If your family has tragically suffered a stillbirth due to the mistakes made by medical professionals, Slater and Gordon’s specialist legal experts can help get the justice you deserve.
A pregnancy ending in a stillbirth is tragic and devastating for any family. Unfortunately, the cause of some stillbirths remains unknown, and there are instances where a stillbirth occurs despite the best possible care.
However, when you suffer a stillbirth which could have been prevented had medical staff not mate mistakes during your pregnancy, you may be entitled to make a stillbirth negligence claim and get the justice you deserve.
What is a stillbirth, and how does it become a medical negligence claim?
Stillbirth is a term given to a baby born dead after 24 weeks of pregnancy. According to the NHS, stillbirths can be linked to complications with the placenta, a birth defect, or the mother’s health. Unfortunately, there are some circumstances in which stillbirths occur with no known cause, which means it is not currently possible to prevent all stillbirths.
In the UK, 1 in every 250 pregnancies end in stillbirths, which is approximately eight babies each day. We understand that experiencing such a loss can be extremely traumatic and learning that medical mistakes were made can be devastating. If medical staff failed to deliver the right level of care for you and your baby, you could be entitled to make a claim.
What sort of medical mistakes lead to a stillbirth claim?
There are a number of mistakes that medical staff can make that can result in a stillbirth, such as:
Failure to provide regular check-ups and tests during pregnancy
Failure to recognise symptoms or misinterpret test results
Failure to refer to a specialist if necessary
Failure to treat symptoms quickly
Failing to expedite delivery in the presence of infection, signs that the baby is not coping with the labour or that the placenta is not working
If you believe that the medical staff responsible for your care were negligent in their treatment during your pregnancy, you may be entitled to make a stillbirth compensation claim.
Why would I make a stillbirth compensation claim?
We understand that when you’ve lost your child, the last thing on your mind will be making a claim for compensation. However, many people who make compensation claims find it can help as:
It can help them find out exactly what happened – what mistakes were made and why
We can seek an apology from those responsible
It can help to fund much needed therapy for the family, such as counselling, following this traumatic event
We understand just how traumatic it can be to suffer a stillbirth. Whenever you are ready to speak to one of our medical negligence solicitors, we’re here to support you and will provide the empathy, advice and guidance needed at this difficult time. We’ll take it a step at a time, at a pace you are comfortable with, and will be on hand whenever you need us.
Will I have to attend court or an inquest as part of a stillbirth negligence claim?
Currently, coroners in England, Wales and Scotland do not have jurisdiction to investigate the stillbirths. This is because under current law, there has to have been an ‘independent life’ before a coroner can launch an inquest under their own jurisdiction. A stillbirth is defined as an absence of life before birth, meaning there has not been an independent life.
However, it is possible for your solicitor to request a formal inquest on your behalf. In this case, you may be required to attend the inquest as a witness, though in some circumstances you may be able to provide a written statement instead.
It is also unlikely that you will be required to attend court. Most cases will settle before claims progress as far as court, though this can happen if a settlement cannot be agreed without a judge. We understand that it can be incredibly daunting to go before a judge, which is why our solicitors will be on hand throughout the process to support and guide you at every step, including helping you to prepare and negotiating on your behalf.
My husband and I have been beyond satisfied with the service and help / advice given through the claim process from Emma. After facing a traumatic experience, the team have helped in getting compensation and holding the relevant people accountable for their actions, and it cost me £0. The communication, openness and transparency through the process was really above and beyond; always willing to explain areas that we didn’t understand.
Client testimonial (Emma Doughty)
The entire process was managed in a sensitive and compassionate manner. I felt comfortable discussing personal information with staff, thanks to their open and kind nature. Thanks to John and his colleagues at Slater Gordon, my future is much more secure. I cannot that them enough or recommend them more.
Client testimonial (for John Doyle)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
What is covered by a stillbirth compensation claim?
As well as claiming compensation for pain and suffering, we’ll also include as part of your claim the cost of any therapy for the family, such as counselling, any lost earnings if you’re had to have time off work, and any other expenses you’ve incurred as a result of the negligence.
For more information about bringing a claim for medical negligence, read our Medical Negligence FAQs page and our Medical Negligence Claims Guide.
Why should I choose Slater and Gordon?
At Slater and Gordon, our expert medical negligence team is one of the best in the country, and our solicitors have many years’ experience in handling a range of cases, from the straightforward to the complex. We know the impact that stillbirth can have on you and your family, particularly if you believe that medical negligence is to blame, and work hard to ensure you get the answers and the compensation you deserve.
Our industry-leading team are consistently ranked highly in independent legal directories, such as Chambers and Partners, and the Legal 500, and are proud to have helped numerous clients achieve the compensation they deserve. As well as expert lawyers specialising in the field of medical negligence, we also have trained nurses and midwives on our team with the knowledge and expertise to provide the best service possible for our clients.
Can I make a stillbirth negligence claim against the NHS?
Yes, you can. No matter where you received your treatment – whether through the NHS or privately – all medical professionals have a duty of care to their patients. Where this duty has been breached, and has resulted in a stillbirth, you are entitled to make a claim to get the answers and the compensation you deserve.
To learn more about making a stillbirth claim against the NHS, you can speak to one of our specialist medical negligence solicitors by calling 0330 041 5869 or contacting us online.
How much will it cost to make a stillbirth compensation claim?
If you’ve made the decision to make a stillbirth negligence claim, the last thing you should have to worry about is how to fund it. The vast majority of the claims we pursue are funded by a conditional fee agreement, also known as No Win No Fee. It means that you are not required to pay any upfront fees, and there is no cost to you if you lose your case.
It is difficult to say how long your case will take to settle, as there are a number of factors that can contribute to the timeline. For instance, one of the first things we will aim to do is establish liability (that is, receiving an admittance of fault from the other side). Generally speaking, the quicker we are able to do so, the quicker we will be able to settle your claim, though this isn’t always the case.
When you are ready to start your claim, our medical negligence solicitors will be on hand to provide the support and guidance you need to ensure your claim is handled as quickly and efficiently as possible.
Can I make a stillbirth compensation claim on behalf of someone else?
It is possible to make a stillbirth compensation claim on behalf of a loved one in certain circumstances. For instance, you may be able to submit a claim if the person affected is not able to do so themselves, whether because of a physical or psychological injury.
If you are thinking about making a stillbirth claim on behalf of someone else, speak to our medical negligence solicitors for advice by calling 0330 041 5869 or contacting us online.
My husband and I have been beyond satisfied with the service and help / advice given through the claim process from Emma. After facing a traumatic experience, the team have helped in getting compensation and holding the relevant people accountable for their actions, and it cost me £0. The communication, openness and transparency through the process was really above and beyond; always willing to explain areas that we didn’t understand. Client testimonial (Emma Doughty)
The entire process was managed in a sensitive and compassionate manner. I felt comfortable discussing personal information with staff, thanks to their open and kind nature. Thanks to John and his colleagues at Slater Gordon, my future is much more secure. I cannot that them enough or recommend them more. Client testimonial (for John Doyle)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)