The loss of a baby is immeasurably painful for parents who have suffered a stillbirth or neonatal death. The feelings of profound despair, grief and sadness are further compounded when there are suspicions that it may have been prevented.
The loss of a baby at, or soon after their birth, is a tragedy that parents live with for the rest of their lives. Many families are not given transparent and honest answers from the medical professional involved in managing their care during pregnancy and childbirth.
‘One of those things’
Some families are simply advised that the loss of their child was just ‘one of those things’. Such a profound loss deserves an explanation about what happened, and when, causing catastrophic consequences.
Parents deserve to know why their baby died and whether anything could have been done to prevent it. Having answers following a stillbirth or neonatal death helps to support families in their grieving and future family planning.
Gaining answers
In some cases, a baby loss may not have been avoided and could have been a result of problems with the functioning of the placenta or pre-eclampsia complications for example.
Neonatal deaths may occur as a result of a genetic disorder or a baby’s low birth weight.
While some baby loss incidents may occur as a result of natural causes, for some families, inadequate medical care or intervention is the reason that their baby has died.
Investigating a baby loss
Serious incident reviews are not always undertaken, or in some cases, the internal investigation fails to transparently identify medical failings leaving families in the dark about why their baby has died.
Instructing baby loss solicitors
Instructing specialist stillbirth and neonatal death professionals to find out exactly what happened, and crucially, to uncover whether better medical care could have prevented the death of a baby, helps families get to the truth.
The legal process is not easy. If matters have reached this stage, the burden of proof lies with the family and their legal team.
The hospital involved has the right to defend allegations of medical negligence and they often fight these claims robustly.
Getting to the heart of what happened
It is vital for parents to get the answers they need to really understand what led to the loss of their baby. Maternity settings also have a duty to understand what happened following a serious incident to learn from any mistakes made and to take action to prevent further incidents.
Compensation after a stillbirth or neonatal death
The loss of a baby leaves significant psychological scars as affected families try to come to terms with what has happened. Questioning whether the medical professionals involved may have done better, or more, to ensure the safe delivery of a child adds significant trauma and suffering.
Parents in these difficult situations are entitled to compensation. There is no amount that can compensate for the profound loss, nor change these sad circumstances, but compensation can help when there has been significant psychological injury or financial losses due to difficulties returning to work for example.
Taking the first steps after a baby has died
It takes time after giving birth to come to terms with being unable to bring home a healthy baby. Perfectly natural emotions include depression, anger and helplessness. The physical aspects of giving birth are extremely difficult for mums whose body is ready to nurture a baby, and is healing from giving birth, when the baby has died.
Reaching out for help may feel daunting and overwhelming. Specialist solicitors will understand how difficult it is to share concerns about patient safety when families are still doubting their own instincts, particularly if they have been advised that nothing could have been done to save their baby.
Having answers helps the whole family
Stillbirth and neonatal death legal professionals understand the sensitivities involved and the pain experienced by families who just want to know why. Knowing the answers to all the questions that families will naturally have when a baby dies before, during or soon after their birth, helps a little during the grieving process.
It helps by providing information so that parents can not only understand the sequence of events for themselves, but to answer the inevitable questions from wider family members, including other children, who will also share in their loss.
Avoidable stillbirth or neonatal deaths
Pregnancy and birth is a vulnerable time for both a mother and her baby as medical situations can suddenly arise requiring diligent, and timely, medical care. A pregnancy may have progressed uneventfully however, a sudden critical change may present during labour.
Examples of when medical negligence causes a birth injury leading to a stillbirth or neonatal death include delays in progressing to a timely c-section. This might arise if a baby is in breech position for example, or there are signs that the baby is in distress.
Listening to other families who have suffered a baby loss
Some bereaved families may find that the only people who truly understand how it feels when a baby dies are other parents whose baby has died.
Reaching out to others who have suffered a baby loss before, during, or soon after a baby is born, can provide some of the support that may help to ease a little of the profound pain felt by parents.
Instructing the right legal team following a baby loss
Proving that a stillbirth or neonatal death could have been prevented with better medical care is complex. The right legal team also have to work with the right independent medical professionals in order to succeed in proving that medical negligence caused a baby’s death.
A safe pair of hands when parents are overwhelmed with grief
Birth injury claims robustly defended
Medical negligence claims are robustly defended by the NHS Trusts believed to be responsible for poor patient care.
Bereaved families should be supported by a legal team whom they both trust and feel comfortable with. The right specialist lawyers will not only offer a forensic approach to proving these claims, but also an established record of winning such claims and giving families empathetic personal support throughout.
Time limits on making a claim
Families have three years from the date of the incident, or three years from when they became aware it may have been caused by medical errors, to start a claim for compensation.
Baby loss specialist lawyers at Diane Rostron
With a long, and strong, track record of securing justice for families in these sad circumstances, the team offer a personal service where families truly feel heard and supported.
Working with an established team of independent medical experts and barristers, families who instruct Diane Rostron can rest assured that they are in a safe pair of hands.
Listen to what other bereaved families say about Diane Rostron
Bereaved parents’ rights following a baby loss
More information on parents’ legal rights in these tragic situations can be found in our guide here.
Parents may find some comfort in the fact that they are entitled to compensation should the loss of their baby be proved to have been caused by medical errors.
Compensation is carefully calculated and considers the psychological impact on parents and any financial losses as a result of their baby loss.
Start a baby loss claim today to get the answers needed
Most stillbirth and neonatal death compensation claims are pursued on a no win no fee basis which means that families pay no costs until answers are found, and justice is served.
Finding out exactly what happened can help families come to terms with their loss and make informed decisions about future family planning.