Stillbirth and Negligence: When Can You Claim?

The loss of a baby is one of the most devastating experiences a family can face.

When a stillbirth could have been prevented with appropriate medical care, it can leave parents with unanswered questions, distress and a need for accountability.

In some cases, you may be able to bring a clinical negligence claim to seek justice and financial support.

This guide explains when stillbirth may be linked to medical negligence, and what your legal options are.

What is a stillbirth?

A stillbirth is defined as the death of a baby after 24 weeks of pregnancy. While some stillbirths occur due to unavoidable medical reasons, others may happen because of failures in care during pregnancy, labour, or delivery.

Not every stillbirth will involve negligence—but where medical professionals fail to meet accepted standards of care, a claim may arise.

When does stillbirth amount to negligence?

Not every stillbirth will give rise to a legal claim. Sadly, some stillbirths occur despite appropriate and timely medical care. However, negligence may be established where there were missed opportunities to prevent the outcome.

To bring a successful clinical negligence claim, it must be proven that:

1. There was a breach of duty

Healthcare professionals—such as midwives, GPs, and obstetricians—owe a duty to provide care that meets a reasonable and acceptable standard.

A breach of duty occurs where the care you received falls below what a competent medical professional would have provided in the same circumstances.

In stillbirth cases, this might include failures such as:

Importantly, the test is not whether care was perfect, but whether it was reasonable and in line with accepted medical practice.

2. The breach caused or contributed to the stillbirth

It is not enough to show that mistakes were made—you must also prove causation.

This means demonstrating that, on the balance of probabilities, if proper care had been provided, the stillbirth would likely have been avoided.

This is often the most complex aspect of a case and requires detailed analysis from independent medical experts.

For example:

If the answer is yes, then a claim may succeed.

3. There was a missed opportunity to intervene

In many stillbirth claims, the issue is not a single mistake, but a series of missed opportunities to act.

Examples include:

The law recognises that timely intervention is critical in maternity care. Where that window is missed, and harm follows, negligence may be established.

4. Guidelines and best practice were not followed

Medical professionals are expected to follow recognised guidance, such as:

While a failure to follow guidelines does not automatically mean negligence, it can be strong evidence that care fell below an acceptable standard—particularly if there is no clear justification.

5. Additional harm or risk should have been identified

Negligence may also arise where healthcare providers fail to properly assess or respond to known risk factors, such as:

A reasonable clinician should identify when a pregnancy requires closer monitoring or earlier intervention. Failure to do so can have devastating consequences.

What can you claim for after a stillbirth?

While no amount of compensation can reflect the loss of a child, a claim can provide financial support and recognition of what went wrong.

Depending on the circumstances, compensation may include:

Time limits for bringing a claim

In most cases, you have three years from the date of the stillbirth (or the date you became aware that negligence may have occurred) to bring a claim.

However, given the complexity of these cases, it is important to seek advice as early as possible.

Why specialist legal advice matters

Stillbirth cases are complex and deeply sensitive. Working with an experienced clinical negligence team ensures:

How we can help

We understand that pursuing a claim after a stillbirth is not just about compensation—it is about answers, accountability, and preventing similar tragedies in the future.

Our specialist team is here to support you with clear and honest advice, a sensitive and supportive approach, and expertise in complex maternity and stillbirth cases.

Speak to us in confidence

If you believe negligent care may have contributed to your baby’s stillbirth, you do not have to face this alone. Contact our team for a confidential, no-obligation discussion.