Experiencing a stillbirth or neonatal death can be one of the most difficult experiences a person can go through. If you have been diagnosed with a psychological illness or injury due to a stillbirth caused by medical negligence, you may be eligible for compensation.
Medical negligence and stillbirth compensation
Stillbirths, or the death of a child shortly after birth, can have many causes, some unavoidable. However, in some cases it can be attributed to medical negligence.
If your stillbirth experience was caused by medical negligence, however, you must be diagnosed with psychological symptoms caused by the event in order to successfully claim compensation.
Under Australian law, medical practitioners are obliged to provide a reasonable standard of skill when diagnosing, treating, advising, or operating on patients. This is known as the ‘duty of care’. However, medical negligence compensation claims resulting from stillbirths must demonstrate that a breach of that duty of care has caused harm beyond the death of the child.
Medical negligence is a difficult and delicate part of the law. Unfortunately, the medical and legal complexities of these situations can seem overwhelming, especially when suffering from psychological distress.
It’s advisable to seek legal support during this difficult period, so you can get expert help to understand your options and empower you to pursue the path that’s right for you. What’s My Claim Worth advisors can assist in guiding you through the challenging legal structures around claiming compensation, and connect you with the specialist lawyer who’s most appropriate for your case. Our legal partners work under a No Win, No Fee guarantee (excluding defendant costs if the claim is litigated), so you don’t have to worry about finances at this difficult time.
How do I claim compensation for a stillbirth?
Depending on the circumstances of your case, you may have several options for bringing a stillbirth compensation claim. A What’s My Claim Worth adviser will be able to provide more clarity after an initial, confidential discussion.
In general, however, medical negligence claims are made against the liable medical practitioner or their employer. As all Australian medical practitioners are covered by professional indemnity insurance, the compensation is paid by an insurance company rather than the hospital or doctor. It’s quite rare for medical negligence claims to be litigated, with the majority ending in settlement before that stage.
A stillbirth compensation claim may result in:
- Compensation paid for psychological treatment expenses
- Compensation for lost earnings, including loss of future earnings
- Compensation for pain and suffering associated with psychological injury or illness
There may be other forms of compensation available to you, your dependents, or your carers.
How can What’s My Claim Worth help?
What’s My Claim Worth’s services are designed to help ordinary Australians achieve the compensation they’re entitled to, during times of distress and misadventure. Our advisors can help you understand the compensation claims process, clarify your legal situation and the options available to you, and connect you with an appropriate lawyer from our Australia-wide network. Our legal partners operate under a No Win, No Fee guarantee, so you’re free to pursue the path that’s right for you, without wondering whether you can afford to.
