Experiencing the loss of a baby through stillbirth is a heartbreaking tragedy that leaves families devastated. At O’Donnell Solicitors, we understand the profound emotional impact this brings and are dedicated to supporting you through this difficult time with expert legal guidance.
If you believe that negligent medical care during your pregnancy or delivery contributed to your baby’s stillbirth, you may be entitled to claim compensation. Our specialist medical negligence team has many years’ experience handling stillbirth claims and is here to help you.
Understanding Stillbirth and When You Can Make a Claim
A stillbirth occurs when a baby dies before or during birth after 24 weeks of pregnancy.
Not all stillbirths are preventable, but many can be linked to failures in medical care.
Examples of medical negligence that may cause or contribute to stillbirth include:
- Inadequate monitoring of your and your baby’s health during pregnancy and labour
- Failure to act on abnormal foetal heart rate patterns
- Delayed or incorrect diagnosis of serious pregnancy-related conditions such as pre-eclampsia, gestational diabetes, or placental abruption
- Failure to involve you in decisions about your care meaning that you did not provide informed consent for the treatment that you received
- Failure to escalate you for specialist consultant review when concerns were flagged
- Delay or failure to respond to symptoms such as CTG trace changes, reduced foetal movement, or bleeding
- Delayed emergency interventions such as caesarean sections
- Failure to follow national guidelines such as those from the >National Institute for Health and Care Excellence (NICE)
If you suspect that any of these issues caused or contributed to your loss, our specialist solicitors will carefully examine your medical records to review the care you received and obtain independent expert evidence to establish whether negligence occurred.
The Importance of Seeking Early Legal Advice
There are strict time limits for making a stillbirth compensation claim – typically within three years of the date of the stillbirth or from the date you became aware that negligence may have caused or contributed to the loss. Failure to bring your claim within these time limits may mean that no further action can be taken in relation to it.
At O’Donnell Solicitors, we encourage you to seek advice as soon as possible. Our expert solicitors will provide a free, confidential initial consultation to listen carefully to your experience and explain your options with compassion and clarity.
What Does Making a Stillbirth Compensation Claim Involve?
- Initial Assessment and Evidence Gathering
We will begin by obtaining all relevant medical records and internal investigation reports and work with independent medical experts to obtain reports about the care that you received and the impact that it had on you and your baby. - Submitting the Letter of Claim
If expert evidence supports your claim, we will send a detailed Letter of Claim to the NHS trust or healthcare provider outlining the allegations of negligence. - Negotiations and Resolution
If liability is admitted in the response, the claims may be settled through negotiation or mediation without the need for court proceedings. In these cases we work to secure the best possible settlement for you. - Court Proceedings
Where liability is disputed and no settlement is reached, we will represent you through court proceedings. We work with highly skilled barristers to ensure you receive the best possible representation.
We will guide you through every step, explaining the process in plain English and answering any questions you have.
What Does it Cost to Make a Stillbirth Compensation Claim?
Most of our stillbirth claims are handled on a ‘No Win, No Fee’ basis meaning that you do not pay legal fees unless your claim is successful.
What Compensation Can You Recover
Each family’s circumstances are unique, and our solicitors take the time to understand your individual situation to build a claim tailored to your specific losses and needs.
While compensation cannot undo your loss, it can cover the pain, suffering and loss of amenity that you have suffered because of the negligence, including any psychological impact, plus your out of pocket and future special damages including counselling and therapeutic care for emotional and psychological recovery, lost earnings due to time off work, and other financial impacts, such as medical treatment costs or future fertility treatment
Proven Track Record
Kenneth Lees, Head of Department, has extensive experience in bringing stillbirth claims to a successful conclusion and securing meaningful compensation for bereaved families. His past cases include:
- Mrs A’s first pregnancy was straightforward until around 27 weeks gestation when she vomited blood and noted reduced foetal movements. She attended hospital and was given medication to stop her vomiting. She was sent home. She experienced the same symptoms four weeks later and returned to hospital. A urine sample was taken and sent for analysis. The midwives failed to perform an ultrasound scan or a CTG. Mrs A developed abdominal pains, high temperature, rapid pulse and high blood pressure. Despite a CTG showing reduced foetal movement, her care was not prioritised, and her baby was delivered stillborn. Mrs A developed depression. Multiple missed opportunities to investigate and intervene were admitted by the hospital. Compensation of £40,000 was secured.
- Mrs B’s pregnancy was escalated for consultant-led care due to worsening asthma. Serial ultrasound growth scans were performed which revealed increased foetal growth velocity. She was referred for early induction to try to minimise the risk of shoulder dystocia because her baby was big. Documentation and advice given to pregnant women about delivery methods did not include information about the risk of stillbirth or neonatal death as a result of shoulder dystocia. Mrs B elected for vaginal delivery but, sadly, her baby was stillborn after suffering hypoxic brain injury due to shoulder dystocia. Mrs B developed depression. It was established that if properly advised Mrs B would have chosen caesarean section and her baby would have lived. Compensation of £35,000 was secured.
- Miss C experienced multiple breaches of duty in the management of her pregnancy including the failure to perform a 40 week growth scan and the failure to treat an E.coli urinary tract infection. These failures meant that late onset growth restriction went undetected, and the UTI progressed to acute chorioamnionitis which caused hypoxia and led to intrauterine death. Miss C developed adjustment disorder with anxiety and depressed mood. It was established that but for these failures of care the baby would have lived. Compensation of £40,000 was secured.
- Mrs D was pregnant for the fourth time. She required cervical cerclage. Following placement of the cervical cerclage, she developed vaginal discomfort, vaginal loss and reduced foetal movements. A high vaginal swab revealed E.coli infection. After a delay, antibiotics were administered. Whilst Mrs D’s symptoms eased, foetal growth was subsequently noted to slow but was not acted upon. She had a spontaneous rupture of membranes and attended hospital where monitoring was commenced but there was a failure to act to escalate care and expedite delivery. Intrauterine death occurred. Postmortem confirmed that the cause of death was chorioamnionitis. It was argued that there were multiple failures of care and that, but for these failures, the baby would have lived. Compensation of £43,000 was secured.
- Mrs E had a spontaneous rupture of membranes at 32+4 weeks gestation of her first pregnancy. A urine test was positive for E.coli. The plan was for antibiotics to be given and for transfer to a labour ward at a local hospital specialised in the care of preterm babies. Following transfer, no antibiotics were given and she was discharged home with advice to return to the original hospital for follow up, despite no appointment having been made. That evening, Mrs E noted vaginal bleeding and no foetal movements. She returned to hospital where intrauterine death was confirmed. It was asserted that Mrs E should have been admitted for close observations and antibiotic treatment and that, but for the failures of care, her baby would have lived, and she would not have sustained psychological injury. Compensation of £46,000 was secured.
Start Your Stillbirth Compensation Claim Today
If your family has suffered a stillbirth that you believe was caused by medical negligence, contact O’Donnell Solicitors for a free, confidential discussion.
Call us on 01457 761 320, email enquire@odonnellsolicitors.co.uk, or complete our online enquiry form to arrange your initial consultation.
