Stillbirth Claims: A Complete Guide to Medical Negligence-Related Stillbirth Claims

The loss of a baby through stillbirth is one of the most devastating experiences any family can face. When this tragedy occurs due to mistakes or negligence by medical professionals, it can be even more painful to come to terms with. Families often experience not only grief, but emotional trauma, financial strain, and unanswered questions.

If you’ve suffered a stillbirth that may have resulted from medical errors, you may be entitled to claim compensation — not just for financial losses, but also for the emotional and psychological effects. This guide explains how stillbirth claims work, what you can claim for, and how we can help support you through this incredibly difficult time.

What is a Stillbirth Claim?

A stillbirth claim is a type of medical negligence case made when a baby is tragically lost before or during delivery, and it’s found that medical mistakes, delays, or poor care contributed to or caused the stillbirth. Rather than focusing on a single oversight, the claim often considers the wider circumstances, failures, and avoidable harm that led to this heartbreaking outcome.

For example:

• Failure to monitor the baby’s heart rate properly during labour

• Delayed response to signs of fetal distress

• Failure to diagnose or manage maternal conditions such as gestational diabetes, pre-eclampsia, or infection

• Delayed decision to carry out an emergency caesarean section

• Neglecting to follow national safety guidelines or protocols in maternity care

How to Make a Stillbirth Claim

We understand how emotionally difficult it can be to start a legal claim after such a personal tragedy. That’s why we aim to make the process as supportive and sensitive as possible.

Step 1: Arrange a Free, Confidential Consultation

Contact our caring legal team for a free, no-obligation consultation. We’ll listen to your experience, review the details, and advise whether you might have grounds to pursue a claim.

Step 2: Gather Important Information

To build a strong stillbirth negligence claim, we’ll help collect:

• Medical records from your pregnancy, labour, and delivery

• Maternity notes and midwife reports

• Information about antenatal scans, test results, and appointments

• Expert medical opinions to review care standards

• Witness accounts (if appropriate)

• Documentation of any emotional support, therapy, or bereavement counselling sought

• Evidence of financial losses (such as funeral costs or loss of income)

Once gathered, your case will be handled by a solicitor experienced in stillbirth and birth injury negligence claims.

What If the Hospital or NHS Denies Responsibility?

Sadly, hospitals don’t always immediately accept responsibility when mistakes are made. If liability is denied, your solicitor will:

• Investigate medical records in detail

• Obtain independent expert reviews on the standard of care you received

• Examine hospital policies, staffing levels, and adherence to national guidelines

• Gather witness statements where appropriate

• Take legal steps, including court proceedings, if necessary

Medical negligence cases are often complex — but clear, expert evidence makes a powerful difference.

Who Can Make a Stillbirth Claim?

Stillbirth claims can typically be made by:

• The baby’s mother

• The father or partner

• Legal guardians or family representatives

You may have grounds for a claim if medical negligence or substandard care contributed to the stillbirth, either before, during, or immediately after labour. If you’re unsure, we can discuss your situation sensitively and advise on your options.

What Can You Claim for in a Stillbirth Case?

Compensation can never undo what’s happened — but it can help ease some of the financial, practical, and emotional burdens families face after a stillbirth. A successful claim may cover:

• Funeral costs and related expenses

• Psychological support and bereavement counselling

• Medical expenses related to the pregnancy and aftercare

• Loss of earnings if you or your partner had to take time off work

• Pain and suffering for the emotional trauma and grief

• Future care or therapy costs for ongoing emotional wellbeing

Your solicitor will work closely with you to ensure every aspect of your loss and its effects on your life are considered.

Can You Claim on Behalf of a Family Member?

Yes — you can act on behalf of your partner or another close family member if:

• They’re unable to pursue the claim themselves due to emotional or mental health reasons

• The claim involves dependency or bereavement losses

• The family wishes to jointly pursue a claim for shared grief, trauma, or financial losses

We can sensitively advise you on who is eligible to claim and how best to move forward as a family.

How Long Does a Stillbirth Claim Take?

The timeframe for a stillbirth negligence claim can vary depending on:

• Whether the hospital admits liability

• The complexity of the case and availability of evidence

• The time needed to obtain independent medical reports

• Whether there are any disputes regarding responsibility or damages

Some claims can settle in under a year, while more complex cases may take longer. We’ll keep you fully informed, work at your pace, and prioritise your wellbeing throughout the process.

Are Stillbirth Claims More Complex Than Other Medical Negligence Cases?

Yes — stillbirth claims can be particularly sensitive and medically complex. They often involve:

• Multiple points of failure in antenatal, labour, and delivery care

• Emotional and psychological trauma

• Bereavement services and aftercare considerations

• Detailed investigation of maternity safety practices

• Disputed interpretations of medical evidence

This is why it’s crucial to work with solicitors experienced in both medical negligence law and the unique emotional complexities of stillbirth claims.

We’re Here to Support You

The loss of a child through stillbirth is unimaginable. No family should have to experience such heartbreak — and no one should face it alone. While no compensation can ever replace your loss, it can help bring answers, recognition, and financial support.

Our specialist team is here to:

• Guide you through every step with care and compassion

• Help you access bereavement services, counselling, and practical support

• Secure compensation for your losses and future needs

• Stand by your side to seek answers, accountability, and justice

Contact us today for a free, confidential conversation — and let us support you in seeking closure, care, and financial security for the road ahead.