Nothing is more devastating for parents than the loss of a baby. This tragedy is made all the worse when there is someone to blame for the loss. Thankfully, advancements in medical technology means that stillbirth or death during birth is extremely rare but there are unfortunately still cases where the death of an infant can be avoided.
Stillbirth Compensation Claims
Our specialist medical negligence solicitors understand the pain and trauma stillbirth can cause. Such a loss will have a long lasting and often permanent impact on the parents and wider family. The sense of loss is compounded by the feeling that the medical care received fell short of the expected standards.
The impact is likely to be wide ranging and affect relationships, health, mental-health and work. Not only that but the mother may also be injured as a result.
Our specialist medical negligence solicitors specialise in stillbirth compensation claims. We know that such cases require expert handling, and sympathetic and compassionate advice.
While we know there is nothing that can mitigate the loss of a child, a successful compensation can help ease the burden going forward. Contact our solicitors today and we will advise you on the best way to ensure you get the compensation you deserve.
What are the main causes of stillbirth compensation claims?
The majority of stillbirths unfortunately occur in healthy babies and there are many reasons that a baby can be stillborn, not all of which are the fault of the medical profession.
Most deaths which occur during pregnancy or at birth are considered unavoidable but unfortunately there are occasions where the medical profession fail in their duty to the unborn child and its mother and thus contribute towards or cause the death.
Some of the examples of negligent medical care which contribute towards or cause stillbirth include:
- Insufficient screening of the foetus’s growth
- Failure to adequately monitor the foetus while in labour
- Failure to have met the mother at hospital at the appropriate time during labour
- Failure to resuscitate the baby
- Failure to investigate reductions in the foetus’s movement
Do you believe that your child was stillborn as a result of the negligence of the medical professionals entrusted with your care? If so, you may be able to make a compensation claim.
OP Law will investigate your claim, examine your medical records during pregnancy, examine the medical notes made during labour and birth and acquire expert opinion if necessary.
What compensation can I claim for a stillbirth?
A compensation claim made for stillbirth will take into account the pain, suffering and long term psychological affects you and your family have experienced. A successful claim will help you access the specialist services you need to cope better (which may include therapy or counselling) and also help assist with other costs, such as funeral expenses. You can claim for:
- Pain and suffering
- Psychiatric damage
- Expenditure on therapy or counselling
- Loss of past & future earnings
- Funeral costs
- Items bought for the child
When can I make a compensation claim for a stillbirth?
The loss of a baby is understandably traumatic, and making a claim may not be uppermost on your mind in the immediate aftermath. However, it is essential that you are aware of the time limits that apply when making a claim for medical negligence.
Stillbirth compensation claims can be made up to three years from the following date:
- The date you received negligent care during your pregnancy
- The date of your baby’s death
- The date you became aware that the treatment you received was negligent
In the majority of cases, the date of death is the deciding factor, however you may only later discover that medical negligence was to blame for the loss of your child. This can happen, for example, when a post-mortem indicates that negligence was to blame. In such cases, you have three years from that date to make your claim.
While we understand it can take some time come to terms with such a traumatic event, we recommend that you contact our team at the earliest possible opportunity.
The sooner you make a start then the more positive the outcome is likely to be, so contact us today for more information. If you or someone you know has suffered a stillbirth, OP Law can help you seek financial compensation. Our experienced team will guide you through the complex legal process, ensuring that you receive the best possible outcome to your compensation claim. Click here to get in touch or call us on 01727 790510