Case study: compensation secured for mother after avoidable stillbirth and Prolonged Grief Disorder

Our medical negligence solicitors supported a mother in claiming significant compensation after she sadly lost her daughter at full term due to substandard care at a hospital. Our team supported her through her claim, including the lasting psychological impact of her loss. 

Please note, this case study includes details of stillbirth which may be triggering for some, particularly those who have experienced baby loss. We do, however, hope it is helpful for those who are wondering how legal support may assist them.

Background: high-risk pregnancy and reduced foetal movements

Our client, Grace, fell pregnant in 2019. Her pregnancy was considered high-risk due to her age and because she had suffered a miscarriage previously.

Grace had regular appointments throughout her pregnancy and had several instances of reduced foetal movements and abdominal pain. She was understandably anxious about this but was reassured by her midwives that she and her baby were healthy. She was excited to be having a daughter.

A missed chance to act

On her due date, Grace contacted the labour ward, as she was worried about reduced fetal movements and was experiencing pains that felt like labour pain. She was reassured and told to stay at home and wait to see her community midwife as planned the following week. The following day, Grace left a message with the community midwife, as she was still concerned about her baby’s movements.

The day after leaving this message, Grace went to see her community midwife. The midwife was unable to hear the baby’s heartbeat and immediately referred her to the hospital. Sadly, an ultrasound confirmed that Grace had lost her baby.

Agonisingly, Grace still had to go through labour and delivered her baby girl stillborn at full term.

The impact of stillbirth on Grace and her family

Grace’s loss had a devastating impact on her and her family. Grace struggled with insomnia, flashbacks, and regular nightmares. She found herself avoiding children who were her daughter’s age and trying to avoid contact with other mothers or pregnant women.

Grace also noticed her anger and sadness were affecting relationships with her family.

Diagnosis of Prolonged Grief Disorder

As a result of the stillbirth, Grace was diagnosed with depression and a Prolonged Grief Disorder (PGD). Prolonged Grief Disorder is characterised by intense and persistent grief symptoms, which can become debilitating and have a severe effect on a person’s daily life.

PGD is a relatively new diagnosable disorder and was only added to the standard guidebook used by mental health professionals in 2022. Its symptoms and impact can be very similar to PTSD, but it is now recognised as a separate condition.

Following her loss, Grace tried to conceive again and sadly suffered multiple miscarriages, before finally giving birth to a healthy baby girl in 2023. Grace had hoped that the birth of her daughter would help her and her family come to terms with what had happened and begin to heal and move forward.

However, Grace continued to struggle mentally, as every time she held her daughter, she was reminded of the baby she had sadly lost. Grace’s mental health sadly declined further, rather than improving following the birth of her daughter in 2023, due to the toll of her further miscarriages and continued struggles with Prolonged Grief Disorder. 

Claiming for medical negligence

Grace instructed our medical negligence solicitors to investigate the circumstances that led to the loss of her daughter and to bring a claim on her behalf. Our team, which specialises in birth injury and stillbirth claims, obtained medical records and independent expert evidence from an expert in Feto-Maternal Medicine. The consultant was supportive of Grace’s claim, and allegations were put to the hospital Trust concerning the avoidable loss of her daughter.

The hospital accepted that an earlier induction of labour should have been arranged for Grace and that the failure to do so had been substandard. The hospital also admitted that earlier induction would have prevented our client’s stillbirth. Most importantly, they apologised to Grace.

Compensation for psychological injury and loss of earnings

After receiving the hospital’s admissions, we instructed a consultant Psychiatrist and an employment expert. Grace had previously worked for the NHS and planned to continue doing so for the rest of her life. Unfortunately, Grace was unable to return to this work due to the severity of her psychological injuries. Grace now found the role extremely triggering and could no longer work in a healthcare setting, as it constantly reminded her of losing her own baby. Our team assisted Grace with her claim for her past and future loss of earnings and pension.

Our team secured a settlement figure which included a significant sum to compensate Grace for her severe psychological injuries. The compensation would help her access future psychological care and support and provide her with security for the future.

Grace was thankful for our support, patience, and persistence in seeking justice for her and her daughter.

“Losing my baby came as a huge shock and had a profound psychological impact on me. Going through the case was also extremely difficult and emotionally challenging.

I would like to say a big thank you to my lawyers at Barcan and Kirby who worked tirelessly and fought hard to ensure that my case was settled fairly. Their support throughout the process meant a great deal to me.

Now that my case has been settled, I hope that this will give me some closure and allow me to begin moving forward and looking towards the future.”

How we can help

Losing a baby is devastating, and it’s natural to have questions about what happened. If you are concerned about the care you or your baby received during pregnancy or birth, we can help.

Our specialist solicitors can listen to your concerns, review what happened and explain whether you may be able to claim compensation. If care has fallen short, we can help you get answers and the support you need to help you move forward.

Call us on 0117 325 2929 or fill out our online enquiry form.

Baby loss support

Further support relating to pregnancy and baby loss can be found below:

• Sands
• Tommy’s