In England, research by Tommy’s shows that stillbirth sadly affects approximately 1 in every 250 pregnancies. Often, in these cases a stillbirth is caused by factors like problems with the placenta which cannot always be treated successfully even with the best medical care. However, in rare cases, negligent care provided by a midwife, doctor, or other medical professional can lead to a stillbirth.

Needless to say, this is an unimaginable tragedy for expectant mothers and their family members. If medical negligence caused the stillbirth of your baby, you may be eligible to make a medical negligence claim that can help you get the support you need. It can provide financial support during any time off work, and cover the costs of treatment for post-traumatic stress disorder and other psychological effects.

At JMW, our stillbirth solicitors specialise in supporting parents who have sadly lost a baby due to medical negligence. Here, we outline what is considered negligence or malpractice by doctors, midwives and other practitioners during pre and postnatal care, along with the circumstances under which you can seek justice and compensation for your stillborn baby.

How can medical negligence cause a stillbirth?

Medical negligence occurs when healthcare providers fail to provide a reasonable standard of care and this leads directly to avoidable harm. If pregnancy loss occurs before 24 weeks, it is legally classified as a miscarriage. After this point, it is deemed a stillbirth.

To succeed with a clinical negligence claim, you must demonstrate that the care you received was negligent and that this negligence caused the stillbirth. Negligence can occur at any stage during pregnancy, or even during delivery. There are many circumstances in which you may be able to make a legal claim for compensation, and the examples provided below illustrate some of the most common ways in which medical standards are breached.

Errors during pregnancy

Errors during pregnancy often involve missed opportunities for intervention. Doctors and midwives should monitor your pregnancy carefully and act on any signs that your baby's health may be at risk. While a midwife's actions will rarely cause a stillbirth at this stage, a lack of action (for example, in response to a maternal infection) could still amount to negligence.

Common failings that could lead to a medical negligence claim include:

• Failure to monitor reduced fetal movements: Healthcare providers must act immediately if you report reduced fetal movements. Failing to perform CTG or a Doppler ultrasound scan to check the baby's development and heart rate may be considered negligent. If a stillbirth occurred because these reports were ignored, you may have a valid claim.
• Missed signs of fetal growth restriction: Midwives and doctors must monitor a baby’s growth during every antenatal appointment. A failure to identify that a baby is small for its gestational age or is not growing at the expected rate is a common factor in stillbirth cases. Without appropriate monitoring, opportunities to investigate concerns further and intervene to reduce the risk of harm may be missed.
• Failure to identify signs of pre-eclampsia: High blood pressure and protein in your urine can be symptoms of pre-eclampsia. If pre-eclampsia is not recognised and treated, it can restrict the baby's growth, reduce the blood supply to the placenta and, in severe cases, lead to stillbirth. 
• Management of gestational diabetes: Healthcare providers must screen for and manage gestational diabetes. A stillbirth negligence claim can arise if medical staff fail to provide the correct medical treatment or monitoring for this condition. The NHS website provides guidelines on how certain conditions should be monitored.
• Failure to investigate vaginal bleeding: Vaginal bleeding during pregnancy requires immediate investigation. If medical professionals fail to admit a patient for observation or perform necessary scans, they may miss signs of placental abruption or other complications. 

In order to be successful in a claim for clinical negligence, you also need to be able to prove that the outcome would have been different had the correct care been provided. In most cases, the above symptoms will be treated or managed successfully. However, if not treated and your baby is stillborn as a result, you may be entitled to claim.

Errors in labour and delivery

Maternity services must provide high-quality monitoring during labour. Many stillbirth negligence claims arise from failures to identify and respond appropriately to signs that a baby is becoming distressed during labour. The incorrect interpretation of CTG traces, which monitor the baby's heart rate and the mother's contractions, is a common factor in negligence. If medical professionals fail to recognise signs of fetal distress, they may miss the opportunity to deliver your baby via a caesarean section before the baby comes to harm. 

A cord prolapse is a medical emergency where the umbilical cord slips through the cervix in front of the baby’s head, potentially cutting off the oxygen supply. Proper maternity care requires instant recognition and action, as a failure to respond immediately to problems with the cord can lead to a stillbirth. If a stillbirth happened as a result of these failings, speak to the team at JMW for advice on whether you can make a compensation claim, and sensitive legal support throughout the claims process.

How do you prove a stillbirth negligence claim?

If you are unsure whether or not you are entitled to make a claim, an experienced solicitor can advise you. At JMW, our role is to gather evidence on your behalf and pursue the compensation you are entitled to, which involves establishing two key legal points: breach of duty and causation.

A breach of duty means the care provided fell below the standard expected of a competent professional in that field. All midwives and doctors owe a duty of care to patients, which means that they must deliver care that meets the necessary standards.

Causation means showing that the breach of duty caused the baby's death and that, if the correct action had been taken, the baby would have survived.

We will use medical records to establish a timeline of your pregnancy and labour. We scrutinise these records to identify discrepancies or instances where medical professionals may have failed to follow safety protocols through a formal investigation process. We will obtain a witness statement from you and also instruct an independent medical expert to review the available evidence. They will advise whether a breach of duty occurred and, if so, whether appropriate care would have led to the stillbirth being avoided. 

Many successful stillbirth claims are resolved through negotiation and settlement, without the need for a trial. Once the evidence has been gathered and the expert opinions obtained, we will present your case to the healthcare provider responsible for your care and seek to secure the answers, accountability and compensation you deserve. If court proceedings become necessary, we will guide and support you through every stage of the process.

Is there a time limit for a stillbirth claim?

In England and Wales, you generally have three years from the date on which the stillbirth occurred to start court proceedings and protect your right to bring a claim. If you only became aware of the negligence at a later date, the three-year period may start from that "date of knowledge." It is important to act quickly, to meet these strict time limits and ensure evidence can still be gathered. Learn more in our guide to clinical negligence time limits.

How much compensation can I claim?

A stillbirth compensation claim aims to provide you with the necessary support following the loss of your baby.

If your case is successful, you will generally be able to recover compensation for the following:

• Any physical harm and emotional distress which you have suffered
• The cost of any private therapy or counselling which you may require. 
• Care and assistance
• The cost of any items, such as clothing, bedding, nappies, and toys which you purchased in anticipation of a successful birth
• Loss of earnings
• Funeral and memorial costs

How JMW supports you

The clinical negligence department at JMW is dedicated to helping families navigate stillbirth compensation claims. Our team includes members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (Avma) solicitors panel. Our solicitors provide a supportive environment in which to discuss your experience. We handle all communication with healthcare providers and their legal teams on your behalf, and take a sensitive approach to these discussions.

Most of our stillbirth negligence cases are handled on a no win, no fee basis. This means there is no financial risk to you, and you will only pay something if your compensation claim is successful. Aside from legal support, we can also put you in touch with charities like Sands (the Stillbirth and Neonatal Death Charity), which provide invaluable resources for bereaved parents and can help you to deal with the emotional pain you are experiencing.