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Updated on 26th March 2026. The loss of a baby is a tragic event, and could be made all the worse if it was the result of medical negligence. If you’re looking for information on birth injury compensation claims, this guide will provide all the useful details you need to seek compensation.
Our guide details what medical negligence claims need to prove to be valid and who might be eligible to start one. We look at claims against the NHS and some typical scenarios of how a stillbirth might occur. Compensation is also discussed, and we explain what it can cover and how it is calculated.
After explaining what proof is needed to show medical negligence, we look at the time limits involved. Our final section explains how one of our solicitors could help you initiate a compensation claim using a type of No Win No Fee agreement. Freeing you from the worry of upfront and ongoing costs.
Please read on to learn more about birth injury claims. We understand that this is a very difficult time for you and invite you to speak in person to our team of advisors at any point as you read:
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Frequently Asked Questions
- What Are Stillbirth Compensation Claims?
- Who Can Make Stillbirth Compensation Claims?
- Can I Claim Against The NHS For My Stillbirth?
- How Can Negligence Cause Stillbirths To Happen?
- How Much Compensation Could I Get For Making A Stillbirth Negligence Claim?
- How Can I Prove My Stillbirth Happened Due To Negligence?
- Do I Have To Make A Stillbirth Claim Within A Certain Amount Of Time?
- If I Claim, Will I Be Required To Attend An Inquest?
- Am I Able To Make A No Win No Fee Stillbirth Claim With Advice?
- How Advice’s Solicitors Can Help You Claim After A Stillbirth
- More Information That May Help You
What Are Stillbirth Compensation Claims?
Stillbirth compensation claims are a form of medical negligence claim made against either the NHS or private clinics. They can be made to compensate the family for the physical, psychological and financial harm caused by the loss of a baby after 24 weeks of pregnancy.
Who Can Make Stillbirth Compensation Claims?
Those who can make stillbirth compensation claims are able to prove that a medical professional’s negligent actions directly caused the loss of their baby.
It’s important to confirm the eligibility of stillbirth compensation claims. As a result, we have provided the specific eligibility requirements to compare against your own stillbirth negligence claim below:
- You were owed a duty of care – Every medical professional owes their patients a duty of care as soon as they agree to treat them. This translates as providing them with a minimum standard of care recognised by the relevant Health and Social Care bodies.
- The duty of care was breached – For medical negligence stillbirth compensation claims to be valid, the claimant must prove that the duty of care owed to them was breached. For example, a midwife took frequent and long cigarette breaks, leaving a birthing patient unattended for long periods of time.
- This breach caused you to suffer harm – To make sure the eligibility requirements are met, you must have suffered physical or psychological harm as a direct result of the medical professional’s negligent actions. For example, due to the baby’s heart monitor not being closely watched, the midwife was unable to quickly intervene when the baby’s heart rate suddenly dropped. This resulted in the baby being stillborn.
Did you know that our advisors can assess the eligibility of stillbirth medical negligence claims for free? If you would like your claim’s eligibility assessed, please connect with an advisor today.
Can I Claim Against The NHS For My Stillbirth?
You can launch a claim against a negligent healthcare provider, whether the NHS or a private company runs the prenatal clinic. All registered midwives and clinicians have a duty to provide services that comply with standards expected from a competent professional, as laid out by the Royal College of Midwives and the Royal College of Paediatricians and Child Health.
A successful claim against the NHS is paid out from a designated fund set aside by them to deal with claims. The private clinic would settle the compensation via its insurance company. If you would like further guidance on stillbirth compensation claims, please contact the team.
How Can Negligence Cause Stillbirths To Happen?
Next, we look at some of the ways that negligent care can cause a stillbirth to happen and form the basis for an eligible claim:
Reduced Movements Ignored
It can be a form of negligence not to routinely check that the baby is moving as expected. An example would be a paediatrician failing to perform a scan to check that the baby is not in a position that might cause distress and harm. This might result in essential action not being taken to protect the baby and mother.
Inadequate Monitoring Of the Baby
In a similar way, it is part of the healthcare provider’s duty to check the baby’s heartbeat and other vital signs. For example, the paediatrician or midwife might fail to check any patient notes that raised potential concerns during any previous pregnancies. Or they might fail to interpret scan results correctly, which could have flagged up a risk.
Growth Restrictions Unidentified
Properly monitoring the baby and its development is also a key responsibility for healthcare professionals involved. If the baby is pressed into an awkward position, it could fail to develop correctly and suffer either disability or stillbirth as a result. Placental issues can mean that a timely intervention is required. So scans, fundal height measurements, and responses to reduced movements are all steps that should be taken to avoid this.
Undetected Placental Abruption
This is when the placenta prematurely detaches from the uterine wall before delivery. If undetected, it can cause severe complications such as lack of oxygen to the baby, resulting in brain damage and death. Healthcare providers must be alert to this risk at crucial stages in the pregnancy and delivery.
Group B Strep Left Untreated
If left untreated, Group B Strep infections can trigger sepsis, pneumonia and meningitis in newborns that could result in a fatality. Prompt treatment can bring about a full recovery, so any delayed diagnosis that leads to a fatality could be grounds for medical negligence claims for compensation.
Inadequate Management Of High-Risk Mothers
Some mothers may have health conditions or personal issues that create additional risks. If this is the case, the healthcare provider must be alert to their needs and how it might impact the unborn child. For example, a clinician who fails to intervene with a mother who is actively abusing drugs could be held responsible for how this affects the baby.
With this in mind, whatever the exact basis for the stillbirth, if you feel that a negligent level of healthcare was the root cause, speak to our advisors about stillbirth compensation claims or any other negligence compensation FAQs you might have.
How Much Compensation Could I Get For Making A Stillbirth Negligence Claim?
Between £66,920 and £141,240 could be awarded for very severe psychiatric harm in stillbirth compensation claims. This figure is provided by the Judicial College Guidelines (JCG). However, it only applies to the injury suffered and not any related expenses. Once related out-of-pocket costs are considered, the overall settlement could be up to £250,000 or more.
Compensation Brackets
Other guideline figures from the JCG that might apply to a stillbirth negligence claim include:
- (a) Severe psychiatric harm that massively impacts all areas of the person’s life and permanently prevents their ability to cope – £66,920 up to £141,240.
- (b) Moderately severe cases where, despite similar issues to the bracket above, the person is considered to have a more positive prognosis than in the most severe cases of psychiatric harm – £23,270 up to £66,920.
- (c) Moderate cases where a marked improvement in mental health is detected by the point at which a trial may take place – £7,150 up to £23,270.
- (d) Less severe examples are dealt with in this bracket, with duration of injury being the guiding factor – £1,880 up to £7,150.
- (a) Severe PTSD (Post-traumatic stress disorder) reactions that impact the person on all levels and prevent them from coping as they did prior to the traumatic event – £73,050 up to £122,850.
- (b) Moderately severe cases of PTSD where the person benefits from some level of professional counselling – £28,250 up to £73,050.
- (c) Moderate PTSD, the award for which is guided by whether the person has largely recovered and remaining symptoms are not grossly disabling – £9,980 up to £28,250.
- (d) Less severe examples of PTSD where an almost full recovery is noted within 12 – 24 months, and remaining symptoms are considered minor. – £4,820 to £9,980
Please note that compensation is calculated on a strictly case-by-case basis. The above list does not represent the individual circumstances of your compensation claim and thus should only be used as a guide. For a more comprehensive calculation, please speak to a member of our advisory team.
Compensation For Mental Harm
If successful, general damages can be awarded for the physical and psychological impact of negligent care. Some factors that might influence the calculations include:
- The severity of the injuries you’ve suffered.
- The long-term disability or impairment created in your life (such as severe PTSD).
- Loss of amenity. This refers to an inability to do things you were once able to do after the negligence.
An independent medical assessment may help determine the full extent of your physical pain and psychological suffering. These findings are then compared with publications like the Judicial College Guidelines (as seen in our list above), which list guideline bracket amounts for various injuries based on their severity.
How Will The Compensation I Receive Help Me?
Compensation could help financially as well. Special damages are the head of loss that compensates for the financial harm caused by the medical negligence. Some financial losses that may qualify for reimbursement include:
- Proof of counselling and therapy costs.
- Loss of earnings prompted by the experience.
- Medication costs.
- Travel expenses to essential appointments.
It is essential that you can put forward documented proof of these losses. So keep hold of any receipts, statements, payslips, estimates or other documents that relate to what happened. If you would like to discuss general and special damages in more detail, please reach out via the live chat feature below, call us or drop us an email.
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How Can I Prove My Stillbirth Happened Due To Negligence?
Some examples of useful proof may be as follows:
- Copies of the medical notes relating to the circumstances of the stillbirth.
- The findings of any investigation carried out by the hospital or private clinic.
- Copies of the post-mortem confirming the cause of death.
- Evidence of any related financial losses suffered because of the stillbirth.
Understanding how to prove that substandard healthcare during labour or delivery created circumstances for a stillbirth is the foundation of a compensation claim. It’s important to collect as much evidence as you can that illustrates substandard medical care during pregnancy or labour caused the stillbirth.
If you decide to seek representation with a solicitor, then they can assist you in gathering evidence. Why not see if our solicitors could help? Call the team to discuss stillbirth compensation claims.
Do I Have To Make A Stillbirth Claim Within A Certain Amount Of Time?
You will generally need to start a medical negligence claim within the 3-year time limit. This is set by the Limitation Act 1980. This date could start:
- From the day the stillbirth occurred.
- The day you realised that the stillbirth was caused by substandard medical treatment, such as following a pathology report.
However, some exceptions to this rule apply:
- If the birthing mother was under 18 at the time, the time limit is paused until her 18th birthday.
- The time limit is suspended if the mother lacks the mental capacity to handle a claim. It will only start if she recovers this capacity.
In cases like this, a litigation friend may start the claim immediately. However, if the time limit starts without a claim having been made, then it will run for 3 years.
Our team are happy to discuss time limits and litigation friends in more detail. If there is any part of the stillbirth compensation claims process you would like to chat about, please get in touch.
When Will I Receive My Compensation?
A variety of factors can shape how quickly compensation is received if stillbirth claims are successful. For example:
- Did the claim need to go to court?
- Were the courts waiting for expert testimony, medical records or witness statements?
- How complex were the injuries and expected recovery?
- Also, was a reasonable settlement amount offered?
All the above factors might influence the length of time it takes for compensation to be awarded. Our solicitors are experts at navigating these potential issues, and it’s worth seeing if they could handle them for you.
If I Claim, Will I Be Required To Attend An Inquest?
Typically, you will not be required to attend an inquest for a stillbirth. However, in March 2019, the Ministry of Justice released a press statement about the Government’s intention to change the rights of parents to request an investigation by a coroner after a stillbirth.
For many parents, this could allow a helpful degree of closure to the tragic event and could also form useful evidence for any compensation claim they intend to make for negligence. Call to see how one of our solicitors could support you through this.
Am I Able To Make A No Win No Fee Stillbirth Claim With Advice?
Yes, you are able to make a No Win No Fee stillbirth claim with Advice via a Conditional Fee Agreement (CFA) contract.
This funding option provides eligible claimants with several important financial benefits:
- You won’t pay solicitor service fees while your claim is in progress
- You won’t be caught off guard by having to pay any upfront solicitor service fees
- You won’t pay solicitor service fees if your stillbirth negligence claim fails
If your claim is successful, you will be expected to pay something called a success fee. Don’t worry, this is paid directly out of your medical negligence compensation, and it will be contained to a specific percentage under the Conditional Fee Agreements Order 2013. In other words, you will walk away with the majority of your compensation, which is exactly what you deserve.
Our solicitors adhere to shared fundamental beliefs that help streamline their work to prioritise client wellbeing at all times. Moreover, they are equipped to handle a diverse array of claims and build cases in a way that maximises benefits and results for the client. Here at Advice, our solicitors carry your claim with you and will push your case to reach its full potential. If our legal representation seems like the right fit for you, please get in touch.
How Advice’s Solicitors Can Help You Claim After A Stillbirth
Advice’s solicitors can help you claim after a stillbirth directly alongside client-focused support services that mould and adapt around individual claimant needs. Here at Advice, we’re proud of our client services because they reflect our expectations and values, which are directly centred around helping the claimant.
Please take a look at the different kinds of support we offer here at Advice:
- Suffering the loss of a newborn is a devastating event, and that’s why we ensure that both parents are put in touch with the correct mental health professionals.
- A stillbirth is not just a medical event; it’s a family tragedy, and that’s why we foster an environment during the claims process that supports both the psychological and emotional well-being of the whole family, not just the parents.
- With our proven track record of positive outcomes, we will actively fight to ensure that your medical negligence compensation is of the highest value and accurately mirrors the physical, psychological and financial harm you have experienced.
- We will utilise robust evidence to support your claim, such as antenatal notes, CTG traces, and expert reports detailing any failures to diagnose conditions.
- We provide clear and transparent communication to each and every client so that you feel empowered to make informed decisions around your claim. You will always have the final say.
This is not an exhaustive list. Contact our advisors today to learn more about the support we offer.
Contact Us
- Call the team on 0161 509 2856
- Sending a message through this contact us page
- Sending a message through our pop-up messenger
More Information That May Help You
The resources below are a mixture of guides from our website and external resources that may be helpful:
- This guide looks at birth injury compensation claims in more depth.
- In addition to this, here is information about misdiagnosis claims for negligence.
- Here is information about medical negligence compensation in general.
External resources:
- Read about Tommy’s, the UK pregnancy and baby charity.
- Also, Sands offers help to bereaved families.
- Lastly, the Lily Mae Foundation provides support as well.
In conclusion, please reach out to the team if you have any other questions about stillbirth compensation claims and our medical negligence solicitors.
