Stillbirth negligence: when a preventable stillbirth becomes a legal claim

Published 20 May 2026

TL;DR

Stillbirth negligence arises when a stillbirth was preventable and resulted from a failure by midwives, obstetricians, or the hospital to meet the required standard of care
Common failures include: inadequate CTG monitoring, failure to act on reduced fetal movements, delay in performing an emergency caesarean section, and failure to identify fetal growth restriction
Not every stillbirth is preventable; stillbirth negligence claims require expert evidence that the specific death was caused by a clinical failure rather than an unavoidable complication
Parents can claim compensation for bereavement, psychiatric injury, and the cost of any related physical harm; the father or partner may also have a psychiatric injury claim in their own right
The time limit is three years from the date of knowledge

Stillbirth negligence is among the most serious categories of clinical negligence claim. A stillbirth is the death of a baby after 24 completed weeks of pregnancy, either before or during labour. Not all stillbirths are preventable; some result from conditions where no clinical failure occurred. But where a stillbirth was caused by a failure to monitor, respond to warning signs, or act with sufficient urgency, a claim in clinical negligence may arise. The legal and evidential framework is demanding, and independent expert evidence is essential.

What is stillbirth negligence?

Stillbirth negligence is a clinical negligence claim arising from the death of a baby in the womb or during labour as a result of a failure by midwives, obstetricians, or the maternity unit to meet the standard of care required by the Bolam test. The claim may be brought against the NHS trust responsible for the maternity care.

The standard of care in obstetrics is set by reference to what a responsible body of midwives or obstetricians in the same specialty would have done. Guidance published by the Royal College of Obstetricians and Gynaecologists (RCOG) and NHS England's maternity safety programmes sets out the recognised standards for monitoring, escalation, and intervention. Departure from those standards without clinical justification is strong evidence of a breach.

What are common examples of stillbirth negligence?

Failure to monitor using CTG: cardiotocography (CTG) monitors fetal heart rate and uterine contractions during labour. Failure to apply CTG monitoring when it was indicated, failure to review the CTG trace in a timely way, or failure to recognise an abnormal or pathological CTG trace and act on it, are among the most common bases for a stillbirth negligence claim.

Failure to act on reduced fetal movements: reduced fetal movements in the third trimester are a recognised warning sign requiring urgent assessment. A midwife or obstetrician who dismisses a mother's report of reduced movements without formal assessment, or who does not arrange appropriate monitoring, may be in breach.

Delayed emergency caesarean section: where the clinical picture calls for an emergency caesarean section, undue delay in performing that procedure can result in fetal hypoxia and death. The standard for category 1 caesarean section (immediate threat to life) requires delivery within 30 minutes of decision. Failure to meet that standard without clinical explanation may constitute a breach.

Failure to identify fetal growth restriction (FGR): fetal growth restriction is a significant risk factor for stillbirth. Failure to measure fundal height at antenatal appointments, failure to refer for growth ultrasound when measurements are below the expected centile, and failure to act on ultrasound findings showing poor growth are all potential bases for a claim.

Failure to act on abnormal umbilical artery Doppler findings: in pregnancies with identified growth restriction, umbilical artery Doppler assessment is used to assess the risk of fetal compromise. Failure to act appropriately on absent or reversed end-diastolic flow is a recognised basis for a negligence claim.

Who can bring a stillbirth negligence claim?

The parents of a stillborn child have separate categories of claim. The baby does not have legal personality and therefore cannot bring a claim through an estate. However:

Bereavement damages: under the Fatal Accidents Act 1976, parents of a stillborn child do not have a statutory bereavement award (which applies only to deaths of a child who was born alive). This is a significant gap in the law, though it has been the subject of law reform discussions.

Psychiatric injury: both parents may have a claim for psychiatric injury caused by witnessing the events of the stillbirth or its immediate aftermath, or developing a recognised psychiatric condition (PTSD, clinical depression) as a result of the stillbirth and its circumstances. A parent who witnessed traumatic events during labour may qualify as a primary victim or a secondary victim depending on the proximity of their involvement.

Physical injury to the mother: where clinical failings that caused the stillbirth also caused physical injury to the mother (for example, a delay in delivery causing her injury, or complications of mismanaged labour), the mother has her own personal injury claim.

For related birth injury claim information, see the birth injury guide.

Compensation in a stillbirth negligence claim

Compensation in a stillbirth negligence claim is assessed by reference to the specific harm suffered by the claimants (the parents).

Psychiatric injury: the JCG brackets for severe psychiatric injury (including PTSD with permanent effects) range from £54,830 to £115,730. Moderate psychiatric injury ranges from £5,860 to £19,070. Both parents may recover independently if both have suffered clinically recognised psychiatric harm.

Physical injury to the mother: assessed in the relevant JCG bracket for the specific injury.

Special damages: loss of earnings during psychiatric treatment and recovery, private therapy and counselling costs, and travel costs are all recoverable heads of special damage.

For compensation ranges, see the compensation guide.

Time limits and starting a claim

The time limit for a stillbirth negligence claim is three years from the date of the stillbirth or from the date of knowledge if the clinical failure only became apparent later. In practice, many parents begin to suspect clinical failings shortly after the event. Expert review of the maternity records is the essential first step.

A solicitor handling a stillbirth negligence claim will obtain the full maternity record, CTG traces, ultrasound reports, and post-mortem findings. An independent obstetric expert and a midwifery expert will review the records and report on breach and causation. In claims involving maternal psychiatric injury, an independent psychiatrist will also report.

For time limits, see the time limits guide. For funding, see the funding guide. For the claims process, see the how to claim guide.

This page provides legal information, not legal advice. If you believe a stillbirth was caused by a failure in clinical care, speak to a qualified solicitor who specialises in clinical negligence. Time limits apply and early advice is important.