Posted: 20/06/2025
Losing a baby is one of the most profound and heartbreaking experiences a family can endure. Unfortunately, many will be touched by a pregnancy or child-loss during their lifetime, and the standard of maternity care remains an area of increasing scrutiny nationwide.
Whether your baby was stillborn or passed away shortly after birth, the grief is immeasurable - and often accompanied by questions. If you believe that something went wrong in the care you received, you may be considering a clinical negligence claim.
To coincide with national Stillbirth and Neonatal Death Week, this article explains the differences in how UK law treats stillbirth and neonatal death, and how families can seek answers and accountability.
This distinction matters because it affects how the law recognises your baby and what kind of claim can be made.
This can feel deeply unfair, especially when the emotional loss is just as profound in both situations. However, the law does provide ways to seek justice and recognition in both cases.
For stillbirth
Although the statutory bereavement award under the Fatal Accidents Act 1976 does not apply to stillbirths, legal precedents have helped families receive meaningful compensation:
Additional damages in stillbirth claims may include, for the mother or birthing person:
For neonatal death
Because the baby is legally recognised as a person, families may claim:
In cases of both stillbirth and neonatal death, you can also consider claiming the costs of achieving and undergoing an additional pregnancy to complete your family, if this is something you plan to do. Here at Penningtons Manches Cooper, our team has experience in bringing claims for compensation where fertility support is required to achieve another pregnancy, for example the use of IVF.
The law allows you to claim for psychiatric injuries if you also suffered a physical injury. In this case you are known as a 'primary victim'. Therefore, if an injury occurs during the mother's or birthing person's pregnancy or birth, which cases the baby's death, they are considered a primary victim and a psychiatric claim may be made if they have suffered such an injury.
In 2024, the Supreme Court ruled in Paul v Royal Wolverhampton NHS Trust that to claim as a 'secondary victim' (someone who suffers psychiatric harm from witnessing a loved one’s death), the event must involve a sudden, shocking accident - not just a medical crisis.
This means that even if parents witness their baby’s death due to negligent care, they usually cannot claim for psychiatric injury unless the event was extremely sudden and traumatic in a very specific legal sense.
However, parents may still be able to claim as a primary victim (eg the mother or birthing person, for trauma during pregnancy or birth).
While the deep distress and heartbreak inflicted on families following the death of a baby is clear, it is now very difficult to claim for a psychiatric injury for purely witnessing this. It is important you choose a clinical negligence team that can support you through the navigation of this change in the law.
In addition to legal claims, families have several ways to raise concerns and understand what happened:
Perinatal Mortality Review Tool (PMRT)
Maternity and Newborn Safety Investigations (MNSI, formerly HSIB)
NHS complaints process
A legal claim is not usually about money - it’s about answers, accountability, and ensuring that no other family suffers the same loss. A successful claim can also provide access to specialist support, including counselling and bereavement services, ones that can be difficult to obtain when you need them through the NHS.
If you are considering a claim, know that you are not alone. Specialist clinical negligence solicitors can guide you through the process with empathy and care. They can help you understand your rights, gather evidence, and pursue justice at a pace that feels right for you.
Whether your baby was stillborn or died shortly after birth, your grief is valid, and your experience matters. The law may draw distinctions, but your love and loss are not defined by legal terms. If you feel something went wrong, you have every right to seek answers - and support is available to help you do just that.
These UK-based charities offer emotional support, practical help, and a community of people who understand:
Sands (Stillbirth and Neonatal Death Society)
Sands provides a wide range of support for anyone affected by the death of a baby. This includes a national helpline, local support groups, online forums, and bereavement resources. It also works to improve maternity care and fund research into baby loss.
www.sands.org.uk/support-you
Helpline: 0808 164 3332
The Lily Mae Foundation
This charity supports families who have experienced stillbirth, neonatal death, miscarriage, or medical termination. It offers memory boxes, counselling, support groups, and awareness events to help families feel less alone.
www.lilymaefoundation.org
Tommy’s
Tommy’s funds research into miscarriage, stillbirth, and premature birth, and offers expert advice for parents during and after pregnancy. Its support includes information for those navigating pregnancy after loss.
www.tommys.org
Twins Trust Bereavement Support
Specialist support for families who have lost one or more babies from a multiple pregnancy. Services include counselling, peer support, and tailored resources for twin and triplet loss.
www.twinstrust.org/bereavement
Email Victoria
+44 (0)1256 407207
Email Grace
+44 (0)1483 411 450
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