Stillbirth Due To Clinical Negligence

Stillbirth babies are born dead after 24 weeks or more gestation and in one year in the UK between 5 and 6 babies in every 1000 are stillborn.

The commonest causes of stillbirth are;

• Congenital defects
• Placenta coming away from wall of the uterus
• High blood pressure
• Diabetes
• Reduced oxygen levels to the baby (either while in the uterus or during birth)
• Infection

Sometimes the cause of death is clear and good information about the underlying condition is available but often there is no satisfactory explanation. Death can occur suddenly in otherwise apparently normal mature infants and at present about half of stillbirths remain unexplained.

Even if the cause of death is identified (such as lack of oxygen) it may not be possible to explain what started the chain of events that lead to death.

Many obstetricians will routinely induce all mothers with even moderately raised blood pressure and those who are significantly past their due date in an attempt to reduce the number of stillbirths, but often there is no action that can be taken to avoid the tragedy of a dead baby. Many parents have to live with not ever knowing fully what happened.

Parents need to know that everything that might have been done to avoid the baby's death was done and support and explanation to the parents in such circumstances is a basic requirement of good practice.

An official enquiry concluded that 45% of stillbirths "had sub-optimal care that might have contributed to the outcome"

Key areas of concern in the report were:

• Ante-natal risk management
• Referral practices during pregnancy
• Management of growth restriction of babies in the uterus
• Foetal movement issues (reported by mother and acted on by professionals)
• Communication issues
• Importance of advising mothers on the risks of smoking and the importance of attending ante-natal checks.

All reports into stillbirth have highlighted the need to improve communication between parents and maternity professionals. Many mothers are aware of the normal patterns of movements and growth of their baby and if there are concerns these should be heard and investigated by the professionals.

Nothing is more devastating for a bereaved parent than the fear that something could have been done that might have changed the outcome.

Stillbirth cases can be very complex and it is essential to have a solicitor experienced in the field of medical negligence law. These cases are often strongly contested and it takes the skill of a specialist solicitor to recover maximum damages.

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