How Much Compensation Can I Claim For Stillbirth Medical Negligence?
By Stephen Hudson. Last Updated 5th January 2024. Welcome to our guide on stillbirth negligence claims. For any expecting parents, suffering a stillbirth can be one of the most heartbreaking and distressing experiences to go through. While making a stillbirth compensation claim will not take back what has happened, it can ensure you are compensated for any wrongdoings that have taken place that caused you to lose a child. For example, if the midwife looking after you and your baby did not conduct the correct scans or failed to pick up on any signals that something was wrong with your baby, they may be responsible for the suffering you have been subjected to.
At Legal Expert, we have many years of experience helping parents get the compensation they deserve for the stillbirth they have suffered. We have an exceptional track record when it comes to successfully winning stillbirth negligence claims. And we pride ourselves on putting our customers first, and we always act with the highest levels of confidentiality. Find out more about making a stillbirth compensation claim below, or call us on 0800 073 8804 for more information.
Stillbirth negligence claims guide
Select a Section
- Stillbirth Caused By Medical Negligence – When Could You Claim?
- Support For Parents Who Have Suffered A Stillbirth
- Stillbirth Compensation Claims – Examples Of Evidence You Can Gather
- Stillbirth Settlements – Examples Of Compensation
- Claim With Medical Negligence Solicitors On A No Win No Fee Basis
- Helpful Links
Stillbirth Caused By Medical Negligence – When Could You Claim?
All types of medical professionals owe their patients a duty of care. This includes doctors, nurses and GPs. The duty also extends to various medical environments, including hospitals and GP surgeries. Per their duty of care, they must ensure that they provide you with the correct standard of care. Should they fail to do this, you could suffer unnecessary harm.
For them to be valid, all stillbirth compensation claims must meet the following eligibility criteria:
- A medical professional must have owed you a duty of care.
- They breached this duty.
- This breach contributed to the stillbirth occurring and you suffering harm that could have been avoided.
To learn more about stillbirth claims and potential stillbirth settlements, read on or contact our advisors today for free advice.
Time Limits For Stillbirth Compensation Claims
There is a time limit in place for beginning a medical negligence claim. This time limit is set out by the Limitation Act 1980, which states that you will generally have three years to start proceedings on your claim. This either runs from the date you were unnecessarily harmed or when you became aware of the medical negligence.
Certain exceptions also apply to claims being made for children and those lacking the mental capacity.
To learn what these exceptions are, or to check whether you are within the time limit, you can contact our advisors.
Support For Parents Who Have Suffered A Stillbirth
Several organisations provide support for parents who have suffered a stillbirth. This includes the following:
- MASS Miscarriage and Stillborn Support – MASS works to relieve the emotional distress and suffering that parents experience through the loss of a baby due to stillbirth and miscarriages.
- The Lily Mae Foundation – This charity supports parents and families that have traumatically and tragically lost a baby to neonatal death or stillbirth.
- Sands (Stillbirth & Neonatal Death Charity) – Sands is a charity that provides support throughout the United Kingdom for anyone that the death of a baby has impacted. Sands promote research to reduce the loss of babies’ lives and work to improve the care that bereaved parents receive.
- Abigail’s Footsteps – This charity helps families and midwives cope better with neonatal death and stillbirths. Abigail’s Footsteps is an actionable, influential, and powerful charity that makes a demonstrable difference in people’s lives.
- Tommy’s – Tommy’s is the biggest charity in the UK for funding research into premature birth, stillbirth, and miscarriage. Tommy’s provide information for parents-to-be to assist them so they have a healthy pregnancy and baby.
- Life After Loss – This charity provides information and support for anyone who has experienced the loss of a baby during any stage of their pregnancy.
- Cariad Angel Gowns – Cariad Angel Gowns is a unique charity that takes donated wedding gowns and transforms them into Angel burial memory packs and outfits for those who have suffered a baby lass through neonatal loss stillbirth, ectopic, or miscarriage.
For a closer look at stillbirth negligence claims cases, please read on to our next section.
Stillbirth Compensation Claims – Examples Of Evidence You Can Gather
When making a medical negligence claim for a stillbirth, you will need to provide evidence that a medical professional breached their duty of care and that this caused the stillbirth.
Some examples of the evidence that could be used to help support stillbirth negligence claims include:
- A copy of your medical records stating your pregnancy and any complications you suffered following the stillbirth.
- The findings of any investigation carried out by the hospital.
- A post-mortem confirming the cause of death.
- Evidence of any financial losses you have suffered due to the stillbirth.
If you choose to get support from a solicitor, then they can assist with the process of gathering evidence. For more advice on stillbirth compensation claims and collecting evidence, contact our advisors for free today.
Stillbirth Settlements – Examples Of Compensation
If medical negligence has caused an instance of a child being stillborn, compensation could be owed to you for the physical or mental suffering you’ve endured. The head of claim that legal professionals calculate for this is known as general damages. To value general damages, those responsible for doing so will often consult helpful sources such as a psychological evaluation and medical reports. In addition, there is also a publication called the Judicial College Guidelines (JCG).
Last updated in 2022, the JCG contains figures that are based on past court cases for various physical and mental injuries. You can find some example entries in the table below. However, you will need to get in touch with our advisors for a more personalised valuation. Your own claim will be unique in its value, and is based on your level of pain and suffering, amongst other factors. Get in touch with our advisors today to find out how your stillborn compensation amount in the UK could be valued.
| Reason for claiming compensation | Typical compensation amount | Comments |
|---|---|---|
| Multiple Psychiatric Or Physical Injuries + Special Damages | Up to £200,000+ | Multiple injuries, either physical or psychological, or a combination of both, alongside substantial financial losses such as lost earnings. |
| Severe psychiatric damage | £54,830 to £115,730 | In the most severe cases, the prognosis will be very poor. The person will also be suffering from a number of symptoms. For example, the stillbirth will have had a very negative impact on their relationships with friends and family, and they will be struggling to cope with work and life. There will also be a high level of future vulnerability, and it is unlikely that treatment would be very successful. |
| Moderately severe psychiatric damage | £19,070 to £54,830 | For these cases, the prognosis will not be great. However, it will be a lot more optimistic than the severe category mentioned above. The same applies for the symptoms mentioned. |
| Moderate psychiatric damage | £5,860 to £19,070 | For this category, the prognosis will be good. While there will be some of the symptoms that have been mentioned above, by the time the trial comes, there will be significant improvement. |
| Post-traumatic stress disorder- Severe | £59,860 to £100,670 | In these cases, the injured person will be unable to work and all aspects of their life will be badly affected |
| Post-traumatic stress disorder- Moderately severe | £23,150 to £59,860 | Although there will be a better prognosis than in cases of severe PTSD, there will still be significant disability for the foreseeable future. |
| Post-traumatic stress disorder- Moderate | £8,180 to £23,150 | In these cases a large recovery will have been made and any continuing symptoms will not be grossly disabling. |
Other settlement examples for a stillbirth in the UK
The other head of claim that you could claim is known as special damages. This is when you could be reimbursed for the financial impact caused by experiencing a stillbirth caused by medical negligence.
For example, you may be unable to return to work and therefore lose out on earnings. If so, then you could present evidence such as payslips and get back the income you would have earned during this period.
For more examples of special damages, get in touch with our advisors today.
Claim With Medical Negligence Solicitors On A No Win No Fee Basis
If you have suffered a stillbirth as a result of medical negligence, our specialist solicitors are here to help.
One of our solicitors could help you make a claim for a stillbirth or neonatal death caused by negligent treatment on a No Win No Fee basis under the terms of a Conditional Fee Agreement (CFA). This means that they can guide you through the legal process without taking any upfront payment for their work or as your claim is in progress. Similarly, if your stillbirth claim doesn’t succeed, then you won’t pay your solicitor for their work on the case.
If your stillbirth negligence claim succeeds, your medical negligence solicitor will take a success fee. They’ll deduct this directly from your compensation as a percentage, though this percentage is subject to a legislative cap.
Contact Us
Our team of advisors are here to help. They can offer more detailed information on how to make a medical negligence claim, and can provide further information on working with a solicitor. To get started:
- Call us on 0800 073 8804
- Contact us online
- Use the live chat feature
Helpful links
- How To Make A Claim Against A Hospital
- The process of claiming against a hospital following medical negligence can be a daunting one. Read our guide for all the information you need about this kind of claim.
- Our Guide – No Win No Fee
- This link reveals more about our No Win No Fee service, which you will experience when you make a stillbirth compensation claim through our service. Find out about various types of claims and details on how much a No Win No Fee solicitor takes and why to choose our No Win No Fee service.
- NHS Stillbirth Support Page
- This takes you to the NHS support page for stillbirths. You will find information on the various support groups available and details on the cause, prevention, and much more.
- GOV – To register a stillbirth
- If you need to register a stillbirth, you will find all of the necessary information on this page. A stillbirth must register within 42 days at a registry office. The UK Government website provides details on who can register a stillbirth and how to go about it. Please note that if you live in Scotland, you only have 21 days.
- How Much Compensation Can I Claim For Medical Negligence?
- Find out the compensation amounts you could claim for medical negligence and get free legal advice.
Thank you for reading our guide on stillbirth negligence claims.
