Stillbirth & Neonatal Deaths Claims

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If your baby died due to hospital negligence then you will have many unanswered questions as to what caused the death of your baby.

Stillbirth & Neonatal Deaths Claims
You may also need advice relating to an inquest and compensation in relation to the death of your baby.

Our specialist medical negligence team will provide you with the support and advice you need.

Compensation for the death of a baby

Unfortunately, stillbirth and neonatal deaths do occur despite advances in medicine.

Some unavoidable stillbirths or neonatal deaths can arise in certain circumstances, such as where there may be:

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Umbilical cord problems
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Genetic defects
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A maternal infection that affects the baby
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Placental abruption
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Haemorrhage
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Pre-eclampsia

There are, however, tragic cases where negligence causes the baby to be stillborn or where a death occurs following the baby’s delivery (neonatal death).

What is a stillbirth?

Where a baby is born dead after 24 weeks of a pregnancy, either before or during the delivery, it is known as a stillbirth.

Examples of a stillbirth which occurs because of a mistake by a midwife or doctor:

  • Failure to monitor the baby’s heartbeat and identify reduced fetal movement
  • Not providing regular check-ups during pregnancy
  • Failing to refer a pregnant woman to a consultant where appropriate
  • Failure to identify and act upon signs of placental abruption or uterine rupture
  • Failure to identify symptoms of pre-eclampsia or gestational diabetes
  • Failure to monitor the fetal heartbeat and identify fetal distress
  • Delay in delivering baby by emergency caesarean section
What is a neonatal death?

A neonatal death is when a baby is born alive but dies within 28 days following birth.

Whilst a neonatal death may be preventable, some still occur as a result of medical negligence.

Examples of neonatal death medical negligence claims are:

  • A failure to monitor the baby’s heartbeat and fetal distress during labour
  • A failure to perform an emergency caesarean section within an appropriate time
  • Failing to arrange for a baby deprived of oxygen at birth to receive active or passive cooling
  • Failing to monitor the baby for infection or Group B Strep post-delivery

It is common for a post-mortem to take place following a neonatal death which will assist in identifying the cause of death. A post-mortem can only take place with the parents’ consent. Where the cause of a neonatal death is unexplained, an inquest should be held to determine the reason why the baby died. An inquest should also take place where the Coroner can review whether recommendations need to be made to avoid a similar death in the future.

Féileacáin, which is a charitable organisation, provide support to bereaved parents following a neonatal death.

What happens after a stillbirth/neonatal death?
Following a stillbirth or neonatal death, parents rely on the hospital and medical staff to guide them and advise them in relation to the cause of their baby’s death. This may involve a post-mortem and a possible Inquest into the cause of death.

A post-mortem can only occur with written consent.

Hospitals will assist in providing a cold cot for the family to stay with the baby for as long as possible before the funeral takes place. They will also arrange to take photographs or mementos, such as a handprint or footprint of the baby.

Féileacáin (Stillbirth and Neonatal Death Association of Ireland) was formed in 2009 and is a charitable organisation. It was formed by a group of bereaved parents to offer support to anyone affected by the death of a baby around the time of birth. Féileacáin provides bereaved parents with memory boxes which allow parents to create precious memories in the short time that they have with their baby. They also offer beautiful handknit baby clothing for the parents of tiny infants. They provide regular support meetings which allow bereaved parents space and time to remember their baby and they offer a support helpline to anyone affected by the death of a baby.

Stillborn and neonatal death compensation
We seek compensation for pain and suffering caused as a result of the stillbirth or neonatal death.

In addition, we seek compensation for expenses incurred such as funeral expenses, therapy and counselling costs, travel costs, childcare costs, loss of earnings, inquest fees and any other costs associated with the death.

It may also be possible to include a claim for wrongful death pursuant to Part IV of the Civil Liability Act 1961 as amended.

Why choose Liston Flavin Solicitors?

Liston Flavin Solicitors are known to be leading medical negligence solicitors in stillbirth or neonatal claims in Ireland. They have represented families in high profile cases and have exposed scandals at maternity hospitals such as Portlaoise Hospital and Portiuncula Hospital.

Rachael Liston represented Mark and Roisin Molloy in relation to the death of their son, baby Mark, at Portlaoise Hospital. She appeared on Prime Time Investigates in relation to the scandal relating to maternity services at Portlaoise Hospital.

Rachael was also involved in exposing problems with maternity services at Portiuncula Hospital and represented Warren and Lorraine Riley regarding the death of their daughters’ baby Asha and baby Amber. She appeared live on RTE’s Six One News to discuss the Review into the maternity services at Portiuncula Hospital.

Rachael Liston has particular expertise in representing families, throughout Ireland, who have lost babies as a result of a stillbirth or a neonatal death. She regularly represents families at inquests into the cause of a baby’s death. She leaves no stone unturned in relation to her investigations as to the cause of death and she seeks answers and apologies for bereaved parents following the death of their precious baby.

Our medical negligence team are extremely experienced and knowledgeable in pursuing stillborn and neonatal death claims.

For more information about how we can help you, please contact Rachael Liston or Clare Flavin on 01-9123240 or email info@listonflavin.ie

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Dental Negligence Claims

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