Losing a baby is one of the most devastating experiences a family can face, and the emotional impact can last a lifetime. If you believe medical negligence may have contributed to your loss, the thought of making a neonatal death compensation claim can feel overwhelming. Our experienced medical negligence solicitors are here to support you with sensitivity, understanding, and clear guidance every step of the way.

No amount of compensation can undo your loss. But a neonatal death negligence claim can provide answers, accountability, and financial support.

What Is Medical Negligence for Neonatal Death?

Neonatal death is when a baby is born alive but passes away within the first 28 days of life. In contrast, the loss of a baby before 24 weeks is classed as a miscarriage, while a stillbirth refers to a baby who passes away before or during birth, 24 weeks after gestation.

Thankfully stillbirth rates have improved in recent years, neonatal deaths  have remained largely unchanged. The impact of knowing that a neonatal death could have been prevented is devastating for families.

Medical negligence for neonatal death happens when a baby dies within the first 28 days due to failures in medical care that fall below an acceptable standard. These failures directly cause or contribute to the death.

Negligence may occur during:

  • Pregnancy

  • Labour and delivery

  • Immediate postnatal care

  • Neonatal intensive care

What Are Examples of Neonatal Death Negligence?

Not all neonatal deaths are preventable, but some result from medical negligence. Our specialist solicitors have over 30 years’ experience handling these claims. Common examples we see include:

  • Failure to adequately monitor the baby – Cases where hospital staff did not properly monitor the baby, such as failing to check foetal heart rates or misinterpreting cardiotocography (CTG) results.
  • Failure to treat Group B Strep - Antibiotics should be given before labour, should group B strep be suspected, and a failure or delay to do so could be fatal.
  • Delayed or failed resuscitation after birth – Instances where a baby was born not breathing or with low oxygen levels, and resuscitation was delayed or equipment was used incorrectly, including delays in transfer to neonatal intensive care.
  • Inadequate infection control – Cases involving delayed diagnosis or treatment of infections such as sepsis or meningitis, where antibiotics were not administered when needed.
  • Poor delivery management – Labour may lead to oxygen deprivation (hypoxia) if medical professionals do not act quickly enough when signs of distress appear or fail to perform a timely C-section.

Our team has extensive experience handling these types of neonatal death claims, supporting families and investigating whether substandard care before, during, or after delivery contributed to the tragic loss.

Neonatal Death Compensation Claims Process

We know that making a neonatal death compensation claim can be difficult, but we’re here to talk whenever you’re ready to. Our team of friendly medical lawyers will help you identify your eligibility. You may be able to make a neonatal death claim if your medical professional:

  • Failed to identify or treat pregnancy complications, such as infections

  • Made errors or delays during delivery

  • Did not communicate risks or abnormalities that could have influenced your decisions

  • Provided inadequate postnatal care

  • Made medication or dosing errors

  • Mismanaged a high-risk pregnancy

  • Failed to refer you or your baby to specialist care

Once you know you are eligible, you can submit a neonatal death claim to us. We can offer you a free, no-obligation consultation, where we will support you through the process:

  • Eligibility check – We assess whether your case may be valid.

  • Free consultation – Discuss your circumstances, losses, and next steps with our specialist solicitors.

  • Evidence gathering – We collect medical records and consult independent experts to support your claim.

  • Representation – We act on your behalf and explain how compensation is calculated.

  • No Win, No Fee – Most claims are handled on a Conditional Fee Agreement, so you don’t pay legal fees if your claim is unsuccessful.

We understand that the claims process can feel overwhelming, so please contact us to discuss your situation and get guidance. You can also browse our case studies to see how we've supported families through these difficult claims.

Talk to Us about Your Neonatal Death Compensation Claim 

At  Medical Solicitors, we understand that losing a baby is an incredibly emotional and vulnerable time. Our compassionate experts will guide you through the process, supporting you every step of the way.

If you think you have been affected by neonatal death negligence, please don’t hesitate to get in touch with our team today. We can explain the claims process and help you get your neonatal death claim started. Most of our claims are conducted under conditional fee agreements, so you have nothing to lose by reaching out to us and don’t have to worry about how you will fund a claim.

Why Choose Us?

We’ve handled many different types of medical negligence cases and provided expert advice for over 30 years.

  • We offer a FREE, no obligation initial conversation about your potential case
  • If we can take your case forward, we will handle all paperwork and explain our hassle-free processes and next steps
  • If you win, we seek payment of costs from the other side (for compensation deductions ask for our free guide)

Our birth injury claims expert:

Caroline Moore

Managing Director/Head of Sheffield Office

Neonatal Death Negligence Claims: FAQs

Here, we’ve addressed some of the most frequently asked questions regarding neonatal death compensation claims. If your question isn’t addressed here, please contact our team for more details.

  • Who can bring a neonatal death negligence claim?

For neonatal death claims, the claim is for the mother and the estate of the deceased child. This will usually be compensation for the pain and suffering of a psychiatric injury caused by the death of her child, as well as the loss of satisfaction. The mother will generally also be entitled to a statutory bereavement award. Secondary victims, such as the other parent, may, in certain limited circumstances, also be able to claim for psychological injuries.

  • What is the average payout for medical negligence resulting in death in the UK?

In neonatal death claims, it is possible to claim for the estate of the deceased child, meaning a fixed sum statutory bereavement award is given. This was £12,980 for deaths before 1 May 2020, and £15,120 thereafter. This statutory award is available either to the mother or to the parents of the deceased child (split equally between the two parents).

Financial losses can also be claimed, including funeral costs for the baby and the cost of the layette (outlay on baby equipment etc).

Compensation for psychological harm for the mother is generally available. Compensation for secondary victims, like the baby’s father, or close relatives, such as a grandparent who witnessed the traumatic events is possible though such claims are very limited now and allowed only in certain limited circumstances.

The amount given will depend on the individual circumstances of each case. Explore our payout guide for more information.

  • What is the difference between a stillbirth and neonatal death?

By law, the difference between stillbirth and neonatal death is that a stillborn child and its mother are legally classed as one single entity. This means that the claim is brought as the mother’s claim, whereas in a neonatal death case, there is not only a claim for the mother (or father) but also a claim on behalf of the deceased baby. Explore our stillbirth claims page.

  • What available support is there?

Whether your loss was preventable or not, it's important to reach out for help getting through this heartbreaking time. See our list of support resources for those dealing with grief, including resources for those who have lost a baby.

How Medical Solicitors Can Help You

We have been supporting and winning compensation for our clients for over two decades. Operating throughout the UK, we have a team of 15 friendly staff, made up of qualified solicitors, legal executives, legal assistants and administrative staff who are here to listen and guide you through your clinical and medical negligence claim.
  • We offer FREE, no obligation advice

  • We can help determine if you have a claim

  • We help you get your claim started and guide you throughout

  • We offer help, advise, get answers and secure justice for our clients

  • We offer No Win, No Fee agreements

Want to learn more about how we can help you? Get in touch

What’s Our Process

Medical Solicitors operates very differently from most other law firms. We won’t ask you to sign a contract straight away. First, we will take the time to understand your case, gather information, advise on the way forward, and if we believe you have a claim, offer a No Win, No Fee agreement.
  • Talk to us

    A claim starts with a no-obligation chat. We want to understand your case and if we can help. This can be done by email or telephone whichever you prefer.
  • We Advise

    We will advise you on the way forward. Whether that is raising a complaint with the health provider initially, or proceeding straight to obtaining medical records.
  • We Investigate

    A senior member of our team will review your case and decide if we can further investigate your claim for you.
  • We Take Action

    If we believe there is a case to investigate. We will offer you a NO Win, No Fee agreement.
  • We Keep you Informed

    As we progress your claim, we will keep you informed every step of the way.