Medical Negligence in Stillbirths and Neonatal Deaths
The loss of a child through stillbirth or neonatal death is one of the most devastating experiences that a parent can have. When such a tragedy is preventable and occurs due to medical negligence, the emotional pain is compounded by anger, confusion and a desperate need for answers.
Whilst many stillbirths and neonatal deaths occur despite the best efforts of healthcare providers, some result from avoidable medical mistakes. In these cases, accountability isn’t just about justice for grieving families it is also about improving patient safety and preventing the same mistakes being made again.
Understanding Stillbirth and Neonatal Death
- Stillbirth is defined as the death of a baby in the womb after 24 weeks of pregnancy.
- Neonatal death refers to the death of a newborn within the first 28 days of life.
These events can result from a wide range of factors, including genetic conditions, infections, placental issues, or complications during labour and delivery. However, in some instances it is as a result of poor medical care.
When Is a Stillbirth or Neonatal Death Considered Medical Negligence?
Medical negligence occurs when a healthcare provider fails to meet the standard of care expected in their profession, leading to harm or death. In the context of childbirth, negligence might involve:
- Failure to monitor fetal distress during labour, resulting in oxygen deprivation or stillbirth.
- Inadequate antenatal care, such as missing signs of preeclampsia, gestational diabetes, infections or other warning signs that require intervention.
- Improper response to reduced fetal movements, which may indicate fetal compromise.
- Delayed or incorrect decision-making during labour, such as failure to perform a necessary caesarean section.
- Failure or delay in resuscitating a newborn or a delay in providing neonatal care after delivery.
- Incorrect neonatal management.
These failings can have fatal consequences for a baby and lasting trauma for the parents.
Seeking Legal Advice About Medical Negligence After Stillbirth or Neonatal Death
Parents who suspect that medical negligence may have contributed to the death of their child may be entitled to pursue a medical negligence claim.
If you or a loved one have been unfortunate enough to have sadly lost a baby and wish to seek answers as to whether this could have been avoided, please get in touch with one of our understanding medical negligence specialists on 0800 987 8800 or make a free online enquiry here and we will contact you. Alternatively, email us at [email protected].
Medical Negligence Specialists – Bridge McFarland LLP
medicalnegligence.co.uk is owned and operated by Bridge McFarland LLP, an established and nationally recognised law firm renowned for specialist expertise and experience in this complex area of law. With our determination and commitment to providing our clients with an exceptional standard of service, we have held the highly regarded Lexcel quality mark since June 2008.
Further Reading and Useful Resources
If you found this article helpful, you may also be interested in in the following guides and resources. Our medical negligence team are dedicated to providing specialist advice and support to families affected by medical negligence in pregnancy and childbirth. When things don’t go right with your medical treatment, we are here to help you get the answers you deserve.
Related Articles and Resources from Bridge McFarland LLP
Update on the Ockenden Maternity Services investigation
Widespread Maternity Failings Are Cause For ‘National Shame’ Says Health Secretary
How can you make a medical negligence claim?
Useful Resources and Information
Sands (Stillbirth and Neonatal Death Charity) – National charity offering support for anyone affected by pregnancy loss or the death of a baby.
Tommy’s (Pregnancy and Baby Charity) – Support and research charity, funding research into the causes of miscarriage, stillbirth and premature birth.
