Neonatal Death Claims
Neonatal deaths are devastating, no matter the circumstances, but knowing that an instance of negligence was the cause can make the situation even more difficult to cope with.
We know that no amount of compensation will ever make up for the loss of your child. Making a claim for negligent neonatal death help you find answers about what happened, cover any medical and mental health support costs, and replace any lost income following a neonatal death. Our specialist solicitors can support you with the process of making a claim after experiencing the loss of a loved child, allowing you to secure a positive outcome for you and your family.
What is classed as a neonatal death?
A neonatal death occurs when a baby is born alive, but sadly dies within 28 days of delivery. Regardless of the cause of the death, if it occurs within this timeframe, it will be considered a neonatal death.
Neonatal deaths could be the result of natural causes which are unavoidable, or, in some cases, they could occur or be exacerbated by instances of medical negligence.
Medical negligence neonatal deaths could involve medical staff failing to identify that a baby’s life was at risk, providing incorrect medication, carrying out the wrong procedure or misdiagnosing a condition.
What is the process for making a neonatal death claim?
Find out if you have grounds to make a claim
While every neonatal death is a tragic event, medical negligence is not always the cause. It is therefore important to clearly establish the facts of the matter and whether you have realistic grounds for a claim before taking the case any further. It is strongly recommended that you speak with a reputable and specialist solicitor to discuss your claim in detail.
At Minton Morrill, we will always be open and transparent about your chances of making a claim. Our team will only advise you to move forward if we truly believe that your claim will be successful.
Funding your neonatal death negligence claim
We offer a no win, no fee funding arrangement. This is more formally referred to as a Conditional Fee Agreement. With no win, no fee agreements, our fees will only be payable if we are successful in claiming compensation on your behalf.
You will not be required to pay any fees upfront, and if your claim is unsuccessful for any reason, you will not pay us anything.
Gathering evidence to support your claim
For a neonatal death claim to be successful, it is important to gather the right type of evidence. This will likely include medical records, witness statements and reports from independent medical experts.
Working out how much compensation may be owed
Securing the maximum possible compensation for a neonatal death claim is a key consideration in every case. This can help to ensure that you receive the very best support to deal with the impact of losing your child.
Our solicitors are highly skilled and will carefully assess the impact that a neonatal death has had on you and your family, so that we can be certain nothing is overlooked.
This process is often referred to as ‘assessing quantum of damages’ or just ‘assessing quantum’.
Settling a neonatal death claim out of court is usually possible and for you, this can be highly desirable. Doing so can ensure that you are able to access the maximum compensation for your case much sooner while also allowing your claim to be resolved faster, with lower legal fees and less stress.
While our solicitors will always attempt to reach a suitable settlement out of court, it may be necessary to pursue a case through the courts. This might be because both parties are unable tp reach a settlement (i.e. both parties have competing views on a particular issue which cannot be resolved until the matter goes through the court process). If this unlikely event occurs, we will provide close personal support at every stage of the proceedings, while providing you robust representation.
Common questions about neonatal death claims
What is the difference between foetal death and neonatal death?
The sole difference between foetal deaths and neonatal deaths is the point at which the death occurs. Foetal deaths refer to the death of a foetus at any time during pregnancy. Foetal deaths that occur later in pregnancy are also referred to as stillbirths. Neonatal deaths occur when a baby is born alive, but sadly dies within 28 days of delivery.
What are the conditions to prove negligence?
Healthcare providers have a duty of care towards their patients, which means they are required to use their skills and training to protect and safeguard patients’ health and wellbeing.
If errors are made that result in a breach of this duty, and harm is caused or has materially contributed to an injury to a patient, this will be deemed as negligence.
Proving that negligence has taken place will usually mean relying on evidence such as:
- Medical records
- Witness statements
- Independent opinions from medical experts
- Records of expenses to demonstrate financial losses
How much compensation can you receive for a neonatal death?
There is no exact figure payable for neonatal death claims. The amount of compensation you could receive will depend on your individual circumstances and how the incident has affected you and your family.
You will often be able to make a claim based on the financial losses you have experienced (such as any lost income caused by time taken off work), as well as paying for additional support such as mental health care.
How long do neonatal death claims take?
The time it takes for a neonatal death claim to conclude will depend on a range of factors, which means that there is no set timeframe.
Generally speaking, the process will be faster if the healthcare provider responsible for the negligence is willing to agree on a settlement. If court proceedings are required, the process can take much longer.
Neonatal death claims can take anywhere from months to several years to resolve, so we will always be realistic about the potential timeframes that are likely to apply in your case.
How long do I have to make a neonatal death claim?
It is important to note that there are strict time limits in place for making neonatal death claims.
You will normally have three years to pursue a neonatal death claim. This time limit is counted from the ‘date of knowledge’, which is the date that you were first aware that medical negligence was a factor in your child’s death.
The way this time limit is applied is not always straightforward or consistent, so it is important to discuss this issue with our specialist neonatal solicitors as soon as possible.
At Minton Morrill, we want to ensure that the claims process is as straightforward as possible. We can offer you:
- A free initial consultation to discuss your claim
- Close, personal support from a team who cares about you and your family
- specialist expert knowledge and experience
- A track record of millions of pounds in compensation secured for our clients
- No win, no fee funding (so you don’t have to worry about costs)
- Specialist lawyers who hold a clinical negligence accreditation by the Law Society
- Specialist lawyers who hold the gold standard AVMA clinical negligence accreditation
- Specialist solicitors with high rankings in leading client guides the Legal 500 and Chambers & Partners
- Reassurance with our skills in alternative dispute resolution. This means that most claims we handle are settled out of court.
Book a free consultation with our neonatal death solicitors
To arrange a free consultation with our neonatal death solicitors, please call 0113 245 8549 or use our simple online enquiry form and we will get back to you within 48 hours.