What Is Medical Negligence for Neonatal Death?

What is classed as a 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, and a stillbirth is where a baby passes away before or during birth, 24 weeks after gestation. This is referred often as “born sleeping”.

Thankfully stillbirth rates have reduced in recent years, but neonatal deaths have plateaued. The lifelong impact of knowing a neonatal death could have been avoided remains devastating and painful for families.

Medical negligence for neonatal death refers to when a baby has died within the first 28 days of life due to failures in medical care that fall below an acceptable standard. These failures cause or contribute to the death.

Explore birth injury claims for more information.

 

What Are Examples of Neonatal Death Negligence?

Not all neonatal deaths are preventable, but some are brought about by medical negligence. Examples of neonatal death caused by negligence include:

  • Failure to adequately monitor the baby – negligence could involve staff failing to monitor the baby properly in hospital, such as not identifying a lack of foetal heart rate monitoring or incorrectly interpreting 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 – if the baby is born not breathing or with low oxygen levels, immediate resuscitation is critical. Negligence may occur if equipment is not used correctly or if there is a delay in transferring the baby to a neonatal intensive care unit.
  • Inadequate infection control – infections other than Group B Strep, such as sepsis and meningitis, must be identified and treated properly. Negligence may include a delayed diagnosis of infection symptoms or failure to administer antibiotics 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.

 

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 and treat pregnancy complications, such as infections
  • Made errors or delays during delivery
  • Did not communicate risks or abnormalities, which may have influenced your pregnancy 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 have a conversation about the following:

  • Whether you have a valid neonatal compensation claim
  • The extent of your suffering as a result of neonatal death negligence
  • Any necessary details and documentation our solicitors require
  • How our team will manage your neonatal death negligence claim
  • The compensation you could attain

After the consultation, we will start to gather the documentation we need to support your case. We know that going through the claims process can be challenging, so please get in contact with us to discuss your situation further.

Browse our case studies in this area to see how we handle the process for our clients.

 

 Talk to Us about Your Neonatal Death Compensation Claim Today

At Medical Solicitors, we understand that grieving such a loss is an indescribably emotional and vulnerable time; our experts are compassionate and will help you make sense of the process, leading 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 professional team today. We can talk you through 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 FREE, no obligation legal advice all throughout
  • Our processes are hassle free & we handle all the paperwork
  • We won't charge you a penny until your case has been settled

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.

Frequently Asked Questions

Here are our most frequently asked questions about neonatal death claims claims: