Understanding NHS Payouts for Baby Death: A Guide to Clinical Negligence Claims

NHS Payout for Baby Death: A Guide to Clinical Negligence Claims

Pregnancy and birth are among life’s most valuable moments. While most pregnancies and births proceed without complications, this guide is for the families who have faced the unimaginable tragedy of losing their baby during pregnancy, childbirth, or shortly thereafter, due to gross clinical negligence.

Every baby loss is devastating for families, leaving a lasting impact that is difficult to fully understand. In some cases, it occurs due to unavoidable complications where, sadly, nothing could have been done to prevent the outcome.

Unfortunately, there are some cases when a baby’s death is a result of avoidable failures in care given by the NHS, whether before, during, or after birth. For parents to learn that their baby’s death might have been preventable adds an additional weight, making the search for closure even more challenging.

This guide seeks to shed light on these circumstances, offering affected parents the support they need to navigate their NHS baby death claim and understand their legal right to an NHS compensation payout.

Regardless of whether the loss of your baby could have been prevented, when you’re ready to talk, it’s important to seek support for child bereavement. Organisations such as SANDS, Child Bereavement UK, and Tommy’s provide specialised help for families experiencing this grief.

Understanding your NHS negligence compensation payout

When NHS healthcare professionals breach their duty of care and medical negligence occurs as a result, families may have the right to seek an NHS compensation payout.

While no payout for negligence can truly reflect the loss felt by grieving parents, it is important to recognise its availability. The process of claiming compensation can assist parents with access to emotional help and provide financial support during an incredibly challenging time, while helping them to gain clarity about the medical care their child received.

In the UK, the NHS has a dedicated claims management unit known as NHS Resolution. All NHS Trusts contribute to this scheme, and all claims against the NHS are directed to them. If your baby died as a result of negligence in the care provided by the NHS, you may be entitled to receive an NHS negligence payout.

In this guide, we will discuss in greater detail the process of making a wrongful baby death claim and attaining an NHS payout. This guide will also explain what constitutes medical negligence in cases of baby loss, including:

• Misdiagnosis or delayed diagnosis of a condition affecting the parent or baby
• Inadequate monitoring during pregnancy or labour
• Clinical mistakes during labour
• Insufficient postnatal care

You can be assured that at Fletchers Solicitors we handle your claim with sensitivity and care. Our specialised birth injury team are compassionate and expert in these case types, ensuring you receive the best guidance and advice on receiving your NHS compensation payout.

What are wrongful baby death claims?

Most parents cannot imagine life without their child. Yet, for parents we have represented, this depth of grief is their everyday reality. When infant mortality, stillbirth or a neonatal death occurs due to mistakes or substandard care during pregnancy, childbirth, or postnatal treatment, families may have the right to pursue a claim for wrongful baby death.

What is classified as a stillbirth?

A stillbirth refers to when a baby has passed away pre-birth and after 24 weeks gestation. Typically, the NHS offers to induce labour to deliver the baby, which can be a deeply distressing and emotional experience for the mother.

What is classified as infant mortality?

This type of terminology is used for when a baby is born alive however tragically passes away in the first year of life and does include deaths that occur shortly after birth.

What is classified as neonatal death?

A neonatal death is another term commonly used when a baby is born alive, however passes away before they are 28 days old, regardless of cause.

Medical negligence in wrongful baby death cases:

No parent should have to leave hospital without their baby, and baby loss can occur for many reasons, including unavoidable circumstances. However, there are cases where, with better treatment and more timely investigations by healthcare providers, a stillbirth or baby death could have been prevented.

Negligence can occur during antenatal care, labour, or the postnatal period. When a baby loss is found to be contributed to by medical negligence, families may pursue a compensation claim. Often referred to as a wrongful baby death claim, this terminology encompasses all the above situations of a baby loss.

We understand that these circumstances are highly traumatic for parents to discuss. At Fletchers Solicitors, we are here to help you obtain compensation that led to your significant loss.

Examples of medical negligence in wrongful baby death claims:

• Failure to act on concerns about reduced foetal movement, such as not responding appropriately when a reduction in the baby’s movement is reported.
• Inadequate monitoring during pregnancy, such as overlooking signs or changes in the health of either the baby or the mother.
• Failing to detect issues such as placental problems or foetal growth restrictions.
• Failure in detecting and treating maternal infections, including, but not limited to Strep B, E. Coli, Chlamydia, Lyme Disease, haemophilus influenza.
• Poor management of labour, such as a delay in emergency care or improper use of medical instruments, using improper techniques or drug administering errors.
• Delay in diagnosing foetal distress and failure in responding promptly. When a baby is in foetal distress, it is recommended to act swiftly and deliver the baby within 30 minutes of diagnosis. This failure could include not acting with the required urgency, neglecting to adequately monitor both mum and baby or misinterpreting results.
• A baby suffering a brain injury at birth may later be diagnosed with conditions such as Hypoxic-ischaemic encephalopathy (HIE). Sadly, this condition can lead to death soon after birth. Negligence contributing to such severe injuries could include the mismanagement of complications during labour, an inadequate response to foetal distress, or the misuse of labour induction drugs.
• Substandard antenatal or postnatal care, especially in the cases of high-risk pregnancies.
• Failure to fulfil their duty of care, such as providing inadequate neonatal care.

Can I claim for a baby’s death?

Yes, if you are a parent of a baby who has died and you believe that medical negligence contributed to their death, it is important to seek advice from a specialist solicitor as soon as possible.

In most cases, a claim must be brought within three years, but the time limit depends on the circumstances:

• Stillbirth cases: The three-year limitation period runs from the date the stillbirth was confirmed, or from the date of knowledge that the stillbirth was caused or contributed to by negligence.
• Neonatal or infant mortality cases: The three-year period runs from the date of death, or from the date of knowledge that the death was caused or contributed to by negligence.

This distinction is important, as in some cases, negligent care may occur during pregnancy or delivery, but the baby may not pass away until days, weeks, or months later. In those situations, the limitation period runs from the date of death (or date of knowledge), not from when the negligence occurred.

Evidence gathering is a key part of any medical negligence claim, but you do not need to manage this alone. A specialist legal team can help obtain medical records, expert evidence, and all necessary documentation to support your case. We recognise that these conversations can be difficult and emotionally challenging. However, Fletchers Solicitors is recognised as a leading medical negligence law firm in the UK, with a dedicated Birth Injury team led by Trevor Ward.

We understand the unique support and advice required throughout these types of claims, and our goal is to ensure you receive the best possible outcome. This is why all claims are handled on a No Win, No Fee basis. You can find out more about making a medical negligence claim here.

Compensation for NHS baby death claims

It is not possible to provide exact figures for NHS compensation payouts in this guide. The amount is dependent on the individual circumstances of each case, what happened, the evidence presented and the impact the event has had on the parents.

This is something your solicitor would discuss in more detail with you once your claim has been evaluated. Typically, compensation for NHS baby death claims is broken down into several elements:

General damages (emotional distress, psychiatric injury)

This element of a claim addresses the emotional and psychological impact of losing a baby. It considers the severe emotional distress and psychiatric injury that parents often suffer following such a tragic loss. While no financial award can fully compensate for the suffering and loss that the parents experience, general damages serve to recognise the errors made by the NHS and help to alleviate any financial pressure the parents are facing as they deal with the grief.

Special damages (loss of earnings, counselling, therapy costs)

Many parents affected by baby loss may need to take extended time off work, resulting in significant financial losses. The special damages element of a claim is designed to help recover these lost earnings. Additionally, the costs incurred for accessing counselling and therapy, which are essential for managing the emotional pain associated with such a loss, can also be included under special damages.

Parents may also recover expenses incurred in preparing for the baby’s birth, such as the purchase of a pram, cot, and other essential newborn items. Additionally, if the parents arranged a funeral for their baby, the associated costs can be recovered as part of special damages.

Bereavement damages:

In the UK, bereavement damages are a form of statutory compensation available to eligible families when an unlawful death occurs following an act of negligence. Parents whose baby was born but subsequently died due to medical negligence, may be entitled to this element of a compensation payout. Currently, statutory bereavement damages are capped at £15,120.

This forms one element of an NHS compensation payout that can be recovered for you in your baby loss claim. It is important to note that bereavement damages are only applicable if the baby was born alive. Cases involving a stillbirth do not qualify for bereavement damages, because, regrettably, UK law does not recognise a stillborn baby as a separate legal person, instead, it treats the mother and her unborn child as a single entity.

However, if you have suffered a stillbirth as a result of negligence, you can still pursue a claim to recover other forms of compensation.

Making your NHS medical negligence claim for baby loss with Fletchers Solicitors

At Fletchers Solicitors, we recognise that pursuing a medical negligence claim for baby loss will not be an easy decision. Our compassionate team will guide you through every step of your claim with empathy and understanding. We are committed to building a strong, evidence-backed case on your behalf and ensuring the entire process is handled as smoothly as possible, helping to limit any further emotional stress. We will help you to understand your legal rights and the process of suing the NHS for medical negligence.

1. Contact Fletchers Solicitors to begin handling your claim
   The first step in making your claim is to get in touch with a solicitor who has extensive experience in medical negligence and birth injury claims. At Fletchers Solicitors, we will assess your case and provide expert advice on the best course of action. We operate on a No Win, No Fee basis, so you don’t need to worry about funding your claim, you only pay your solicitor if your claim is successful.
2. Prove negligence and gather evidence
   The core of any baby death claim is proving that medical professionals breached their duty of care and that this breach directly led to the baby’s death. This may involve reviewing medical records, obtaining expert opinions, and consulting with specialists.
3. Notify the NHS:
   Once we have built a strong case, a letter of claim is typically sent to the relevant NHS Trust or healthcare provider to inform them of the claim. This is then handled by the NHS Resolution body which is the legal arm of the NHS. Most cases settle out of court, with limited cases proceeding to a trial.
4. Compensation:
   Once negligence is proven and liability is admitted, we move on to negotiating your compensation to cover the various losses as outlined earlier in this guide.

Once liability has been admitted, we are also able to request written apologies, additional staff training, or advocate for procedural changes. These initiatives are driven by the wishes of individual clients and are generally steered by the changes they want to see within a certain trust or within UK midwifery and obstetric practices.

Why choose Fletchers Solicitors?

At Fletchers Solicitors, you can trust us to provide compassionate legal support in these sensitive circumstances. Your case will be handled by our dedicated birth injury team, who work with bereaved families and are committed to ensuring that you and your family receive the care, attention, and justice you deserve.

Making a claim for negligent care that led to the unlawful death of your baby can help you find the answers you need and highlight duty of care breaches within NHS Trusts. Securing compensation can provide essential financial support whilst you take the necessary time to work through your grief, helping to cover the financial losses incurred and facilitating access to bereavement counselling and related services. This compensation is not only crucial for addressing unexpected expenses but also serves as an acknowledgment of the negligence that contributed to your tragic loss.

To begin your stillbirth or neonatal death claim, please get in touch with our medical negligence solicitors by completing our form.

Neonatal compensation claims cases

Our birth injuries team represented the family of a baby boy who sadly passed away one week after birth.
In this case one of our senior Solicitor Andrew Hesketh  represented the parents, who believed that had their baby been delivered 24 hours earlier, they would not have developed severe Hypoxic-ischaemic encephalopathy (HIE) and would have survived.

The case focused on failures in antenatal care, particularly the misinterpretation of abnormal CTG traces, which should have prompted an emergency caesarean.

We understand this can be an incredibly difficult time, and thinking about legal matters may feel overwhelming. If you’re unsure about time limits, speaking to a specialist solicitor can help you understand your position and ensure nothing is missed.

• Medical records: Your record and a record of your baby’s care.
• Birth notes: Healthcare notes taken and records from the time of delivery.
• Antenatal records: Your midwife notes from the pregnancy.

We will also seek expert medical opinions to support your claim, and if applicable we will seek witness statements that corroborate your account of events.