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Advice On Stillbirth Compensation Claims
If you’ve experienced stillbirth negligence at the hands of a healthcare professional, our specialist solicitors can help with stillbirth compensation claims.
£85 million in compensation
Advice On Stillbirth Compensation Claims
If you’ve experienced stillbirth negligence at the hands of a healthcare professional, our specialist solicitors can help with stillbirth compensation claims
A Guide On Stillbirth Compensation Claims
Experiencing a stillbirth can be a profoundly upsetting event in your life. If the stillbirth was due to the negligent conduct of a healthcare professional, this can cause even more trauma and distress. At JF Law, we are here to help you achieve a sense of justice due to your bereavement. As such, please read our useful stillbirth compensation claims guide and learn how you could receive a payout.
What You Need To Know
- You could make a stillbirth claim against a public or private healthcare institution
- You could claim for the financial losses you suffered due to the harm you experienced
- You will have up to 3 years to make your claim
- You will need to provide evidence of the harm you experienced, such as medical records and a symptom diary
- A No Win No Fee solicitor could help you with signing legal documents, explanations of terminologies and regular updates.
At JF Law, our experienced advisors work around the clock to provide you with the best service. As part of the free services we offer, you could receive an eligibility assessment to look at the merits of your claim. If your claim is strong, you could be connected with one of our specialist No Win No Fee solicitors to help you. To start your stillbirth compensation claim:
- Call us on 0151 375 9916
- Contact us by filling out our online form
Can I Make A Stillbirth Compensation Claim?
Yes, you could make a stillbirth compensation claim provided that you meet the eligibility criteria. Fundamentally, you will need to satisfy the following requirements:
- You were owed a duty of care by a healthcare professional
- A healthcare professional breached this duty of care
- You suffered an avoidable stillbirth as a result of the breach
All healthcare professionals have a duty of care to patients to provide them with the minimum expected standard of treatment. This includes midwives, nurses and doctors. To illustrate, healthcare professionals should read test results correctly and provide patients with the correct medical advice as part of their duty of care.
Therefore, if you’ve experienced an avoidable stillbirth at the hands of a healthcare professional, you could be eligible to claim. Continue reading our helpful guide to find out how stillbirth negligence can occur in the following stages:
- During diagnosis and scans
- During the monitoring of symptoms
- During surgery
Our advisors are always here to help with any questions you may have. To learn more about your eligibility for stillbirth compensation claims, please contact our team today.
Am I Able To Bring A Stillbirth Claim Against The NHS?
Yes, you could bring a stillbirth claim against the NHS if a healthcare professional breached their duty of care. Depending on where you received your negligent care, your claim would be made against the relevant NHS Trust that the hospital belongs to.
The NHS Resolution was established to act as an insurer for the NHS and deal with medical negligence claims. They are therefore responsible for providing the funds for any compensation payouts. Therefore, any NHS compensation payouts will not directly affect the funds of a hospital.
You can also make a claim against a private hospital if you experienced negligent treatment. To learn more about private healthcare claims, please contact one of our friendly advisors today.
Could I Claim On Behalf Of A Loved One?
Yes, you can claim on behalf of a loved one by assuming the role of a litigation friend. Commonly, litigation friends will be:
- A parent or guardian
- A close sibling
- An auntie, uncle or grandparent
- A solicitor
You can apply to the courts to become a litigation friend in the following circumstances where the claimant cannot make their own claim:
- If the claimant is under the age of 18
- If the claimant lacks mental capacity
Representing the claimant’s best interest, a litigation friend will handle a number of matters on their behalf throughout the claims process. Please note that a claimant must be kept as well informed as possible about the on goings of the claim.
To learn more about making a claim on behalf of a loved one, please contact our team today.
How Can Medical Negligence Lead To A Stillbirth?
Whilst healthcare professionals must strictly adhere to their duty of care, there are still some instances where medical negligence can occur. Please see the following examples of medical negligence and how it can lead to stillbirth compensation claims:
- A midwife could fail to monitor your baby’s oxygen levels during labour. Consequently, they could fail to notice any signs of foetal distress, resulting in a birth injury and leading to a stillbirth. This may also result in psychological injuries for the mother.
- A doctor could delay treatment, such as failing to perform an emergency C-section despite signs of foetal distress. If your baby dies as a result, you could make a claim for stillbirth compensation.
- A doctor could make an error during surgery, such as misusing instruments during a C-section. This could cause damage to the mother and baby, resulting in a stillbirth.
- A consultant could fail to recognise the signs of an infection during pregnancy, resulting in a stillbirth and PTSD.
- A pharmacist could give the wrong prescription to a mother, causing a medication error and resulting in a stillbirth and psychiatric injury.
Please note that the above is not an exhaustive list of stillbirth negligence examples. To discuss your personal experience with one of our friendly advisors, please contact our team today.
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The Compensation Amounts In Still Negligence Claims
In successful stillbirth compensation claims, you could be awarded general damages as part of your settlement. The award of general damages will compensate you for any pain and suffering you experienced as a result of the negligence. Moreover, the following factors will be considered when deciding your compensation value:
- The length of your recovery period
- The impact of the harm on your quality of life
- The effect that the harm has on your daily activities
- The severity of the harm
The Judicial College Guidelines (JCG) are commonly used by solicitors and other legal professionals when assigning values to types of harm. The JCG ultimately acts as suggestive compensation guidelines for different types of harm and severities. For instance, a solicitor can use this publication to advise a client about how much compensation they could receive.
All figures in the table below, aside from the first entry, have been taken from the JCG for types of harm that may occur due to stillbirth negligence. Please note that the figures are merely guidelines and do not guarantee how much you will receive.
| Harm | Notes | Estimated Compensation Pay-out |
|---|---|---|
| Multiple serious forms of harm with financial losses | More than one forms of serious harm with special damages such as loss of earnings | Up to £500,000+ |
| Severe Psychiatric Damage | The following factors will influence the compensation amount, such as the prognosis, any future vulnerability and the injured person’s ability to cope with life | £66,920 to £141,240 |
| Moderately Severe Psychiatric Damage | These cases include work-related stress resulting in a disability preventing a return to employment. | £23,270 to £66,920 |
| Moderate Psychiatric Damage | Cases with a good prognosis and some work-related stress may fall within this category. | £7,150 to £23,270 |
| Less Severe Psychiatric Damage | The level of the award will consider the length of the period of disability and the extent of the effect on daily activities. | £1,880 to £7,150 |
| Severe PTSD | Cases involving permanent effects which prevent the person from working at all or at least from functioning at anything approaching the pre-trauma level. | £73,050 to £122,850 |
| Moderately Severe PTSD | The effects are likely to cause significant disability for the foreseeable future. | £28,250 to £73,050 |
| Moderate PTSD | The injured person will have largely recovered, and any continuing effects will not be grossly disabling. | £9,980 to £28,250 |
| Less Severe PTSD | A full recovery will have been made within one to two years and only minor symptoms will persist over any longer period. | £4,820 to £9,980 |
For an in-depth assessment of your experience, please contact one of our helpful advisors today.
How Can Stillbirth Compensation Help Through The Aftermath?
Stillbirth compensation claims can help provide you with a sense of justice following a traumatic experience. In addition to general damages, you could also be awarded special damages as part of your settlement.
Ultimately, special damages will compensate you for any financial losses you suffered due to the harm you experienced. For example, you may have paid out-of-pocket expenses for long-term therapy sessions due to psychological harm you suffered.
Please see the following examples of special damages that you could include in your claim:
Loss Of Income
If you’ve taken time off work due to the harm you suffered, you could claim for any loss of income you experienced. This can present as the following:
- Loss of bonus
- Loss of overtime pay
- A loss of workplace benefits, pension contributions and healthcare
- Loss of a promotion
- A loss of current or future income
Cost Of Counselling
You could also include the costs of any short-term or long-term counselling, such as:
- Cognitive behavioural therapy
- Dialectical behavioural therapy
- Any prescription costs or recommendations by your therapist
Cost Of Medical Care
If you sought private medical care to help recover from the harm you experienced, these costs can be included as part of your special damages, such as:
- Private medical appointments
- Medication costs
- Travel expenses to and from appointments
It’s vital that any special damages are supported with evidence, such as:
- Payslips
- Bank statements
- Invoices
- Receipts
To learn more about how you could claim special damages in stillbirth compensation claims, please contact a member of our friendly team today.
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We pride ourselves on providing the best service possible for our clients.
What Is The Medical Negligence Stillbirth Compensation Time Limit
In stillbirth compensation claims, you will have a 3-year time limit to make your claim. As per the Limitation Act 1980, the medical negligence limitation period runs from:
- The date that the medical negligence occurred, or;
- The date of knowledge. Ultimately, this is the date that you realised the harm you suffered was due to a negligent healthcare professional.
Nevertheless, the following exceptions to the time limit apply:
- If the claimant is a child, they cannot claim independently. Instead, they are required to wait until their 18th birthday. From this date, they have until their 21st birthday to bring their claim.
- If the claimant is lacking mental capacity, they also cannot claim by themselves. Alternatively, the time limit is paused indefinitely. If the claimant regains their mental capacity, the 3-year time limit will begin.
For more help with time limits, please contact one of our helpful advisors today.
What Evidence Do I Need When Claiming Compensation For Stillbirth?
In successful stillbirth compensation claims, it’s essential that you provide evidence. Notably, you must prove that the harm you experienced was as a result of a medical professional’s breach of duty of care.
For instance, you could provide evidence in the following forms:
- Medical records detailing the level of harm you experienced and regarding the stillbirth
- X-rays, scans or test results
- Contact details of any potential witnesses who could support your version of events at a later date
- Correspondence between yourself and the medical institution where you received your negligent treatment
- A copy of your maternity notes
Our experienced solicitors can help you with evidence-gathering. To start your claim with us, please contact our friendly team today.
How A No Win No Fee Solicitor Can Help Me After My Stillbirth
Our helpful advisors work around the clock to answer any questions you may have about making stillbirth compensation claims. Following a free eligibility assessment, you could be connected with one of our No Win No Fee solicitors if your claim is strong. By operating under a Conditional Fee Agreement (CFA), you could enjoy the following benefits:
- No fees at the start of your claim or as it progresses for your solicitor’s services
- If your claim is unsuccessful, you won’t be required to pay any solicitor fees
- Should the claim be a success, you will only be required to pay a small success fee for your solicitor’s work. This success fee is capped by law, and the percentage will be deducted from your compensation. Therefore, you will always receive the bulk of your compensation settlement.
To learn more about CFAs and how they can help you, please contact us today.
Why Choose JF Law
At JF Law, our team of highly skilled solicitors are here to help you through challenging times. They are also trained in handling sensitive topics with delicacy and have experience in handling stillbirth compensation claims.
Please see the following highlights of making a claim with JF Law:
- Regular claim updates so you always know where your case stands
- Help with organising an independent medical assessment to evaluate the level of harm you experienced
- Clear explanations of key legal terminologies
- Expert negotiations with the defendant to achieve a settlement that best reflects your pain and suffering
- Access to rehabilitative support
- Help with signing legal documents
- Assistance with evidence gathering, such as obtaining medical records and witness statements
To learn more about how one of our specialist medical negligence solicitors can help you, please get in touch with our team. They are available to help answer your questions, offer free advice and assess the eligibility of your claim.
- Call us on 0151 375 9916
- Contact us by filling out our online form
Further Support After A Stillbirth
To gain further support after you’ve experienced stillbirth negligence, please see some links to the following charities that could help you:
- Learn about the support offered for a stillbirth or neonatal death by Tommy’s
- Get baby loss support from Petals Charity
- Find support for newly bereaved parents from the Nova Foundation
- See what services are available from the Sands Charity
For help with the many options of support available to you, please contact our helpful team today.
Frequently Asked Questions
To learn more about stillbirth compensation claims, please see some common questions and answers below. For any further help and guidance, please contact our friendly team.
How Commonly Do Stillbirths Happen?
According to the NHS, around 1 in 250 births in England are stillbirths.
If a stillbirth occurs due to a healthcare professional’s negligence, you could experience even more trauma. To seek justice for your experience, please contact one of our helpful advisors today.
Who Is Most At Risk Of A Stillbirth?
Whilst the causes of stillbirths are sometimes unknown, there are some factors that may put a mother at risk. According to the NHS, the following conditions may heighten the risk of a stillbirth:
- Complications with the placenta, which links a baby’s blood supply to the mother’s
- Bleeding before or during labour resulting in a haemorrhage
- Pre-eclampsia or high-blood pressure
- Obstetric cholestasis or liver problems
- Infections such as rubella or Lyme disease
- Any smoking, drinking or drug-taking whilst pregnant
- Obesity
- Having twins or a multiple pregnancy
To learn about stillbirth medical negligence cases, please contact our team today.
Will I Still Be Able To Receive NHS Care If I Claim?
Yes, you will still be able to receive NHS care if you make a stillbirth compensation claim. Even if you are making an NHS negligence claim, a healthcare provider legally cannot refuse your treatment because you have made a claim against them.
However, if you feel uncomfortable returning to the same doctor or healthcare professional, you may wish to change your healthcare provider.
Would I Need To Go To Court For A Stillbirth Claim?
Whilst we cannot predict exactly how your claim will progress, our specialist solicitors will do everything they can to avoid escalating your claim to court. As such, our experienced team will attempt to secure a settlement that best reflects your difficult experience.
Moreover, a solicitor will only issue court proceedings in the following scenarios:
- If liability is being consistently denied by the defendant
- A settlement that reflects your pain and suffering cannot be reached
- All methods of negotiation have been exhausted
Despite this, most of our claims at JF Law settle before court. To talk to our team about court proceedings, please get in touch with one of our advisors today.
How Long Will It Take For Me To Be Paid For My Stillbirth Compensation?
In stillbirth compensation claims, there is no definitive time frame for how long it will take for your claim to settle. Nevertheless, our dedicated solicitors work around the clock to ensure stringent deadlines are met and that your claim progresses in a timely manner.
However, the following factors may determine how long your claim will take:
- Whether you’ve made a full recovery
- Whether your claim requires court proceedings
- Whether liability has been admitted
To discuss how long your claim could take, please get in touch with our team today.
More Information
To learn more about medical negligence claims, please see some of our other guides:
- Get help with making a gynaecology negligence claim
- See the following advice about how to claim for delayed cancer diagnosis compensation
- Learn about pressure sore claims
Additional external resources:
- Learn about what happens after a stillbirth from the NHS
- Get help with managing sick leave and return to work from HSE
- See the following advice about statutory sick pay from Gov.Uk
Thank you for reading our helpful guide on stillbirth compensation claims.
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