Professional, compassionate legal advice in the event of a stillbirth
Going through a stillbirth can be one of the most traumatic experiences in life. It can be especially hard to come to terms with if you feel that it could have been avoided. If this is the case, specialist legal advice can help you assess the facts and decide whether or not medical negligence could be to blame.
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How do stillbirths occur?
If a baby dies after 24 weeks of pregnancy, this is classed as a stillbirth. It is a traumatic experience for parents and in particular the mother, who may have to go into labour, or receive a caesarean section. It can result in life-long impacts.
There is a variety of reasons why a stillbirth may occur. This includes infection of the womb or placenta, genetic issues, a condition with the mother and various other problems that can arise.
In many cases the cause of a stillbirth is unknown due to the number of factors that come into play. Unfortunately, stillbirths will sometimes be unpreventable and beyond anyone’s control. However, there are occasions when more could have been done by professionals to save your baby’s life.
You could be entitled to a stillbirth claim if for example a GP or medical professional:
- Failed to diagnose symptoms in your baby
- Did not perform routine check-ups or failed to keep records updated
- Did not refer you to a specialist
This list is not exhaustive and you may still have a claim depending upon your situation and circumstances. If you are unsure whether you may be entitled to compensation, contact our medical negligence solicitors immediately to discuss your situation. Just finding out whether or not there are grounds for a claim could help you to move forward.
When can I make a stillbirth claim?
For stillbirths, most cases commence within three years of the treatment that contributed to or caused the stillbirth. On the one hand, legal action will not be your immediate priority soon after such a devastating event. However, if you think you may want to claim it may be best to do so as soon as you feel ready, while the circumstances are relatively fresh in your mind.
What compensation can I receive?
Whilst nothing can make up for a tragedy such as a stillbirth, compensation can help you to move on and pay for any care or therapy that you and your partner may require. It can also be used to cover funeral costs or any other expenses that may be involved. If you have taken time off work a settlement can recoup your loss of income.
A claim is often about more than just financial compensation. Some parents find real consolation from receiving an official apology or knowing that their claim might lead to improvements in medical processes. This can prevent other parents suffering the same fate and helps the bereaved parents move forward and draw a line under an awful experience.
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How are Stillbirth claims funded?
There are various options of funding for claims. Many of our cases are funded using Conditional Fee Agreements, (also called a ‘No Win No Fee’ agreement). In a Conditional Fee Agreement, you will only pay for our solicitors’ work if we win the case for you. In very limited cases we can offer advice for free thanks to Legal Aid funding. Our solicitors can review and discuss your funding options and help you decide the best route to take.
How can Switalskis help me?
We believe that it is important to understand what went wrong and why you were subject to negligent treatment. Your feelings are at the forefront of our work and we will strive to gain a successful result. At Switalskis we will provide you with the advice and guidance you need along the way, to give you peace of mind and just compensation. Nobody deserves to suffer stillbirth which could have been avoidable.
Our team includes solicitors who are accredited as specialists by both The Law Society and the patients’ charity, Action against Medical Accidents (AvMA). We are also recognised as being among the top Clinical Negligence teams in England by the Legal 500 UK, the foremost legal guide for clients.