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A stillbirth is when a baby is born dead after 24 completed weeks of pregnancy. Unfortunately, it is reported that stillbirths occur in around 1 in every 200 births in England.
Stillbirths are a tragic and traumatic event for the bereaved family. This is even more so in the case where there is medical evidence that shows that the baby would have survived if not for the negligence of a medical professional.
Examples of medical negligence may include, but are not limited to:
Once negligence is established, the question turns to the compensation. Below is a non-exhaustive list of the types of compensation which we frequently come across in the stillbirth cases we have handled.
This type of compensation is meant to reflect the pain and suffering caused by a stillbirth, which can include the following:
The trauma of the stillbirth itself suffered by the mother.
Psychiatric injury suffered by the mother (for example: post-traumatic stress disorder, adjustment disorder, bereavement disorder, depressive disorder, grief disorder, anxiety disorder). The actual compensation award will depend on a number of factors including, but not limited to, the severity and length of the psychiatric injury, residual symptoms and the risk of relapse upon certain major life events such as another pregnancy.
The loss of satisfaction of bringing the pregnancy to a successful conclusion. There are cases which suggest that £5,000 is an appropriate award.
The trauma of the mother having to go through an additional pregnancy/labour/birth because of the stillbirth.
Although the above compensation can be difficult to quantify, a solicitor experienced in medical negligence claims will be able to advise you on what your appropriate compensation should be based on the relevant case law and court guidelines.
This type of compensation is not explicitly provided for by statute, unlike other claims involving a loved one who has passed away due to medical negligence, however there is substantial case law that supports the recovery of compensation in stillbirth claims for an equivalent award.
This type of compensation is meant to cover the financial losses that were caused as a result of the stillbirth.
The types of financial losses that we would investigate and calculate on behalf of our clients would include but are not limited to the following:
Calculating financial losses you may have suffered from a stillbirth claim can be challenging, particularly for loss of earnings. A solicitor experienced in medical negligence claims will have the expertise assisting you to calculate your financial losses based on the methodologies accepted by the court.
If you’ve experienced the heartbreak of a stillbirth and believe medical negligence may be to blame, you don’t have to face this journey alone. Our compassionate and experienced legal team specialises in stillbirth medical negligence claims, helping families like yours find answers, accountability, and the compensation you deserve.
Contact us on 0161 696 6165 or complete our online enquiry form and a member team will contact you directly. We’ll guide you through the process with care and expertise, so you can focus on healing while we fight for justice on your behalf.
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