Stillbirth & neonatal death (baby loss) compensation claims

This will vary from case to case depending on when in the legal process the case settles and the family’s personal circumstances.  The two biggest things that will impact the value of the claim are a) the impact of your baby’s death on your mental health and b) whether you have experienced a loss of earnings. For example, if there is no loss of earnings, a claim may settle for £40,000 but if you have been unable to work since your baby’s death, the claim value could be £200,000+.  However, most claims will settle for between £60,000 to £100,000.

Yes – this is called the limitation period. You must bring your claim within 3 years of the day your baby died.  If your baby is stillborn, you may have been told that they died several days before they are born. Therefore, the 3 year period starts to run from the date you were told they had died. ‘Bringing a claim’ means that you must start the court process (called issuing a claim) not simply talking to a lawyer.  Therefore, it is important to raise any concerns you may have at the earliest opportunity.  In some exceptional circumstances, you may be able to bring a claim after this 3 year period.

This will vary from case to case depending on how many experts are required, how long it takes to receive their advice on your care and whether the Hospital admits that they are responsible for your baby’s death.  However, an average claim will take 2 to 3 years.

To bring a claim you need to sure that the care you or your baby received was substandard and that no other responsible medical professional would have treated you in this way (breach of duty).  You then need to show that this breach of duty caused your baby’s death on the balance of probabilities i.e. over a 50% chance.  To meet these tests, we usually instruct independent medical experts (such as a midwife or obstetrician) to advise on the care, what should have happened and whether this would have avoided your baby’s death.

Yes – most baby loss claims will settle without starting the court process or before trial.  You and the Hospital can make an offer to settle the claim at any time.  This may be without the Hospital admitting it is at fault or without knowing the full value of the claim.  Your options will be explained to you fully throughout your claim.

We understand that baby loss impacts the whole family.  However, when a baby is stillborn, only the mum can bring a claim as she was the patient at the time.  Therefore, the Hospital owed her a duty of care but not the father/birthing partner.  If the baby dies after they were born, but the poor care happened before they were born, mum can bring a claim.  If mum and dad are married, the dad will be entitled to half of the bereavement award (a fixed amount set by Parliament) but generally cannot claim for any other losses.  If the poor care happened to the baby after they were born, then mum (or dad if they are married) can only claim for the bereavement award, funeral costs and some other small items.

For a claim to succeed, you have to show there was substandard care which caused the baby’s death.  If there are no concerns about the care you or your baby received, then a claim cannot be pursued.  If you have concerns about the care you or your baby received, our experienced baby loss team can advise you whether they consider there are issues that should be investigated.

Possibly.  It will depend what condition your baby had and whether it sadly meant they always would have died, even with better care.

Yes, if there was poor care before the baby died.  Often claims are based on the care that happened before mum goes into labour or the baby was born, for example, a failure to monitor a baby’s growth.