Baby Loss ' What Can Parents Claim For?

• Published date: 01 April 2021
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Family Law, Personal Injury, Professional Negligence
• Law Firm: Enable Law
• Author: Helena Henderson and Claire Stoneman

An avoidable stillbirth or neonatal death is devastating. It has a life-long impact on parents, siblings, wider family and friends. At Enable Law, we know that those who have experienced baby loss are not pursuing legal claims for financial compensation but to obtain answers, find out what happened and why, and to ensure that no other parent and family has to go through the same thing.

No amount of money can change what has happened or compensate for losing a baby. Unfortunately, money is the only legal remedy available to the Court. Even though money often isn't the main purpose of bringing a claim, it can be used in a positive way to open the door to different forms of private counselling and support.

There are two types of financial compensation available.

GENERAL DAMAGES

These damages compensate our clients for the pain, suffering and loss of amenity they have suffered as a result of their baby's stillbirth or neonatal death. They address the non-financial harm that has been suffered. We can put forward a claim for the following:

• Your pain, suffering and loss of amenity from a recognised psychiatric injury. This needs to be supported by an expert report from an independent psychiatrist or psychologist. The amount of damages is taken from the Judicial College Guideline figures which provide brackets for compensation in relation to specific injuries.
• Your baby's pain, suffering and loss of amenity (if your baby passed away shortly after birth)
• The loss of satisfaction of bringing your pregnancy to a successful conclusion
• The pain and discomfort of having to go through an additional pregnancy to complete your family
• The pain and discomfort of having to have a Caesarean section in a subsequent pregnancy, if that is now required
• Bereavement award - the law sets out that the bereaved should recover a sum to 'acknowledge' their loss. This is a fixed sum ('12,980 for any death before 1 May 2020, thereafter '15,120) and is claimed in addition to the amount for pain and suffering

SPECIAL DAMAGES

These are the financial losses that you have suffered and can include:

• Funeral expenses
• Headstone
• Layette (money spent in preparation for the birth, such as buying a cot, clothing, pushchair)
• Counselling following your bereavement
• Fertility treatment for a subsequent pregnancy
• Travelling expenses (e.g. to medical appointments, counselling)
• Private obstetric treatment during a subsequent pregnancy
• Loss of earnings (e.g. change of hours or role, extended maternity...