Families who suspect medical negligence caused stillbirth or neonatal death can sue

Around 13 babies die shortly before, during or soon after their birth every day in the UK according to the Office for National Statistics.

There were 4,604 baby deaths in the UK in 2022, of which 2,680 were stillbirths, and 1,924 were neonatal deaths (source: ONS*).

The families at the heart of these tragedies rightly deserve transparent answers explaining why they have suffered the unexpected loss of their child.

Many incidents may be medically explained or are a result of complications at birth which could not have been foreseen, avoided or prevented.

For some families however, a serious birth injury incident may have been caused by medical errors.

Eleanor Rostron, specialist stillbirth and neonatal death solicitor, said: “We represent families who instinctively know that the care provided by their hospital may have led to the unexpected loss of their baby. We sadly often hear that when concerns are raised about the care given, families are simply advised that their bereavement could not have been avoided.

“They have a right to understand what really happened, and whether it may have been prevented with better maternity care. The parents who find themselves in these devastating circumstances deserve clarity and transparency around the death of their child.”

Finding answers for grieving families

According to the experts at Diane Rostron, families affected by medical negligence are often not told the truth. Birth injuries are medically complex, and it can be difficult to prove that hospital errors caused a catastrophic outcome.

Helping families reach the clear answers they need involves working with a team of independent medical professionals and barristers.

The specialists at Diane Rostron are dedicated to complex cases involving birth injuries. Representing and supporting families who have suffered the loss of their baby, or parents whose child was brain damaged at birth resulting in lifelong disabilities, the team excel at getting to the truth.

Eleanor Rostron continued: “We sadly see common mistakes in hospitals across the country. Hospitals failing to diligently monitor both mother and baby right up to the baby’s birth, medical staff not recognising red flags such as symptoms that the baby is not ok, and maternity staff not delivering timely intervention, are common themes.

“Families deserve care and compassion following a serious maternity incident. Knowing the truth, and seeing accountability, helps with the grieving process. It also helps families move on with their future family planning instead of being stuck in an anxiety cycle believing that it may have been their fault.”

Compassion and empathy for families

Eleanor Rostron said parents, especially mothers, can feel guilt, disbelief and fear amongst the heartache and devastating grief of such a loss.

“Families let down by their local hospital are vulnerable. The trauma felt following the loss of a baby, particularly when there are suspicions that medical care fell below safe standards, cannot be underestimated.

“As parents ourselves, we provide families with empathetic support and full commitment to finding the cause of their baby’s death. We understand that they want, need and deserve to know the truth.”

Parents have up to three years after the loss of their baby, or the date of knowledge that there could be cause to suspect negligence, to start a compensation claim.

Eleanor Rostron said she would encourage bereaved mothers to contact the team if they feel their maternity care, both during pregnancy and up to after their baby’s birth, may have caused their child’s death.

To find out more about Diane Rostron and hear from some of the families represented by the birth injury experts visit the website here.