Stillbirth Compensation Claims

Suffering a stillbirth is one of the most harrowing and heart-breaking occurrences that could happen to any family. A stillbirth can be caused by many issues, such as placental problems, maternal infections, umbilical cord issues and other complications.

Medical professionals have a legal duty to provide adequate care to mothers and promptly diagnose and treat any issue that could affect the baby’s life. A failure to do so could result in a stillbirth compensation claim against the negligent hospital or NHS Trust.

An experienced clinical negligence solicitor can offer a supportive, patient and warm environment for you to discuss your legal rights if you have suffered from a stillbirth where medical negligence may have been a contributing factor. They will assure you of utmost respect and empathy every step of the way. For a free and confidential consultation with a friendly legal advisor, call 0800 470 0474 or request a call back.

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Table of Contents

• What is stillbirth?
• What causes a stillbirth?
• What types of negligence could lead to a claim?
• Can I make a claim following a stillbirth?
• What is the process of claiming stillbirth compensation?
• How much compensation could I receive in a stillbirth negligence claim?
• Should I make a stillbirth claim against the NHS?
• Will I need to go to court to claim for stillbirth negligence?
• What is the time limit to start a stillbirth compensation claim?
• Do medical negligence solicitors provide a No Win No Fee service?

What is stillbirth?

Stillbirth is a term that is used to describe a baby that is born dead if it has reached the 24th week of pregnancy. If a baby dies before the 24th week of gestation, the loss of the child is referred to as a miscarriage rather than a stillbirth. If a baby is born alive but passes away after birth, the term used is ‘infant mortality’.

The 24-week timescale is used as this is the stage at which a baby has a strong chance of survival should it be born prematurely, albeit with a significant amount of support in a neonatal unit at a hospital. According to the NHS, one in 250 babies is stillborn in the UK. In 2021, approximately eight babies were stillborn every day, with a total of 2,866 cases.

Frequent check-ups, screenings, and proper medical care can prevent many of these. If it can be determined that you lost your baby due to medical negligence, you may be able to claim stillbirth compensation for your pain and suffering.

What causes a stillbirth?

In a large proportion of cases, there is no concrete reason for a child to be stillborn. Thus, it can be challenging to understand why the child passed away. In some instances, however, the cause of stillbirth is readily identifiable, and a doctor can confidently assess and communicate the underlying cause of the stillbirth. Some of the most common causes include:

• High blood pressure
• Pre-eclampsia
• Infections in the mother that could also affect the baby, such as rubella, cytomegalovirus or Lyme disease
• Diabetes
• Genetical physical defects in the baby
• Bleeding before or during labour
• Oxygen starvation to the baby, either during the birth or whilst the baby is in the uterus
• Problems with the umbilical cord
• Intrahepatic cholestasis of pregnancy (ICP)
• A dislocation of the placenta from the wall of the uterus

In some instances, such as when a mother suffers from high blood pressure or diabetes, a medical team made up of doctors and midwives may decide that it is in the best interests of the mother and baby to induce birth. Inducing birth is not a cause for stillbirth in itself and is more widely associated with the preservation of life and health, though unfortunately, deaths can still happen.

A mother who has suffered from any of the above conditions or any other pregnancy-related complications must be monitored and assessed regularly to ensure the health of both herself and the baby. Failure of medical professionals to provide an acceptable level of care may be viewed as medical negligence and could lead to a stillbirth compensation claim.

What types of negligence could lead to a claim?

Midwives, doctors and all other medical practitioners have a legal and professional obligation to provide acceptable standards of care to mothers and unborn babies at all times. That means they must swiftly assess, evaluate, diagnose and treat an illness, injury or complication to secure their patients’ health and survival. A failure to do so is likely to be considered medical negligence and result in a potential compensation claim. Examples include:

• Failure to diagnose or adequately manage gestational diabetes
• Inadequate monitoring and management of high blood pressure and pre-eclampsia
• Failure to diagnose and treat infections such as urinary tract infections or sexually transmitted diseases
• Failure to monitor the foetal heart rate can result in missing signs of distress and hypoxia
• Misinterpreting the results of tests and scans
• Dismissing or not investigating reports of decreased foetal movement from the mother
• Failure to adequately address complications during labour, such as umbilical cord problems
• Not providing prompt and appropriate care after maternal trauma
• Lack of communication and coordination between doctors, midwives and staff
• Poor decisions during delivery, such as not performing a C-section

We recognise that the physical pain of pregnancy and birth complications is significant but that the emotional damage caused by a stillbirth that could have been prevented through better medical care is unbearable. Your solicitor will work closely with you, maintaining your emotional well-being at all times to make those liable for your suffering accountable for their actions.

If you have been affected by the death of a baby during pregnancy or birth, there are many charities and support groups available throughout the UK. Sands (Stillbirth and Neonatal Death Charity) is a fantastic charity that provides emotional support to anybody who is suffering from the loss of a baby. The Child Death Helpline provides a free, confidential helpline (0800 282 986) where you can speak to a volunteer who has also experienced the loss of a child.

Can I make a claim following a stillbirth?

If you have suffered a stillbirth through negligence, error or substandard medical care or treatment during the birth of your baby, you may be eligible to claim compensation. The easiest way to determine whether you have a valid claim is through a free consultation with a medical negligence solicitor. They will be able to verify the following:

• A duty of care. This refers to every healthcare’s professional obligation to provide medical treatment in line with accepted standards of care.
• A breach of duty. Negligence occurs when the healthcare provider fails to provide treatment that meets the acceptable standard. In the context of a stillbirth compensation claim, it could include failure to monitor the pregnancy adequately, failure to diagnose and treat complications, or errors during delivery.
• Causation. There must be a direct link between the breach of duty and the stillbirth. You must show that the healthcare provider’s negligence directly caused or significantly contributed to the stillbirth.
• Damages. You need evidence to show the damages you suffered as a result, such as physical pain, emotional distress, loss of companionship or financial losses.

Stillbirth negligence claims are highly emotional and likely to be incredibly difficult for mourning parents. With that in mind, your solicitor will strive to offer a comprehensive service with first-rate legal knowledge and exceptional support. They will abide by legal time limits while giving you as much patience as you need to process matters in a manner that feels comfortable to you.

What is the process of claiming stillbirth compensation?

If you want to make a stillbirth compensation claim, the first thing you should do is seek legal advice. A personal injury solicitor will offer you a free initial consultation to discuss your case and explain everything you need to know. If you have a strong case, they will help you gather evidence to start your claim and secure the maximum stillbirth compensation amount you could get.

The types of proof you could use to support your case include:

• A copy of all medical records related to your pregnancy will provide a detailed account of the care you received. They should include details of your medical history, prenatal care, ultrasound reports and other diagnostic tests ordered during pregnancy.
• Your solicitor will also arrange a free medical consultation with a specialist, such as a midwife or obstetrician. They will review your case and provide insight into whether the standard of care was met and where negligence may have occurred;
• Statements from witnesses who observed the prenatal care and labour, such as family members or delivery nurses;
• Autopsy findings and pathology reports conducted on the stillborn baby can provide valuable information about the cause of death, such as congenital abnormalities, placental issues, or signs of intrauterine infection;
• Photographic evidence can help show any abnormalities detected during pregnancy or complications during labour and delivery;
• Records of communication with healthcare providers regarding any concerns or issues raised during the pregnancy or labour;
• You also need documents of expenses related to prenatal care, labour and delivery, any treatment or counselling sought after the stillbirth, and any other financial losses that you want to include in your stillbirth claim.

How much compensation could I receive in a stillbirth negligence claim?

The amount of compensation you could claim for stillbirth will depend on the level of your pain and suffering, related financial losses and the overall impact on your life. Your solicitor will discuss all these factors with you and calculate your stillbirth compensation based on two categories of damages:

General damages cover your pain, suffering and loss of amenity and may include:

• Physical pain
• Mental and emotional damage
• Reduced quality of life
• Loss of consortium and companionship
• Loss of prospects
• The impact on your hobbies and daily activities

Special damages cover financial losses experienced as a direct result of what happened, such as:

• The cost of therapy or counselling
• Travel expenses for medical appointments
• Loss of earnings from taking time off work
• Funeral costs
• Money spent to prepare for the pregnancy
• Fertility treatments to have another baby

Special damages are based on evidence, such as receipts and invoices. General damages are non-pecuniary losses and are based on the guidelines from the Judicial College. For example, the stillborn compensation amount could be between £5,500 and £108,620 for psychiatric damage, depending on severity.

Should I make a stillbirth claim against the NHS?

If you suffered due to substandard care from NHS medical staff, you are entitled to make a medical negligence claim. All claims against the NHS are settled by a specialist insurance company, NHS Resolution. Each Trust pays a yearly premium to the insurance company, which helps cover the costs of claims and legal expenses.

When a medical negligence claim is filed, NHS Resolution will investigate the case and gather relevant information to assess its merits. If negligence is assessed, NHS Resolution will pay your stillbirth compensation. Your claim will not affect the NHS budget allocated for patient care. Furthermore, it may raise awareness of flaws within the medical system and help other parents in the future.

Will I need to go to court to claim for stillbirth negligence?

Going to court during such a difficult time may seem really daunting and overwhelming. However, you can rest assured that most personal injury claims are settled out of court (more than 95%). The odds are even lower when it comes to medical negligence cases against the NHS. In 2020/21, only 0.3% of all claims handled by NHS Resolution went to trial.

In the unfortunate event that you cannot agree on a suitable settlement, your solicitor will pursue your case through the courts. However, your lawyer may be able to represent you in court. If you must attend the hearing yourself, they will be there to prepare you and support you each step of the way. It may help to know there is no jury in civil claims, and your case will be heard only by a judge.

What is the time limit to start a stillbirth compensation claim?

The time limit to make a stillbirth compensation claim is typically three years, starting from the date of negligence or when you became aware of it (the date of knowledge). While three years might seem like enough time, we urge you to seek legal advice as soon as possible. This way, your solicitor can start looking into your case without delay and will be able to secure compensation in the shortest time possible.

If the mother lacks the physical or mental capacity to handle a claim, a litigation friend could represent her at any time. That could be due to what happened or because of a pre-existing condition that affects her mental capacity.

Do medical negligence solicitors provide a No Win No Fee service?

Yes. If your baby was stillborn due to negligence and you have a good chance of winning compensation, you will receive a no win no fee* service. Your solicitor will not ask for any upfront payment, and they will waive their fee if your case fails.

You only pay your solicitor a success fee if and after you receive compensation. This fee is capped at 25% of your settlement and is discussed and agreed upon from the beginning. Your solicitor may also arrange After the Event (ATE) insurance against litigation expenses such as court and expert witness fees. If you lose, the ATE policy will also cover the defendant’s costs, so you will not be left out of pocket.

To find out if you can start a stillborn compensation claim, do not hesitate to call 0800 470 0474 or request a call back for free legal advice.

Last edited on 7th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.