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Stillbirth

If you or a member of your family have received sub-standard care during a pregnancy or birth, and this negligence led to a stillbirth, our specialist clinical negligence lawyers may be able to help you claim compensation. Contact The Legal Line today on 0800 0328511 or by completing an online claim enquiry form for expert advice.

What is Stillbirth?
What Causes Stillbirth?
Who Can Make a Clinical Negligence Claim?
Stillbirth Compensation
Our Specialist Clinical Negligence Lawyers

What is Stillbirth?

The term stillbirth refers to babies born dead after 24 or more weeks of the gestation period have been completed.

It may be that the baby has died prior to the onset of labour (known as intra-uterine death) or during the birth (known as intra-partum death).

The Stillbirth and Neonatal Death Charity (SANDS) can provide support and information to bereaved parents and their relatives.

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What Causes Stillbirth?

In a large percentage of cases, the cause of a stillbirth remains uncertain and may not even be detected by a post mortem examination. There are some known causes however, including:

• Congenital abnormalities – physical or genetic birth defects in the baby that prevent them from developing fully
• Problems with the placenta – which can affect the blood supply to the baby
• Infections – such as German measles or listeriosis
• Pre-eclampsia – a pregnancy disorder that can pose a risk to both mother and baby
• Rhesus factor disease – a condition where the blood types of the mother and baby are incompatible
• Maternal diabetes or high blood pressure
• Prematurity – very premature babies may not be strong enough to cope with labour
• Birth trauma – for example complications that lead to a disruption of the oxygen supply to the baby

Although the number of stillbirths in the UK has steadily fallen over recent years, there are still around 3,500 each year. Many stillbirths could not be prevented, however there are rare occasions when an oversight or incorrect treatment on the part of medical staff are the cause.

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Who Can Make a Clinical Negligence Claim?

If it can be proven that the care received during pregnancy or birth was sub-standard, and that this caused the stillbirth, a clinical negligence compensation claim may be possible.

Clinical negligence cases can be both lengthy and complicated. The sympathetic support and assistance of an experienced personal injury lawyer is invaluable at such a difficult time. The Legal Line lawyers are specialists in all aspects of clinical negligence and can provide expert claim advice at all stages of your case.

In every case, medical evidence will be required and it is necessary to show that the person or organisation you are making a claim against owed you a duty of care, that they breached that duty of care (what is known in law as negligent), and that the injury sustained was a reasonably foreseeable consequence of that negligence. Your lawyer will be able to collate all of the necessary information and evidence in order to pursue your claim to the best possible conclusion.

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Stillbirth Compensation

There are two elements to a compensation award.

The first, called general damages, is for the pain and suffering you may have gone through and any psychiatric consequences of the stillbirth.

Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the stillbirth had not occurred. For example this may include any loss of earnings if an extended absence from work is necessary. It is important to keep receipts for any related expenditure so that these can be reclaimed.

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Our Specialist Clinical Negligence Lawyers

The Legal Line lawyers have extensive experience in recovering compensation for victims of clinical negligence, including cases involving birth injuries and stillbirths. They can provide expert claim advice on all areas of making a claim and offer the assistance and guidance that you need.

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