Birth Injury Claims

Still Birth and Neonatal Death Claims

Unfortunately, despite medical advancements, still birth and neonatal deaths, whilst rare, can occur. Some still births and neonatal deaths are unavoidable. However, in some tragic circumstances the death can be caused by negligent medical treatment.

If you have lost a baby, you will understandably have many unanswered questions as to what caused the death of your baby. 

Laura will provide you with the support and advice you need in seeking those important answers. Contact us to speak with Laura today.

What is the Difference between a Stillbirth and Neonatal Death?

Where a baby (after 24 weeks gestation or more) passes away pre birth (either before or during delivery) it is known as a stillbirth. If a baby is born alive, but tragically passes away post birth within 28 days of birth, this is known as a neonatal death. 

Examples of medical errors which can cause a Stillbirth or Neonatal Death
  1. Failure to monitor the baby’s heartbeat and identify foetal distress;
  2. Failure to monitor the mother appropriately during pregnancy;
  3. Failure to refer to Consultant/A&E during Pregnancy
  4. Delay in delivering baby
  5. Failure to identity and act upon signs of placental or uterine abruption
  6. Failure to identify and treat pre-eclampsia or gestational diabetes
  7. Failure to appropriate resuscitate baby
  8. Failure to monitor the baby in the neonatal period.
Who can bring a Stillbirth or Neonatal Death Claim?

A claim can be taken by what is known as a “dependent” of the Deceased. In such cases, a dependent will include parent(s), grandparent(s) and sibling(s) of the Deceased. 

What will likely happen after the Stillbirth or Neonatal Death?

Post Mortem

Following a stillbirth or neonatal death, the hospital staff will advise you as to the cause of your baby’s death. More often than not, a post-mortem will be carried out to try to establish a cause of death. A post-mortem is a medical examination of the body to determine the exact cause of death. It is carried out by a Pathologist-a doctor who specialises in the nature and causes of disease.



If the post-mortem examination cannot explain the cause of death, an inquest will be held. An inquest is a public enquiry conducted by a Coroner to establish answers in respect of the facts surrounding the death, the date and place of death and the cause of death.

How Can Croke Medical Law Help?

Croke Medical Law are well experienced in Birth Injury Claims and will provide expert legal advice in an empathetic manner. 

We can: 

  1. Investigate the cause of injury and provide answers that you and your family deserve to know to allow you to better understand what happened and to determine if a medical error was made. 
  2. Provide advice in relation to the legal process and represent you throughout your legal journey. 
  3. Seek financial compensation for your child. 
  4. Seek an explanation and an apology from the wrongdoer(s).