By Cat Way. Updated 2nd October 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.
Select a Section
- How Much Compensation For Stillbirth Negligence Claims?
- Stillbirth Caused By Medical Negligence – When Could You Claim?
- Stillbirth Negligence Claims – Examples Of Evidence You Can Gather
- Claim With Medical Negligence Solicitors On A No Win No Fee Basis
- Helpful Links
How Much Compensation For Stillbirth Negligence Claims?
No two stillbirth settlements are the same because the compensation depends on each case’s unique circumstances.
All stillbirth negligence claims will feature a general damages payment. This payment accounts for the physical and mental impact of negligent care. Factors that could influence the amount awarded include:
- How severe your injury or distress is.
- The projected long-term impact on your life.
- Loss of amenity, which refers to an inability to do things you could do before negligence occurred.
An independent medical assessment could determine the extent of your pain and suffering. This could then be used to help calculate a general damages payment. The Judicial College Guidelines (JCG), a document made up of compensation figures in guide brackets, can also help those who determine a stillbirth compensation amount in the UK.
Guideline Compensation Table
We have created the table you see below using JCG brackets. Only the top line isn’t from the document. While it is a useful insight into what could be awarded in stillbirth compensation claims, remember that all claims are different and the figures you see are not guaranteed.
| Injury | Severity of injury | Guideline compensation amount |
|---|---|---|
| Multiple types of serious harm with their financial losses | Serious | Up to £300,000+ |
| Psychiatric damage | Severe (a) | £66,920 to £141,240 |
| Moderately severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less severe (d) | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 |
| Moderately severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less severe (d) | £4,820 to £9,980 |
Other settlement examples for a stillbirth in the UK
Special damages is the head of loss which provides compensation for how you have been financially affected by medical negligence. Some financial losses you could be reimbursed for include:
- Counselling and therapy costs.
- Loss of earnings.
- Medication costs.
Unlike general damages, special damages are not always awarded in successful medical negligence claims. For this reason, keeping evidence of these financial losses is essential. So, you should keep any receipts, invoices, payslips, and bank statements that you can provide as proof.
To learn more about stillbirth settlements, please get in touch today.
Stillbirth Caused By Medical Negligence – When Could You Claim?
Sometimes, stillbirths happen without the negligence of a medical professional. Unfortunately, in these situations, you may not be able to make a claim. This is because you cannot make stillbirth negligence claims without being able to prove that medical negligence occurred.
This means that, in order to claim stillbirth settlements, claimants need to prove that:
- A duty of care was owed by a medical professional.
- This duty was breached.
- You suffered a stillbirth as a result.
All of these factors together form medical negligence.
You are immediately owed a duty of care by any medical professional that treats you. This means that they need to make sure that they don’t cause avoidable harm and that the care they provide meets a minimum standard.
Different professions will have different standards and steps expected of them. For example, a midwife will be expected to take different steps than a general surgeon, but they must both make sure that they don’t cause unnecessary harm.
To find out if you could be eligible to claim a stillbirth compensation amount, get in touch with our team of friendly and sensitive advisors for more information.
Time Limits For Stillbirth Compensation Claims
Under the Limitation Act 1980, you have a certain amount of time in which you are eligible to start a claim. After this period runs out, you will be unable to pursue compensation.
For medical negligence and stillbirth compensation claims, this is generally three years. This begins on the day that the stillbirth occurred or the day that you connect it with medical negligence and lasts for three years. You don’t need to finish your claim within this time limit, you just need to begin proceedings.
However, there are some exceptions to this rule. For example, if the stillbirth happened while you were under the age of eighteen, then the time limit won’t start until your eighteenth birthday. If a litigation friend hasn’t made a claim on your behalf before then, you can start your claim between your eighteenth and twenty-first birthdays.
Likewise, a litigation friend can make a claim on behalf of someone who doesn’t have the mental capacity to make their own claim at any time. The time limit doesn’t apply in these cases, and only comes into force if the correct capacity is recovered and no claim has been made.
Contact our team to find out if you are within the time limit to claim compensation for a stillbirth, or keep reading to learn more.
Stillbirth Negligence 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.
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.
