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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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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.

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.

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.

Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Brad M.
02:19 28 Jun 24
I worked with Garling & Co for 3+ years, the team has been incredible and I could not have been happier with Kerry's support and the results produced!I highly recommend choosing them as your... representatives!!read more
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more

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
Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Brad M.
02:19 28 Jun 24
I worked with Garling & Co for 3+ years, the team has been incredible and I could not have been happier with Kerry's support and the results produced!I highly recommend choosing them as your... representatives!!read more
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more

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.

Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Brad M.
02:19 28 Jun 24
I worked with Garling & Co for 3+ years, the team has been incredible and I could not have been happier with Kerry's support and the results produced!I highly recommend choosing them as your... representatives!!read more
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
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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