Claim for a Still Birth Death
Although no amount of compensation can ever make up for the tragedy of a stillborn baby, making a claim for a still birth death will enable you to obtain answers to the questions that may be haunting you about whether your baby´s death could have been avoided with greater care.
Claiming compensation for a stillborn baby can be emotionally very draining, and it is understandable if you have not yet come to terms with your loss. However, we encourage you to speak with a solicitor at the earliest practical opportunity to discuss the standard of care you received throughout your pregnancy and immediately prior to your child´s delivery.
Establishing Medical Negligence in a Claim for a Still Birth Death
In order for your claim for a still birth death to be successful and provide you with the answers you want, it will have to be demonstrated that there was a breach in the duty of care owed to you by a medical professional during your pregnancy.
There are many, many reasons why a stillborn death can occur, and your solicitor will request access to your medical records to ascertain if any act or omission by a medical practitioner could have contributed to the tragic loss of your child. If evidence of medical negligence is identified, your solicitor will guide you through making a claim for compensation for a stillborn baby in relation to your own situation.
How a Make a Claim against an NHS Trust
In the majority of cases, your claim for a still birth death will be made against an NHS Trust. You solicitor will send the NHS Trust a “Letter of Claim” – alerting the authority that you are claiming compensation for a stillborn baby, and supporting the claim with the evidence of medical negligence that has been compiled.
What happens subsequently depends on the NHS Trust´s response. If liability for your child´s stillborn death is accepted, your solicitor will enter into negotiations to settle your claim. If your claim for a still birth death is contested, your solicitor will suggest issuing court proceedings subject to the Trust´s defence against your claim. If court proceedings are issued, an out-of-court settlement is the usual outcome.
How Much Compensation for a Stillborn Baby?
As stillborn babies are not legally considered to be “persons”, settlements of compensation for a stillborn baby are based on the impact that a child´s avoidable death has on its parents. This usually involves a psychiatric evaluation to determine the nature and extent of any emotional trauma.
In addition to claiming compensation for your emotional trauma, you will also be able to include in your claim for a still birth death compensation for your bereavement, the recovery of any expenses you have incurred and – if a previously undiagnosed condition will prevent the mother from having any more children – compensation for the loss of future childbearing opportunities.
Free Advice from our Legal Guidance Service
If you would like to discuss your options with a solicitor before making a claim for a still birth death, you are invited to call our free legal guidance service. Our solicitor will be able to answer any legal questions you may have about claiming compensation for a stillborn baby and the procedures involved for making a claim in relation to your specific circumstances.
Our aim is to explain your options in plain English, so that you are able to make an informed decision about whether you have a claim for a still birth death which may be worth your while to pursue. However, you are under no obligation to proceed with a claim for compensation for a stillborn baby once you have spoken with us. What happens next is your choice.