What Is a Negligence Claim for a Stillbirth?
Stillbirth is where a baby dies in the womb after 24 weeks of gestation with no signs of life at birth.
A negligence claim for a stillbirth is a type of medical negligence or birth injury claim parents can bring if medical care fell below the expected standard during pregnancy, labour, or delivery.
Losing a baby in this way is deeply devastating, and the emotional impact can last a lifetime. If medical errors contributed to your loss, pursuing a claim can help you get answers, hold the right people accountable, and secure support for your family during this incredibly difficult time.
Common Causes of Stillbirth Negligence
Not all stillbirths are preventable, and a large proportion occur in seemingly healthy babies. However, in the UK, around one in 250 babies are stillborn because of trauma or an event that was not well-managed or anticipated.
Through our work supporting families in stillbirth compensation claims, we regularly see cases involving:
- Failure to act on reduced movements - Pregnant mothers should never be dismissed if they notice a decrease in fetal activity.
- Inadequate monitoring - Lack of proper fetal heart rate checks or misinterpretation of cardiotocography (CTG).
- Failure to identify growth restrictions - If it is presumed during regular antenatal check-ups that foetal growth has trailed off or slowed down, the mother should be regularly monitored and assessed with growth scans.
- Delayed or missed diagnosis of conditions - Overlooking serious pregnancy complications like placental abruption, pre-eclampsia, gestational diabetes, obstetric cholestasis or infections.
- Failure to treat Group B Strep -If Group B Strep is suspected, antibiotics should be given before labour. There may be a delay or total failure to administer this, or results may not be followed up after birth.
- Mismanagement of high-risk mothers - Mothers over 40, who have conceived via IVF or with conditions such as diabetes and pre-eclampsia, should be closely monitored throughout their pregnancy. Often, they should not be allowed to reach 40 weeks before delivering their baby, due to an increased risk of stillbirth after 37 weeks.
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Incorrect medication or missed treatment – Giving the wrong medication, incorrect dosage, or failing to provide necessary treatment during pregnancy or labour can place both mother and baby at serious risk.
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Failures in communication and care coordination – Poor handovers between midwives, doctors, or hospital teams, or not properly listening to parents’ concerns, can lead to dangerous delays in diagnosis or urgent treatment.
Who Can Make a Stillbirth Claim?
Parents may bring a stillbirth claim if medical negligence contributed to the loss of their baby.
Claims can cover:
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Physical impacts on the mother during pregnancy or delivery
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Emotional suffering such as grief, trauma, or anxiety
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Financial losses including therapy, medical care, funeral costs, or lost income
Stillbirth Compensation Claims Process
We know pursuing a stillbirth claim can be very emotionally challenging, which is why our team are here to support you through the process:
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Eligibility check – We assess if your case may be valid.
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Free consultation – Discuss the circumstances, your losses, and next steps.
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Evidence gathering – We collect medical records and consult independent experts.
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Representation – We act on your behalf and explain compensation calculations.
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No Win, No Fee – Most claims are low-risk otherwise known as a Conditional Fee Agreement; you don’t pay legal fees if the claim is unsuccessful.
After your consultation, our specialist stillbirth solicitors will start gathering the evidence needed to support your case. We understand how difficult this time is, and we handle the claims process with care and sensitivity, so please get in contact so we can make things as straightforward as possible for you.
Cases Handled by Our Experts
Our team of solicitors has recovered many millions of pounds in stillbirth negligence claims and compensation for vulnerable clients. Browse our case studies to learn how we've helped families through difficult times:
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£300,000 – Awarded to a mother following the stillbirth of her baby after her pelvic pain concerns were not properly investigated, leading to both physical and psychological harm.
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£120,000 – Secured for a mother after failures to classify her pregnancy as high-risk, resulting in the preventable stillbirth of her unborn child.
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£100,000 – Recovered for a mother whose baby was wrongly presumed stillborn due to serious errors in hospital care.
Start a Conversation about Your Stillbirth Compensation Claim Today
Losing a baby is an unimaginable heartbreak. With over 30 years’ experience in stillbirth negligence claims, our specialist team is here to listen with compassion and guide you gently through the legal process.
If you think you have been impacted by medical negligence our specialist team will review the care you received before, during and after birth.
