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Stillbirth Claims For Compensation

If you or a loved one have suffered the loss of a baby and developed a significant psychiatric injury due to witnessing the events surrounding the loss of your baby. In that case, you may be entitled to compensation.

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We’re industry experts with over 20 years of experience.

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You won’t be required to pay any fees until we win your case.

5 star client rating icon

5-Star Client Rating

You’ll receive outstanding service. We maintain a 5-star client rating.

Free Case Assessments

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

Industry Experts

We’re industry experts with over 20 years of experience.

No Win No Fee

No Win No Fee

You won’t be required to pay any fees until we win your case.

Medical Negligence Stillbirth Compensation Claims

Many women enjoy uneventful pregnancies, but some develop conditions or abnormalities that complicate the pregnancy. Women may choose to have their antenatal care at the antenatal clinic of their local public hospital or shared antenatal care between their GP and the public hospital’s antenatal clinic. Some women choose to be under the care of a specialist obstetrician for antenatal care. Regardless of the nature of the antenatal care arrangement, providing adequate antenatal care is imperative to the safe delivery of a healthy child.

 

Women that experience complicated pregnancies may have ‘high-risk’ pregnancies and require more frequent antenatal care attendances and closer monitoring than those who have uncomplicated pregnancies. In those circumstances, it is crucial to frequently and regularly monitor maternal and fetal well-being for any non-reassuring signs that may warrant urgent intervention and emergency delivery of the baby. Sadly, there are unrecognised high-risk pregnancies until severe compromise and even the baby’s demise. Usually, the baby’s demise is discovered when an obstetric ultrasound is performed, or the baby’s heart rate cannot be detected on a fetal heart rate monitor following complaints by the mother of a lack of fetal movements. Although not all cases of fetal demise are preventable, some cases can be prevented with adequate antenatal review, monitoring, and timely intervention.

 

Of course, fetal compromise and demise are not limited to the antenatal period. It is equally heartbreaking that some women could experience uneventful pregnancies and endure the pains of labour but deliver a stillborn child. This is because a healthy baby could pass away during labour due to complications with the labour and a severe compromise of the baby’s oxygen supply before birth if the baby is not delivered in a timely fashion. While some babies can be successfully resuscitated, regrettably, others do not survive. Some successfully resuscitated babies sustain profound and catastrophic brain injury due to oxygen deprivation prior to resuscitation.

 

Why Garling&Co Lawyers

At Garling&co Lawyers, we have extensive experience handling cases involving stillbirth, neonatal death, and birth injuries. Our compassionate team provides a supportive environment to help you navigate through this difficult time.

 

We understand the importance of focusing on the specific details of your case and determining if a compensation claim is the right course of action. Rest assured that our services operate on a no-win, no-fee basis, ensuring that you can access the legal representation you need without financial concerns.

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

FREE Confidential Case Appraisal

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  • Check if you’re eligible for compensation

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie

Frequently Asked Questions

1. What is stillbirth negligence?

Stillbirth negligence refer to the death of a child either before or during birth in circumstances where the death is avoidable. In other words, the death of the child was caused by a failure to manage the mother’s pregnancy, or labour and delivery, with reasonable care.

2. What are the common causes of stillbirth negligence?

Some of the causes of stillbirth negligence include inadequate antenatal care, inadequate monitoring of the fetal heart rate during labour and delivery, the unidentified wrapping of the umbilical cord around the baby’s neck, oxygen deprivation, cardiac arrest in utero and, prolonged labour and delayed delivery.

3. How do I know if I have a valid birth injury claim as a mother?

If you have suffered an injury while giving birth to your child and the injury has persisted and you suspect that the injury was avoidable, it is wise to seek legal advice from an experienced specialist birth injury solicitor. Your solicitor will investigate the level of care that was provided to you during your pregnancy, labour and delivery, and will provide you with advice on the viability of your claim.

4. How can stillbirth negligence be prevented?

It must be acknowledged that not all stillbirths can be prevented. Sometimes, a baby passes away well before labour and delivery and the death cannot be foreseen or prevented. To minimise the risk of stillbirth, ensure that you have access to a good antenatal care program so that you receive adequate care and monitoring during the pregnancy, which makes it easier to identify any abnormalities or conditions that may put you or your baby at an increased risk of injury during labour and delivery. If complications are anticipated during labour and delivery, ensure that your obstetric team has a treatment plan to minimise the risk of injury to you and your baby. Discuss your delivery options with your doctors, including the option of a Caesarean section delivery. Monitoring of your wellbeing and your child’s heart rate play a crucial role in minimising the risk of injury to you and your baby and help your team identify signs that may place your baby’s life at risk. If those signs are identified in a timely manner, appropriate intervention may well prevent stillbirth.

5. What are the signs that medical negligence may have contributed to a stillbirth?

It may be difficult to identify the signs that indicate that medical negligence may have contributed to the death of a child during birth. If you enjoyed an uneventful pregnancy and your baby developed normally and was assessed as being alive and well right until delivery, this may be a sign that negligence may have caused the loss of the baby. Women often notice chaos or a sense of panic amongst the midwifery or obstetric teams that are managing the birth. Sometimes, a medical emergency is called and doctors from other specialties are called into the delivery room, including paediatricians or neonatologists. Sadly, sometimes, there is no warning, and a child is discovered to be deceased at birth. If you suspect that negligence contributed to the loss of your child, contacting an experienced solicitor is essential as your solicitor will obtain a copy of the relevant medical records and explore all aspects of the care that was provided to you. Your solicitor might be the first person to discover ‘signs’ of negligence.

6. What legal options are available for stillbirth negligence claims?

If you have given birth to a stillborn child and have developed psychological symptoms as a result of witnessing injury to your child, you may be entitled to compensation for pure psychiatric harm. This type of claim is also known as a nervous shock claim. Your psychological symptoms must amount to a diagnosis of a recognised psychiatric disorder for you to meet the applicable legal criteria to have a nervous shock claim.

7. How do I know if I have a valid stillbirth negligence claim?

If you have developed a recognised disorder as a result of the loss of your child and you suspect that the loss of your child was avoidable, it is wise to seek legal advice from an experienced specialist birth injury solicitor. Your solicitor will investigate the level of care that was provided to you during your pregnancy, labour and delivery, and will provide you with advice on the viability of your claim.

8. What damages can be claimed in a stillbirth negligence case?

If you are successful in proving that there was a failure to manage the birth of your child with reasonable care and that failure resulted in the wrongful death of your child and you have suffered a recognised psychiatric injury as a result of this failure, you will be entitled to compensation. Compensation may include pain and suffering, past and future treatment expenses, and any lost earnings.

9. What is the time limit for filing a stillbirth negligence claim?

Ordinarily, you must commence formal legal proceedings within three years of the time at which the alleged negligence occurred. This is subject to the time that you discovered, or ought to have discovered, that you have sustained an injury, the injury is the fault of a heathcare provider, and the injury is worth suing over.

10. How can a solicitor assist with a stillbirth negligence claim?

A solicitor will usually take your statement and request a copy of your obstetric medical records. A solicitor will then review your medical records in order to determine if the loss of the baby was avoidable. A solicitor will be able to identify the nature of expert medical evidence required for your claim to be successful. A solicitor will also provide you with advice as to the timeframe of commencing formal legal proceedings and your entitlements to compensation.

More Faqs
Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie

Seek Other Medical Negligence Claims

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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