse.
A medical negligence solicitor handles stillbirth claims. Only a No Win No Fee medical negligence solicitor can get you the compensation you deserve for the errors leading to your stillborn child.
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What is a stillbirth?
A stillbirth is when your baby dies before or during the delivery. In the UK, a stillbirth is described as the death of a baby after the 24th week of a pregnancy
It is a tragic event for the mother and family, and it is difficult to find words to describe the loss. A stillbirth will affect the mother for life and can affect her physical and mental health.
Stillbirths can happen due to problems with the placenta, complications with the mother’s health and possibly a birth defect. One can also happen as the result of a tragic accident, such as a car crash or a fall.
The grief of losing a child due to stillbirth can be difficult for the mother and family to deal with for life. When the stillbirth is due to medical negligence, the grief can become unbearable.
Knowing more about stillbirth and stillbirth negligence may help make sense of a difficult time.
What is stillbirth negligence?
Stillbirth negligence is when the negligent treatment of the medical team at the hospital or clinic causes the death of your unborn baby.
There are often natural causes behind the stillbirth of your child, but you may discover too that medical negligence was behind the tragedy.
Stillbirth negligence is when the medical staff do not do their duty when caring for you and the unborn baby. You trust the obstetric staff to guide you through pregnancy and the delivery of your special baby.
When the medical staff do not do their duty at a professional level, it is medical negligence. Stillbirth negligence is when obstetric staff provide care below that of acceptable medical standards.
Stillbirth negligence causes the death of your child and may even put your life in danger at the same time.
You will want to find out how the stillbirth negligence happened, and a medical negligence solicitor can handle the compensation claim at this difficult time.
How does stillbirth negligence happen?
Stillbirth negligence happens when obstetric staff do not do their medical duty and cause the death of an unborn child.
Stillbirth negligence can happen during the pregnancy when the mother is in labour or as the baby is being delivered. There is not any excuse for stillbirth negligence and the suffering it causes you and your family.
Stillbirth negligence happens when the medical professional is guilty of:
Failing to provide regular check-ups during a pregnancy
Failing to provide regular check-ups during pregnancy increase the chances of missing any problems. Check-ups can spot changes in blood pressure or possible complications in the birth.
Not referring the mother to a hospital consultant
Not referring the mother to a hospital consultant when there is a need for it will put the life of the unborn baby at risk. An obstetrician can guide the mother towards what is best for the baby and alleviate any risks.
To not refer a pregnant woman to a hospital consultant when necessary is medical negligence.
Missing the signs of placental abruption
Missing the signs of placental abruption is when the doctor does not spot that the placenta has separated from the walls of the uterus.
The placenta is vital for the baby to receive oxygen and nutrients. When the placenta separates from the uterus, early delivery may be the only way to save its life
Placental abruption can cost the life of your unborn baby. To miss the signs of it is medical negligence, and you will have a stillbirth claim for compensation.
Failing to monitor the baby’s heartbeat and movement
Failing to monitor the baby’s heartbeat and movement will miss indicators that the baby is in distress. A regular heartbeat and plenty of movement are good signs that all is ok with the baby.
When the foetus is in difficulty, the heartbeat drops and movement decreases.
Regular monitoring of the baby’s vital signs is good practice and for the obstetrics team to fail to do so is medical negligence.
Missing the signs of preeclampsia
Missing the signs of preeclampsia should never happen when the doctors and nurses are doing their job correctly. Once detected, prompt delivery of the baby may be ordered, or constant bed rest for the mother.
Symptoms of pre-eclampsia are high blood pressure, protein in the urine and swelling of the legs. They are obvious in a well-cared-for pregnant mother-to-be.
Missing them will put the baby’s life at risk and is severe medical negligence.
Missing the symptoms of gestational diabetes
Missing the symptoms of gestational diabetes will put a baby’s life at risk before it is born. Gestational diabetes is not unusual in pregnant women, and regular check-ups will detect it.
When gestational diabetes is not diagnosed, it can cause complications. The baby will have high blood sugar levels and weight gain, both of which can make delivery difficult and life-threatening.
Failing to monitor the baby during delivery
Failing to monitor the baby during delivery should never happen, but unfortunately, it does. Your baby needs monitoring to ensure all is ok and delivery is going to plan.
Failing to do so will miss that the baby is in difficulty and needs an emergency Caesarean section.
Not ordering a Caesarean section
Not ordering a Caesarean section when necessary can put the baby’s life in immediate danger. A baby in trouble will have difficulty getting oxygen, and its heart rate will drop dramatically.
If there are signs that the baby could be bigger than expected or is in a difficult position, then a Caesarean should be ordered in advance.
Failing to order a Caesarean section is often the cause of stillbirth and is medical negligence.
If you or a loved one lose a baby through stillbirth negligence, you will be in line for a compensation claim. A No Win No Fee medical negligence solicitor will handle your case against who is at fault for the stillbirth negligence.
Who is at fault for Stillbirth negligence?
A medical professional is at fault for stillbirth negligence. The obstetrician, the midwife, the doctor or the paramedic who put the life of your unborn baby at risk is responsible for the stillbirth negligence.
As a pregnant mother, you are in a vulnerable position. You rely on the medical staff to care for your unborn baby and to guide you towards the safe birth of a healthy child. For the medical staff to not do their duty not to give you care at a professional and acceptable level is medical negligence.
Stillbirth negligence costs your child’s life but also puts your chances of having another child at risk and is very traumatic for all involved.
It is devastating to lose a healthy baby you were carrying but to discover losing it was due to medical negligence can be beyond belief.
When medical negligence costs the life of your baby, you can make a compensation claim for stillbirth negligence.
How much can I claim for stillbirth negligence?
You can claim amounts from more than £3,000 to over £90,000 for stillbirth negligence. Stillbirth negligence claims cover mental anguish and the effects of Post Traumatic Stress Disorder, PTSD, which can last for many years.
The money will not remove the loss of your baby, but it may help you deal with the stress caused by the stillbirth negligence.
There is not one fixed amount awarded in stillbirth negligence cases. As in all medical negligence claims, each case is dealt with on its merits and how much you have suffered due to a stillbirth.
A No Win No Fee medical negligence solicitor will be the only one who can advise you on a stillbirth negligence claim. They will know from experience what your case may be worth and how to go about a successful claim.
Your No Win No Fee medical negligence solicitor will handle your stillbirth negligence claim and get you compensation for all damages incurred.
What can you claim for when suing for stillbirth negligence?
You can claim compensation for any damages that occurred, when suing for stillbirth negligence.
There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.
General damages
General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.
Special damages
Special damages include loss of earnings, future care costs, and out-of-pocket expenses.
Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.
You deserve compensation to cover all losses, including loss of life, medical costs and any long-term care needs.
When you or a loved one suffers from the effects of stillbirth negligence, you make a claim for compensation.
Your No Win No Fee solicitor will guide you through the steps in making a stillbirth negligence claim.
What are the steps involved in making a stillbirth negligence claim?
The steps involved in making a stillbirth negligence claim go from seeking medical advice to issuing court proceedings. The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.
When you follow the steps correctly and get all the facts and figures together, your medical negligence solicitor will do the rest.
Step 1: Seek medical advice
Seek medical advice on the injuries you have suffered or are suffering with immediately you realise you experienced stillbirth negligence.
Step 2: Contact a specialist medical negligence solicitor
Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered stillbirth negligence.
The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.
You are the one who suffered medical negligence, and you should get all the money due for the suffering.
Step 3: Your medical negligence solicitor obtains your medical records
Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid stillbirth negligence case.
The medical negligence team will know from reading your medical records if the case will result in stillbirth compensation being paid.
Step 4: The medical negligence solicitor sending a letter of claim to the negligent party
The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit stillbirth negligence in what is known as ‘sending a letter of claim.’
When the negligent party receives the letter of claim, it has up to four months to provide a written response.
Step 5: Getting a response from the negligent party’s insurer
Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.
The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.
If they admit liability, your stillbirth negligence claim can be valued.
The two parties will meet to decide on your stillbirth compensation payment.
Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.
Step 6: Issuing court proceedings
Issuing court proceedings is the next step if they deny liability in your stillbirth negligence case. Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered.
Your medical negligence solicitor issues the court proceedings.
Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.
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Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to a successful stillbirth negligence claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You are the one who suffered stillbirth negligence, and you deserve the compensation to get your life back to normal.
How long do I have to make a claim for stillbirth negligence?
You have three years to make a claim for stillbirth negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought, court proceedings issued within three years of the injury, or three years of knowledge of the facts giving rise to the claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a stillbirth negligence claim or court proceedings.
Persons under a disability, who lack capacity, are not subject to any limitation period.
Can I make a medical negligence claim against the NHS?
Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment.
Each year there are between 8,000 and 10,000 successful medical negligence claims against the NHS. Suing the NHS for medical negligence can make some people feel uncomfortable.
Amounts in compensation claims awarded against the NHS range from £1000 to over £10 million. The amount you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the
NHS through their taxes, and for that they deserve respect and the best medical treatment.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your stillbirth negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered stillbirth negligence, and you deserve every penny of the compensation.
Contact us at the Medical Negligence Team for all your medical negligence needs.