Stillbirth and neonatal death claims

Tragically and despite advances in healthcare, it is estimated that 15 babies are stillborn or die in the early neonatal period every day in the UK. Where errors in medical treatment have contributed to this devastating loss, some bereaved parents may decide to claim compensation.

Support throughout the claims process

At Penningtons Manches Cooper, our specialist lawyers are experienced in dealing with the incredibly difficult and emotional issues surrounding stillbirth or neonatal death. We appreciate that while no amount of compensation can make up for what has happened, pursuing an independent investigation and potentially a negligence claim can provide much-needed answers for the families involved.

Uncovering the facts behind their loss can help parents to recover from the anxiety, anguish and grief that they are experiencing. An apology and changes to procedures following a legal investigation into a stillbirth or neonatal death can also offer reassurance that the same mistakes will not be repeated. Our lawyers will do everything they can to put clients at ease and support them during each step of an investigation.

Our focus is very much on understanding what parents hope to achieve and providing practical assistance throughout the stillbirth claims process. Unfortunately, childbirth does not always go to plan and mistakes can be made by obstetricians, midwives and neonatologists. Sometimes there are problems with the placenta during the delivery of a child, a baby may be particularly small because it has failed to grow as expected or a haemorrhage may have occurred.

Kept us up to date with everything, always attentive to our situation and understanding.

In other cases a lack of oxygen, during labour, at or shortly after birth, poor resuscitation or an undiagnosed or untreated infection in the neonatal period can cause a baby’s death. We also deal with compensation claims arising from negligent gynaecological care or maternal injury during childbirth, as well as a wide range of cerebral palsy cases.

Our initial consultation in stillbirth and neonatal claims is offered free of charge and without obligation. Funding options available to clients include no win no fee (conditional fee) agreements.

How we help our clients

Claims involving placental abruption or detachment from the uterine wall

Claims arising from a failure to manage fetal growth restriction appropriately

Claims relating to poor monitoring of a baby’s heartbeat during labour

Cases relating to the management of gestational diabetes or maternal hypertension

Claims arising from the failure to identify and manage pregnancy-related itching

Claims relating to the failure to induce delivery with fetal distress

Claims arising from untreated infections in pregnancy and neonatally, eg Strep B

Cases regarding inadequate resuscitation, or failure to cool hypoxic babies at birth

Compensation for psychiatric injury, as well as therapy and private medical care

Inquests into a baby’s death

Useful resources

Making a medical negligence claim

Funding a medical negligence claim

FAQS on maternity care at the Shrewsbury and Telford Hospital NHS Trust

Stillbirth and loss of a newborn baby fact sheet

First class client service whilst demonstrating empathy and a strong commercial attitude to evaluating and presenting the claim.

Thoroughly well prepared, very good attention to detail, knowledgeable and sympathetic to clients as well as being determined to get the best out of the case.

Outstanding throughout. Professional, knowledgeable, understanding and generous with time.

First class: professional, friendly, sensitive and ultimately successful! Thank you so much.

The communication and being kept up to date was excellent. The sensitivity and respect shown was appreciated.

Recent work highlights

Baby’s death after line misplacement

Settling a negligence claim against an NHS trust for a neonatal death caused by the incorrect placement of a long line which penetrated the newborn baby’s right atrium, causing cardiac tamponade and preventing its proper function.

Fetal distress during labour

Representing a parent whose child was stillborn after the midwifery team failed to recognise signs of fetal distress on the CTG trace and to deliver the baby promptly. The parent suffered a psychiatric injury and needed counselling.

Stillbirth due to caesarean delay

Recovering damages for the parent of a child who was sadly stillborn after a delay in undertaking a caesarean section to deliver the baby urgently during labour, despite signs of significant fetal distress.

Multiple errors in maternity care

Acting for a mother whose son was tragically stillborn following a catalogue of errors in her care in the late stages of her pregnancy. She sustained a psychiatric injury as a result which impacted her career.

Missed signs of placental abruption

Settling a claim following the stillbirth of a baby caused by placental abruption. Hospital staff failed to adequately monitor the fetal heart rate after the mother’s admission and did not proceed with an urgent delivery.

Mother and baby infection tragedy

Advising the family of a mother and baby who died after delays in assessing and treating a maternal infection, despite urgent GP referral. The baby was stillborn, and the mother died shortly afterwards.

Case studies

We have settled a medical negligence claim against East and North Hertfordshire NHS Trust after our client’s baby daughter was tragically stillborn, following negligent management of her pregnancy.

We have recently achieved a settlement for a failure to correctly interpret abnormal CTG traces and facilitate a discussion around preterm delivery, leading to the avoidable stillbirth of a client’s child.

We have settled a claim for a woman who suffered a number of errors in her maternity care, while she was a patient of Hampshire Hospitals NHS Foundation Trust, tragically leading to the stillbirth of her son.

We have recently settled a claim against Kingston Hospital NHS Foundation Trust relating to the management of the claimant’s pregnancy and the stillbirth of her daughter.