Stillbirth Compensation Claims

Stillbirth is one of the most difficult things a family can go through; and knowing that the cause of losing a much loved baby may have been due to medical negligence, can be exceptionally hard to cope with.  Having the right support can help you to process and understand what happened. Going through the legal process, can be long and onerous but our experts will be there for you by your side, taking you through each step of the legal process. the

We understand this is an exceptionally difficult and emotive time for you and family.  No amount of compensation can ever make up for the loss of a child. Obtaining a successful outcome in the form of compensation can be used to cover medical and mental health support costs, as well as replacing lost income and other financial hardships you may have experienced following a stillbirth.

At Minton Morrill, we want to avoid any additional distress for you when pursuing a claim for stillbirth negligence. 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
• Decades of specialist expertise
• 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 stillbirth claims solicitors

To arrange a free consultation with our stillbirth negligence solicitors, please call 0113 345 2395 or use our simple online enquiry form and we will get back to you within 48 hours.

What is stillbirth negligence?

Stillbirth negligence is where failings in the medical care received by the mother and unborn child, directly led to, or contributed to, the baby’s death; which could otherwise have been avoided.

This negligence could involve medical staff failing to notice, or failing to properly react to signs that the baby’s life was at risk; meaning that opportunities to prevent a stillbirth were missed. It could also involve situations where medical staff gave the wrong medication, performed the wrong procedure, or otherwise carried out actions that caused the stillbirth.

What is the process for making a stillbirth compensation claim?

Find out if you have grounds for a claim

While all stillbirths are tragedies, not all are due to medical negligence, so it is important to contact a reputable stillbirth injury claims specialist to discuss your case and find out whether you may be able to claim compensation.

At Minton Morrill, we will always be completely honest and upfront about your chances of success. We would never want to mislead people about the likelihood of a successful claim and will only advise moving forward if we truly believe you have a realistic prospect of success. If you are able to establish a successful claim, then the only thing we can guarantee is money, more commonly referred to in medical negligence claims as compensation.

Funding your stillbirth negligence claim

We fund stillbirth compensation claims on a no win, no fee basis, which is also known as a ‘Conditional Fee Agreement’. This means that our fees are only payable if we succeed in getting compensation for you. There is nothing to pay upfront and, if your claim does not succeed, you will not pay us anything.

Learn more about your options for pursuing and funding claims.

Gathering evidence to support your claim

We will look at various types of evidence to make sure your claim is as strong as possible. This includes medical records, witness statements and opinions from independent medical experts.

Working out how much compensation may be owed

It is important to make sure you get the maximum compensation possible, so that you can get the very best support to deal with the impact of losing your child. Our team is highly skilled at evaluating all of the ways a stillbirth has impacted a family’s life, so we can ensure nothing is overlooked. This process is sometimes called ‘assessing quantum of damages’ or ‘assessing quantum’.

Settlement negotiations

In almost all cases, it will be possible to negotiate a settlement with the healthcare provider responsible for your child’s death. This can ensure that you get the maximum compensation available while allowing you to avoid the stress and uncertainty of court proceedings. It can also allow your claim to be resolved faster and with lower legal fees.

Court proceedings

In the unfortunate event that a suitable settlement cannot be agreed, it may be necessary to pursue your case through the courts. Please be assured that, should this unlikely eventuality occur, we will provide close personal support at every stage, while also guaranteeing you robust representation.

Common questions about stillbirth negligence claims

What is negligence in pregnancy?

Medical negligence in pregnancy relates to a failure by a healthcare provider to give appropriate care to a mother and unborn child.

Essentially, healthcare providers such as doctors, nurses and midwives have a duty of care to use their training, skills and experience to safeguard patients’ health and wellbeing. Where clinical staff make errors which breach that duty of care, and an expectant mother or unborn child suffer harm as a result, this is likely to be deemed negligence.

Can you sue for stillbirth?

If you can prove that a stillbirth was caused by medical negligence, or could have been avoided if medical negligence had not occurred, then you will likely be entitled to make a compensation claim. You should seek expert advice on this to make sure you are clear about your right to claim and what the process involves.

How long do I have to make a stillbirth compensation claim?

You will normally have three years to pursue a stillbirth compensation claim. This is counted from the ‘date of knowledge’, which is the date on which you were aware that medical negligence may have been a factor in your child’s death. How this time limit is applied is not always straightforward to understand, as it is highly dependent on the circumstances; so this is something you should discuss with specialist stillbirth negligence solicitors.

How long do stillbirth compensation claims take?

There is no simple answer to this question as it will entirely depend on your individual case. Generally, it will be possible to secure compensation faster if the healthcare provider responsible is willing to agree a settlement as opposed to them being unwilling to agree to a settlement and then you having to go through the court proceedings.

A typical stillbirth negligence claim can take anywhere from months to several years to resolve, so it is important to be realistic about the potential timeframes involved.

How much compensation could you get for stillbirth negligence?

The exact amount of compensation available for stillbirth negligence will vary from case to case as it depends on how the stillbirth has affected your family. You may be able to claim for any financial losses you have experienced (e.g. lost income if you have had to take time off work) as well as paying for support, such as mental health care for the psychological impact of losing your child.

Book a free consultation with our stillbirth claims solicitors

To arrange a free consultation with our stillbirth negligence solicitors, please call 0113 345 2395 or use our simple online enquiry form and we will get back to you within 48 hours.