Mandip Hayre, an experienced medical negligence Legal Executive at Waldrons Solicitors, provides an insight into the state of NHS maternity services in the UK and what bereaved parents can do. The government’s ambition to halve the rates of stillbirths and neonatal deaths by 2025 has seen only slow progress theguardian.com.
According to this recent report in The Guardian, stillbirth rates fell from 5.1 per 1,000 births in 2010 to 3.9 in 2023 which is still above the target of 2.6 and neonatal death rates remain off track to hit the goal of 1 per 1,000 births by 2025. Meanwhile, recent independent inquiries have uncovered serious problems in NHS maternity care. A 2015 report into University Hospitals of Morecambe Bay found a “lethal mix” of failures led to the unnecessary deaths of a mother and 11 babies theguardian.com. Since then, major investigations have exposed further lapses, the 2022 Shrewsbury and Telford review concluded that 201 babies and 9 mothers might have survived with better care theguardian.com, and an inquiry at East Kent Hospitals in 2022 found that 45 of 65 baby deaths examined could potentially have been prevented with proper standards theguardian.com. This pattern highlights deep-rooted issues in maternity services, underlining why improving care and accountability is so critical.
Having a baby should be one of the most precious moments in life. Tragically, for many families it becomes an unimaginable heartache. In the UK, if a pregnancy loss occurs before 24 weeks it is termed a miscarriage; when a baby dies after 24 completed weeks of pregnancy (or during birth) it is recorded as a stillbirth nhs.uk. Stillbirths are unfortunately not rare, about 1 in every 250 births in England results in a stillborn baby (around 3 to 4 in 1000 births tommys.org). A neonatal death refers to when a baby is born alive but dies within the first 28 days of life. These definitions are important legally, as we will see, but each represents a devastating personal loss. While not all causes of stillborn and neonatal death are understood or preventable, in some cases medical negligence plays a role, meaning some of these heartbreaks could have been avoided.
What Causes Stillborn and Neonatal Death?
Often, doctors cannot pinpoint exactly why a baby is stillborn, sometimes no cause is found nhs.uk. However, research and clinical experience have identified several potential causes and risk factors for stillbirth, including:
- Placental complications – problems with the placenta (which supplies the baby’s oxygen and nutrients) are a leading cause of stillbirth.
- Bleeding (haemorrhage) before or during labour – severe bleeding can threaten the baby’s oxygen supply.
- Pre-eclampsia – a condition in the mother causing high blood pressure and signs of organ damage (often the liver or kidneys) can restrict blood flow to the baby.
- Umbilical cord problems – if the cord is knotted, prolapsed, or compressed, it can cut off the baby’s blood and oxygen.
- Maternal diabetes – pre-existing diabetes or gestational diabetes can increase stillbirth risk, especially if poorly controlled.
- Intrahepatic cholestasis of pregnancy (ICP) – a liver condition in pregnancy (also called obstetric cholestasis) associated with elevated bile acids, which has been linked to higher stillbirth risk.
- Genetic or physical birth defects in the baby – about 8% of stillbirths in the UK are linked to congenital abnormalities tommys.org.
- Infections in the mother or baby – for example, certain bacterial infections (like group B streptococcus, if transmitted to the womb) or viral illnesses can cause fatal problems for the foetus.
For neonatal deaths (babies born alive who then pass away shortly after birth), the majority are caused by complications related to the baby’s prematurity, congenital health issues, or infections around the time of birth. In fact, worldwide the three major causes of neonatal death are infections, being born too early (and the associated health problems of prematurity) and lack of oxygen around the time of delivery nuffieldtrust.org.uk. Many neonatal losses occur in babies who are very premature or very ill from birth.
It’s important to stress that most of these medical issues can happen despite the best efforts of healthcare staff as not every stillbirth or infant death can be prevented. However, if warning signs are missed or not acted upon, or if substandard care contributes to the tragedy, this may amount to medical negligence. Parents who have lost a baby will naturally ask whether anything more could have been done. In some cases, the answer tragically is “yes.”
When Could Stillbirth or Neonatal Death Be Due to Negligence?
Medical professionals have a duty to provide care that meets a reasonable standard. Negligence in the legal sense means the care fell below that standard, and as a result, harm occurred. In the context of a stillborn or neonatal death, a case for negligence might arise if earlier intervention or better management likely would have prevented the baby’s death.
For example, if a mother reported significantly reduced foetal movements and the hospital failed to investigate or deliver the baby promptly, and the baby was later stillborn due to a placental issue, that could be negligent. Or if a baby showed signs of distress during labour and staff delayed an emergency Caesarean section for too long, leading to the baby’s death or brain injury, that may be negligence. These are exactly the kinds of failures highlighted in the inquiries at Morecambe Bay, Shrewsbury and East Kent, where opportunities to save babies were repeatedly missed.
To succeed in a legal claim, it must be shown that (1) the care provided by doctors, midwives, or nurses fell below an acceptable standard and (2) this substandard care was a significant cause of the stillbirth or neonatal death. This is often complex to prove. Not every poor outcome is due to negligence when sometimes, tragically, a baby would not have survived even with optimal care. However, independent investigations and expert medical reviews can examine the circumstances to determine if on the balance of probabilities better care would have made a difference.
Parents pursue these claims not for financial gain, as no amount of money can ever truly compensate for the loss of a child but often to get answers, recognition of what went wrong, and to help drive improvements. Mandip emphasises the wider impact:
Every stillborn and neonatal death is a heartbreak that no family should endure. Although compensation can never replace the baby you lost, holding those at fault accountable can provide some recognition of your loss and funds for support like counselling and importantly, it can spur changes in hospital practices to prevent other parents from suffering the same tragedy.
In other words, making a claim is not just about compensation; it’s also about shining a light on errors. NHS trusts often review and learn from negligence claims, which can lead to improved protocols and training. By bravely coming forward, families often help drive changes that improve maternity care for everyone.
Who Can Make a Claim after a Stillborn or Neonatal Death?
One key difference in law is whether the baby was legally considered a separate person. In cases of a stillbirth, the baby unfortunately never took a breath independently; legally the mother and baby are treated as one patient. This means that if negligence is proven in a stillbirth case, the mother is the one who can bring a claim (for the physical and psychological injuries she suffered). The father or partner cannot bring an independent claim for the baby in a stillbirth scenario because a stillborn baby has no legal personality in English law.
In cases of a neonatal death, the baby was born alive (even if only for a short time), so the baby is recognized as a separate person. Therefore, either parent can bring a claim on behalf of their baby who passed away. Typically, one or both parents act as claimants, seeking justice for what happened to their child. Parents can also claim for their own psychological trauma and any other losses they suffered due to the negligent care.
It’s worth noting that a statutory bereavement award (explained below) may be available in neonatal death claims for the death of a child. Under current law, this fixed award can be claimed by a parent of the baby (usually the mother, and father if married or in a civil partnership, or both split if eligible). In a stillbirth case, however, a bereavement award is not applicable because the law does not recognize a stillborn child as a “deceased person” instead, the claim focuses on the mother’s injuries.
How Is Compensation Valued?
Financial compensation is the only remedy a civil court can offer, even though money is an inadequate measure of such a loss. If a negligence claim succeeds, the compensation is divided into two parts: General Damages and Special Damages.
- General Damages: This is an amount to compensate for pain, suffering and loss of amenity. In a stillbirth claim, general damages primarily reflect the mother’s mental and physical suffering, which often means psychiatric injury (for example, diagnosed post-traumatic stress disorder or depression following the trauma). Any physical injuries or complications from the childbirth may also be considered. In a neonatal death claim, general damages can additionally include the baby’s pain and suffering (if, for example, the baby lived for several days and underwent interventions). Furthermore, when a baby was born alive and then dies due to negligence, the parents are entitled to claim a bereavement award – a fixed statutory sum to acknowledge the loss of a child. As of 1 May 2020 in England and Wales, the bereavement award is £15,120 avma.org.uk. (This figure is set by law; it was previously £12,980 and may be reviewed by the government periodically.) The bereavement award is a token recognition of the loss of life; it is only awarded in cases of actual death (so not in stillbirth cases, and only one award is payable even if both parents are eligible).
- Special Damages: These cover financial losses and expenses caused by the negligent incident. They are calculated case-by-case. Common examples include the cost of psychological counselling or psychiatric treatment for the parents. If the baby was born and lived for some time, any medical expenses for the baby’s care that aren’t covered by the NHS could be included. In neonatal death cases, parents can claim funeral expenses for their baby as well. Parents might also have lost income (for example, if they took extended leave from work due to grief or to attend medical appointments or the legal process) – such lost earnings can be claimed. Every family’s situation is different and a good solicitor will work with you to document all the ways the negligence has affected you financially, now and in the future.
Valuing these claims requires sensitivity. While no formula can capture the heartbreak, the goal is to obtain a fair sum to help the family rebuild and access any support they need. Crucially, pursuing a claim can also bring a sense of accountability as it establishes officially that your baby’s death was wrongfully caused, which can be important for many parents in their grieving process.
Seeking Support and Next Steps
If you have suffered the loss of a baby and suspect that poor medical care played a part, it is important to know you are not alone and that specialist help is available. In the West Midlands and beyond, Waldrons Solicitors has an experienced and compassionate medical negligence team ready to support you through the legal process. We understand that this is a deeply sensitive matter, we will listen to your story, obtain the necessary medical records and independent expert opinions and advise you frankly on your options.
Remember, taking legal action is not about assigning blame to punish individuals; it’s about getting answers, recognition and hopefully improvements. The NHS has made progress in maternity safety over the years, but as the ongoing reports show, much more needs to be done to reach the standard of care every mother and baby deserves theguardian.com. By raising your concerns and, if appropriate, making a claim, you may help shine a light on what went wrong in your case and prevent it from happening to someone else. As difficult as it is, your voice can lead to change.
Contact Waldrons
Our Medical Negligence team, including Mandip is here to offer supportive, expert legal advice. We can guide you on the next steps, whether it’s making a formal complaint, seeking an apology, or pursuing a compensation claim to acknowledge your loss. Please contact us for a confidential, no-obligation discussion. We are committed to helping families in the Midlands and Gloucestershire get the justice and support they need after a stillborn or neonatal death caused by potential negligence. You do not have to navigate this path alone as Waldrons are here to help.
