Losing a baby is a painful experience. An inquest into the cause of death will follow to provide the family with necessary answers.
This can be a daunting experience, however, trusted robust legal advisors can help make the birth injury inquest process less stressful.
Looking into the circumstances leading to a potentially avoidable death requires the right experts and time to get to the truth of what happened.
Knowing why a baby has died, and whether they could have been saved under different circumstances, is every parent’s right.
Coping with the loss of a baby
When a baby dies unexpectedly it takes time to heal from the tragic loss. Families need to understand whether medical negligence may have caused their loss.
Specialist legal representation will help to uncover what happened in detail. This will assist a coroner in their duty to confirm who, when, where and how a baby came to their untimely death.
Having experts for support during this difficult time means that families can grieve without the added stress of navigating the inquest process.
An inquest solicitor will take much of the burden away so that families can focus on dealing with their grief.
Inquests when a baby has died
The thought of going through an inquest may be daunting. It is important for families to understand exactly why their child died and whether anything could have been done to prevent it.
A coroner will be empathetic to how difficult inquests are for families.
An inquest is an independent investigation into the circumstances surrounding a death. While an inquest cannot award compensation or determine civil liability, it can provide families with answers about what happened and whether concerns about the care provided should be investigated further. Where medical negligence has contributed to a baby’s death, families may also be entitled to pursue a separate compensation claim.
The process should be thorough and will involve hearing from key witnesses which may include the hospital staff involved and independent experts.
It will be difficult to hear the details of why a baby died however, it should provide parents with the peace of mind of having all the answers that they, any siblings, and wider family members may need.
Securing robust legal representation
It is perfectly normal, and to be expected, that following the loss of a baby emotions will be high.
Searching for a lawyer to represent you at the inquest of your loved one should not be a laborious task.
The experts at Diane Rostron offer empathetic and extensive experience in baby loss inquests and a strong track record of securing the right outcome in these sad situations.
A forensic approach will take place to investigate what happened in hospital.
Investigating whether medical negligence was involved
Regular contact explaining the findings and evidence supporting what is believed to have caused a baby’s death means that parents are better prepared for the inquest.
Preparing for a coroner’s inquest
It can be some time after a baby dies before an inquest takes place due to a coroner’s court timetable and the time required to properly investigate the circumstances leading to the tragic loss.
The length of the inquest itself will depend on a number of factors including how many witnesses are required and the complexity of the circumstances involved.
Parents should be aware that a thorough investigation in preparation for the inquest into the death of their baby will take time.
The right legal representatives will be fully aware of the added trauma experienced by families of not knowing what happened to their baby and will keep them updated on their findings.
Expert evidence at a coroner’s inquest
By the time an inquest is due to take place, a family’s legal representation will have shared with them what they believe happened to their child based on the detailed information gathered during their investigation.
Hearing from both independent experts and the medical professionals involved in a baby’s care will still be very difficult before a coroner’s inquest concludes.
Instructing the experienced team at Diane Rostron means that families are in safe hands throughout.
What happens if an inquest identifies poor medical care?
Discovering that better medical care could have prevented a death is deeply upsetting.
A coroner’s role is to consider the evidence presented by the specialist solicitors representing the family, and the hospital trust involved before making a finding relating to why an unexpected death occurred.
If a family believes that better medical care could have saved their loved one, regardless of the coroner’s final verdict, they may consider pursuing a medical negligence claim for compensation with their solicitor, this would be a separate legal process.
Media attention when coroner concluded medical negligence
An unexpected death, particularly that of a young child or baby, will undoubtedly draw interest from the media.
Journalists will be keen to report on an inquest especially if medical errors are believed to have caused the death following a detailed investigation.
The added attention will feel daunting in already trying circumstances. A specialist medical negligence solicitor will be experienced in managing the media on behalf of the family to alleviate the added pressure.
What happens after an inquest?
At the end of an inquest, the answers needed to explain an unexpected death should have been provided.
If the inquest finds that the death may have been prevented with better patient care, families should consider starting a medical negligence claim for compensation.
It is important to note that a coroner’s findings bear no legal consequence to a civil claim for compensation. A medical negligence claim when it is believed that poor patient care contributed to, or caused a death, can be started regardless of a coroner’s finding.
This is a separate legal process that would usually be conducted by the same legal team. At this stage substantial evidence supporting a negligence claim will have been obtained.
Compensation following an inquest
The role of inquests is to find answers relating to who, when, where and how a person suffered an unexpected death.
A coroner’s responsibility is not to apportion blame.
For some families, starting a medical negligence claim for compensation after an inquest concludes may be appropriate if they suspect clinical errors caused their child’s death – whether or not this is an inquest’s finding.
The claim will consider the pain and suffering as a result of the serious incident and, in some cases, loss of earnings or the cost of any treatment required such as counselling.
Compensation can never reverse what happened, but it can provide a grieving family with much needed financial support following their loss.
Why Diane Rostron?
Diane Rostron is a specialist complex birth injury law firm representing families affected by maternity negligence. The team collaborates with leading independent medical experts and barristers to forensically investigate the chain of events resulting in a permanent brain injury, or the loss of a baby to stillbirth or in the initial weeks after birth.
Offering in excess of 30 years’ experience, Diane Rostron has a strong history of securing £multi-million brain damage claims and substantial settlements when a baby has died following suspected medical errors.
The empathetic team of parents support families through the legal process and beyond the conclusion of a claim. The experts understand the complex lifelong care needs of a child when hospital failings have caused irreversible brain damage, including cerebral palsy cases.
The team understands the devastation and trauma suffered by parents who have lost their baby, or whose child has been catastrophically brain damaged due to preventable medical negligence – including historic incidents when other law firms have not successfully concluded a claim. Diane Rostron secures answers and justice when families have been let down by their hospital.
To start a claim, please get in touch with our medical negligence solicitors by calling 01253 766 559.
Frequently asked questions
You can find out more information and answers to frequently asked questions here and hear from Diane Rostron here.
We are here to listen to what happened to your loved one and will explain how we can help.
We take a forensic approach to investigating every detail of the events leading to an unexpected death and seek full and transparent answers for clients.
Recent inquest representation
The inquest found that systemic failings at the NHS Trust responsible for her care led to her preventable death.
The jury inquest found that his life could have been saved had he been provided with the correct patient care by the hospital staff looking after him.
Contact us today for inquest legal representation
Our empathetic team will need information about what happened and when before advising on the next steps towards preparing for an inquest into the death of your loved one.