Stillbirth Compensation Claims

When is a stillbirth caused by negligence?

A stillbirth is when a baby dies in the womb after 24 weeks of pregnancy. Stillbirths are devastating for parents and it is entirely natural that they will want answers as to how it could happen. Stillbirth cases often happen because the mother has diabetes or high blood pressure. In these cases it is likely that no one is at fault and it is just an unavoidable tragedy. Our stillbirth claim solicitors can help you pursue your claim if you believe medical negligence to the death of a baby. 

Stillbirth can also occur due to lack of oxygen or infection. In these cases parent’s will want to know the circumstances surrounding this. There are a wide variety of things that could have went wrong, either during the delivery or throughout the pregnancy. This may include, for example, a failure to diagnose irregular symptoms in the mother or treat appropriately.

A neonatal death is when a baby dies within 28 days of birth. Neonatal death can also occur naturally. However, they can also be caused by negligence before, during or after birth such as infection, high blood pressure and placental abruption.

Stillbirths will often be investigated by way of a Coroners inquest. This is a very useful way to establish the facts of what happened and confirm whether or the death was avoidable or not. While a Coroner’s inquest will not establish negligence against a medical practitioner, it is still often an effective remedy for families to gain some insight in to the circumstances of the stillbirth.

Can I make a medical negligence claim following a stillbirth?

medical negligence claim can also be initiated following, or in conjunction with, a Coroner’s inquest. The findings of the inquest will often inform the facts of the negligence case and can assist in establishing liability against a hospital or health care trust. If it is established that the stillbirth was the result of negligence the family will be entitled to be compensated for their loss.

No amount of compensation can alleviate the pain and trauma caused by a stillbirth. However, our specialised healthcare solicitors aim to ensure that the grief of the expecting parents is not compounded by financial hardship.

The amount of compensation that can be awarded for stillbirth claims will differ on a case by case basis. Factors that are taken in to account with a stillbirth compensation claim often include funeral expenses, loss of earnings for parents, future loss of earnings, travel costs and emotional pain/suffering caused.

Expert stillbirth solicitors

We have a strong reputation as expert medical negligence solicitors. Our healthcare team regularly represent clients in stillbirth cases in relation to Coroner’s inquests and medical negligence claims.

Our expert solicitors work in conjunction with highly specialised medical experts and barristers when preparing a stillbirth case for an inquest or medical negligence claim.

It is difficult to conceive of a more challenging experience than losing a child from a stillbirth. We understand that this can cause uncertainty and stress for parents who do not know what has happened and are seeking answers.

Our goal is to ultimately assist families in establishing the facts of what happened and ensuring they are able to recover any losses they may have suffered as a result of the stillbirth.

What is the time limit for making a stillbirth claim?

The Statute of Limitations for pursuing a stillbirth or neonatal death claim is generally three years from the date the negligence occurred.

Medical negligence stillbirth cases are often taken following a Coroner’s inquest. In these circumstances, a standstill agreement can be agreed with the proposed defendants on the negligence case whereby it is agreed that the medical negligence proceedings will not commence until after the conclusion of the Inquest.

It is often the case that the findings of an Inquest can raise concerns about the actions of medical practitioners. This may be the first time the family have become aware that the stillbirth was potentially the result of medical negligence. In these circumstances, a medical negligence claim can be brought within years of the Inquest’s findings – this is known as the date of knowledge.

Not all stillbirths are preventable, but regular check-ups during pregnancy can help spot symptoms early and keep babies alive and healthy.

Making a stillbirth compensation claim can help you find out what mistakes were made and why. Our medical negligence solicitors will provide legal advice in a sympathetic and caring manner.

Your stillbirth compensation  claim is about helping you and your family recover from this traumatic event and help provide closure.

Our role is to help reveal the chain of events which led to a baby’s death, get clear answers as to why the precious life was lost and  hold those responsible to account.

Your compensation settlement can cover the cost of therapy, lost wages from time off work, and other related expenses.

We understand how difficult it can be to relive such a traumatic event, which is why our friendly and compassionate solicitors will strive make your claim as easy as possible. You’ll get regular updates during the duration of the  process

Speak to our expert stillbirth compensation claims solicitors in Dungannon , Belfast and Dublin.

What legal action can be taken for stillbirth?

You can make a stillbirth compensation claim against the hospital trust responsible for the death of your baby due to negligent treatment. Our expert solicitors can advise you in caring manner and let you know if you were provided with an acceptable standard of care.

NHS compensation payouts in 2021/22 amounted to £2.4 billion. This is an increase on the previous year’s figure of £2.2 billion.

Do stillbirth compensation claims settle out of court? 

Yes, most medical negligence claims are settled by negotiation, meaning you are highly unlikely to have the stress of a court case.


For a free initial consultation with one of our stillbirth negligence compensation expert solicitors, call us on 028 8772 2102 (UK) or 01 533 7860 (IE). We will talk through what has happened and discuss the process of bringing a stillbirth compensation claim. We can also answer any questions you may have.

Alternatively, you can fill in our online Contact Form and we will ring you.

Stillbirth Compensation Claims was last modified: May 12th, 2023 by Conal McGarrity