Suffering a stillbirth is undoubtedly one of the hardest experiences someone should have to endure. If your stillbirth was brought on or worsened by substandard medical care, this can add a layer of anger and frustration to an already distressing experience. You may therefore wish to hold the responsible party to account and connect with a solicitor to determine how much compensation for stillbirth negligence you might be able to claim.
At How Much Compensation, our friendly advisory team is here to help you through this challenging time. They work to provide a fully personalised service by answering your questions, giving helpful advice, and assessing your eligibility to claim. Following this, you could be connected with one of the specialist No Win No Fee solicitors from our panel to start your case.
As experts in medical negligence claims, our panel of solicitors understand what is needed to provide the support their clients deserve. If you’re ready to explore your options or would like to see if you can start your claim today, please contact a member of our advisory team for assistance.
We are here to help you
Here at HowMuchCompensation.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free advice we can connect you to a specialist solicitor.
Jump To A Section
- How Much Compensation For Stillbirth Negligence Could I Claim?
- What Will Determine A Stillbirth Medical Negligence Compensation Amount?
- How Can Compensation Help After A Stillbirth?
- Who Is Able To Claim Stillbirth Compensation?
- How Might Medical Negligence Result In A Stillbirth Occurring?
- What Stillbirth Preventative Steps Can Be Taken?
- What Is The Process For Claiming Stillbirth Compensation?
- Get Help From How Much Compensation For Stillbirth Claims
- What Other Support Is Available After A Stillbirth?
- More Information
How Much Compensation For Stillbirth Negligence Could I Claim?
Typically, how much compensation for stillbirth negligence you could claim will depend on the unique nature of the psychological pain and distress you endured, as well as the financial losses that resulted from this. This harm is covered by general damages, which are always awarded in successful stillbirth negligence claims.
Legal professionals often calculate general damages using medical evidence and the Judicial College Guidelines (JCG). The JCG publication is widely used because it contains compensation guidelines for many types of harm.
All entries in the table below, apart from the first figure, are taken from the JCG. Please bear in mind that they are merely guidelines and do not guarantee how much compensation for stillbirth negligence you might be able to claim.
| Harm | Notes | Compensation Pay-out |
|---|---|---|
| Multiple forms of severe harm with financial losses | Special damages could account for lost earnings, medical expenses, and travel costs. | Up to £500,000+ |
| Severe Psychiatric Damage | Factors such as the prognosis period, effect on life, and whether help has been sought will be taken into account. | £66,920 to £141,240 |
| Moderately Severe Psychiatric Damage | Bracket often features cases involving psychiatric harm following a negligent stillbirth or a traumatic childbirth. | £23,270 to £66,920 |
| Moderate Psychiatric Damage | Cases with a good prognosis and a marked improvement by trial. | £7,150 to £23,270 |
| Less Severe Psychiatric Damage | The level of award will consider the time period of disability, as well as any effect on sleep and day-to-day activities. | £1,880 to £7,150 |
| Severe PTSD | Permanent effects preventing the person from working or functioning at the pre-trauma level. | £73,050 to £122,850 |
| Moderately Severe PTSD | A better recovery will occur with some professional help, but significant disability is likely for foreseeable future. | £28,250 to £73,050 |
| Moderate PTSD | Claimant largely recovered, with any continuing effects not being grossly disabling. | £9,980 to £28,250 |
| Less Severe PTSD | A full recovery within 1 to 2 years, with only minor symptoms persisting beyond this period. | £4,820 to £9,980 |
For a free compensation evaluation, please get in touch with one of our friendly advisors today.
What Will Determine A Stillbirth Medical Negligence Compensation Amount?
The severity of suffering, its impact on quality of life, and any consequent financial losses are some of the influential factors that will determine a stillbirth medical negligence compensation amount. General damages may also account for:
- The length of your recovery period
- Whether there will be permanent psychological damage
- How your ability to perform daily activities is affected
As such, each claim is calculated individually, factoring in the overall effect on your life.
To learn more about how general damages are calculated, please get in touch with our advisory team today.
How Can Compensation Help After A Stillbirth?
Compensation can help after a stillbirth by covering the financial impact of the harm you endured, such as lost wages and care costs, while also supporting your mental health needs over the short and long term.
Please see the following examples of special damages you could include in your claim:
- Loss of earnings, including current and future income, overtime pay, bonuses, and workplace benefits.
- Medical expenses, encompassing private medical treatments and prescriptions like antidepressants.
- Counselling and therapy, such as cognitive behavioural therapy.
- Care, whether provided by loved ones or professional support with nursing, cooking, and cleaning.
- Travel costs, such as fuel and public transport, incurred from getting to and from medical appointments.
Special damages can recover many other expenses, but it is important to remember that out-of-pocket costs are only claimable with supporting evidence. So, keep hold of relevant documents, such as payslips, bank statements, or receipts.
To learn about what factors may influence how much compensation for stillbirth negligence you could claim in relation to special damages, please get in touch today.
Who Is Able To Claim Stillbirth Compensation?
Anyone who has suffered the avoidable loss of a baby due to substandard care given by a medical professional during pregnancy, labour, or delivery may be able to claim stillbirth compensation. That involves fulfilling the following requirements:
- A duty of care was owed by a medical professional
- This duty of care was breached
- The breach resulted in you experiencing an avoidable stillbirth and otherwise unnecessary harm
This is known as the principle of negligence. The duty mentioned in the criteria above refers to the obligation of all healthcare professionals to provide a minimum standard of care when treating patients. As part of their duty, doctors and midwives must take patient symptoms seriously and make specialist referrals where appropriate.
If you’d like further guidance on medical negligence, please continue reading, as we discuss several examples in detail. To learn more about your eligibility to claim, you can also speak confidentially with one of our advisors today for a free assessment.
How Might Medical Negligence Result In A Stillbirth Occurring?
Medical negligence might result in a stillbirth occurring due to failures in monitoring, diagnosing, or intervening when necessary. Please see the following examples in greater detail, and how stillbirth compensation claims could arise as a result:
- A midwife fails to track foetal growth and movements due to inadequate monitoring, resulting in the healthcare professional missing the warning signs that something is wrong with the pregnancy. The lack of investigation and timely medical intervention leads to a stillbirth and the mother developing depression.
- A patient exhibits symptoms of serious pre-eclampsia, but the consultant doesn’t perform a blood pressure check during the examination. This leads them to misdiagnose the patient as suffering from exhaustion, delaying a diagnosis that results in serious harm to the mother and the foetus.
- A doctor prescribes a dangerous dose of the wrong medication to a pregnant mother after mixing up patient records. This causes serious nerve damage and the onset of a stillbirth.
- Hospital staff mismanage a patient who is identified as having a high-risk pregnancy by failing to ensure they are more closely monitored. This results in a stillbirth and the patient suffering long-term psychological damage in the form of PTSD.
- Despite signs of foetal distress, hospital staff fail to take timely action and do not inform the attending obstetrician about the situation. This delay in performing a necessary C-section causes a stillbirth.
It must be emphasised that the above list is not exhaustive, and stillbirth negligence can occur in many different scenarios. Moreover, not all instances of stillbirth are due to substandard care, as it can occur naturally even when the correct treatment is provided by medical staff.
If you’re interested in sharing your experience in confidence or are wondering how much compensation for stillbirth you may be able to claim, please contact our friendly advisory team today.
What Stillbirth Preventative Steps Can Be Taken?
Stillbirth preventative steps can be taken by both healthcare professionals and expectant mothers, including referring patients for further testing, acting on concerns and attending all appointments. Medical professionals can:
- Perform early checks and history assessments
- Conduct regular urine and blood pressure tests for high-risk mothers
- Monitor fetal growth, looking for any growth restrictions or warning signs
- Promptly identifying and treating infections with antibiotics to prevent worsening conditions
- Act on fetal concerns immediately
- Refer any high-risk mothers, such as those with diabetes or obesity, to specialists
- Implement staff training and awareness of the warning signs and risk factors of stillbirths
Whilst stillbirths are sometimes unavoidable, expectant mothers can also reduce their risks by:
- Reporting any concerns immediately, such as headaches, dizziness, or bleeding
- Attending all doctor and midwife appointments for monitoring
Every experience of stillbirth is unique, and one of our helpful advisors is here to listen to yours. So, please get in touch to discuss your situation and see if you can pursue a claim today.
What Is The Process For Claiming Stillbirth Compensation?
The process for claiming stillbirth compensation involves gathering essential evidence to strengthen your case, including medical records, and filing your case within the relevant time period. Most stillbirth negligence compensation claims need to be started within 3 years of either:
- The date on which the negligence happened
- The date you realised you experienced medical negligence
The Limitation Act 1980 does make exceptions to this 3-year rule, which you can learn about by reading our guide on the limitation period.
Furthermore, you must be able to demonstrate that you were avoidably harmed by negligent care. Our guide explains the types of evidence you may need to prove medical negligence, which can include:
- Maternity notes recording the antenatal care you received
- The findings of any coroner’s report or investigation following the stillbirth
- A copy of your medical records
- Contact details for friends, family, or staff who could provide witness statements to your solicitor
To learn more about the different kinds of evidence you could provide, please get in touch with our advisory team.
Get Help From How Much Compensation For Stillbirth Claims
Here at How Much Compensation, our friendly advisors work around the clock to provide empathetic, personalised support to those exploring the stillbirths claims process. Through their free services, they can offer a sensitive case evaluation.
Following this, you could be connected with one of the expert No Win No Fee solicitors from our panel. With decades of combined experience, our panel understand that genuine support can make all the difference during this difficult time. Moreover, working under a Conditional Fee Agreement (CFA), you can pursue compensation without being charged:
- Upfront solicitor service fees
- Ongoing service fees
- Any service fees for your solicitor’s work in the event that your claim is unsuccessful
You will pay a success fee to your solicitor if your stillbirth compensation claim wins. Please note that this fee is subtracted as a percentage of your compensation. However, the percentage is capped by law, so you’ll know you’ll get most of it.
If you’re connected with one of the dedicated solicitors from our panel, you can expect:
- Regular case updates so you’re never left wondering where it stands
- Explanations of key legal terminologies to give you a better understanding of the medical negligence claims process
- Help with evidence-gathering to prove that medical negligence occurred, such as obtaining your medical records
- Assistance with signing legal documents so you can stay focused on your own recovery
- An in-depth evaluation to give you an idea of how much compensation for stillbirth negligence you could claim
- Negotiating with the defendant to achieve a settlement that best reflects your pain and suffering
Contact Our Advisors
To learn how much compensation for stillbirth negligence you could receive, get in touch with one of our advisors today:
- Contact us by filling out our online form
- Call us on 0800 408 7826
- Use our free live chat feature
What Other Support Is Available After A Stillbirth?
Other support available after a stillbirth can include the help of charities, which offer extensive and compassionate care. Whether it be practical assistance or psychological support, the following charities can all provide support after the loss of a baby:
- Learn about receiving 1-2-1 baby loss support from The Lily Mae Foundation
- Get bereavement support from The Lullaby Trust
- Find support for bereaved families from Maggie’s Stillbirth Legacy
- See the support for you at Aching Arms
- Get help for newly bereaved parents from the Nova Foundation
More Information
To learn more about medical negligence claims, please see some of our other guides:
- Find out if you can pursue a blood clot claim
- Learn about claiming compensation for a dispensing error in a pharmacy
- See the following advice on making a fibromyalgia compensation claim
Additional external resources:
- Get help with what happens after a stillbirth from the NHS
- Learn how to raise a concern with the General Medical Council
- See the following advice on Statutory Sick Pay from Gov.UK
Thank you for reading our useful guide about how much compensation for stillbirth negligence you might be able to claim for.
