Birth injury & birth trauma
"I Told Them She'd Stopped Moving": Stillbirth, Grief, and Wondering If It Could Have Been Prevented
In this article
If your baby was stillborn and you can't stop wondering whether it could have been different, this is written for you, as gently as I know how. I'll explain what Australian guidance says about preventing stillbirth, where care can fall short, and how a lawyer looks at these questions. I'll also point you to support, because answers matter but so does getting through each day.
There are no words.
I won't pretend there are.
Maybe you noticed your baby was quieter than usual. You rang the hospital and were told babies slow down near the end. Have something cold and sweet, they said. Lie on your side and count.
Maybe you went in, were put on the monitor for a little while, and sent home.
Maybe you'd been told your baby was "measuring a bit small", or your blood pressure was creeping up, and the plan was to "keep an eye on it".
And then the ultrasound room went silent.
Now you're carrying a grief that most of the people around you can't begin to understand. And underneath it, a question you might feel you're not allowed to ask:
Could this have been prevented?
You are allowed to ask it. Asking doesn't mean you blame yourself, and it doesn't mean you loved your baby any less. So many parents tell me they don't want anything except the truth. That is a completely understandable thing to need.
Understanding stillbirth
Stillbirth
In Australia, a stillbirth is the death of a baby before birth, from 20 weeks of pregnancy or 400 grams birth weight.
In plain terms: your baby died before they could be born alive. And your baby was, and is, your baby.
Stillbirth is far more common than most people realise. The Australian Institute of Health and Welfare recorded 2,278 stillbirths in 2021, a rate of 7.2 per 1,000 births. The Stillbirth Foundation describes it as six babies stillborn in Australia every day.
Not every stillbirth can be prevented. Some happen because of genetic conditions, infections, or problems no one could have detected. I want to be honest about that from the start.
But some stillbirths happen after warning signs were missed or not acted on. And Australia now takes that possibility very seriously.
Stillbirth prevention is now a national priority.
In 2018, the Senate Select Committee on Stillbirth Research and Education examined why so many Australian babies are stillborn. The federal government went on to adopt the National Stillbirth Action and Implementation Plan, and the Department of Health now runs a program focused on preventing stillbirth.
The Safer Baby Bundle
A set of evidence-based practices for maternity services, developed by the Centre of Research Excellence in Stillbirth. It focuses on areas such as responding to changes in a baby's movements, detecting babies who aren't growing well, and planning the timing of birth for women at higher risk.
In plain terms: a checklist of things maternity care should get right. In February 2026, Monash University researchers reported the bundle was associated with fewer stillbirths in participating Victorian maternity services. Good care makes a measurable difference.
Where care can fall short
Please read this part slowly, and stop if you need to. You don't have to take it all in at once.
When you said the movements had changed.
A change in your baby's movements can be an early sign that something is wrong. National guidance on caring for women with decreased fetal movements says you and your baby should be assessed as soon as possible, ideally within two hours.
Let's say you rang on a Sunday night because your daughter had barely moved all day. Were you asked to come in? Or were you told to wait until morning? If you went in, were you and your baby properly assessed, or just briefly monitored and sent home?
When your baby wasn't growing well.
Babies who aren't growing as expected are at much higher risk of stillbirth. Growth should be checked at antenatal visits, and concerns should lead to scans, closer monitoring and, where needed, a plan for an earlier birth. If you were told your baby was "small" and then nothing changed, that may matter.
When your own health was at risk.
High blood pressure, pre-eclampsia, diabetes and some liver conditions in pregnancy all raise the risk of stillbirth. They need to be recognised, monitored and managed, including careful decisions about when your baby should be born.
When you went past your due date.
The risk of stillbirth rises as pregnancy continues beyond term. You should have been given information and offered monitoring and options about the timing of birth.
During labour.
Some babies die during labour. Monitoring your baby's heart rate, and responding quickly to signs of distress, is essential. A delay in acting on an abnormal heart trace can be the difference between life and death.
If this is landing for you, and part of you has always wondered, you don't have to hold that question alone. I'm here to listen whenever you're ready, with no pressure at all.
How a lawyer looks at this
I want to explain this plainly, because I think you deserve honesty more than hope.
Standard of care
Did your care fall below what a competent clinician should have provided at the time? Independent medical experts review your records to answer this.
In plain terms: did the people caring for you respond the way a careful team should have?
Causation
If the care fell short, would doing things properly have saved your baby?
In plain terms: would your baby most likely be alive if the warning signs had been acted on?
In stillbirth cases, the second question can be the hardest, and it depends heavily on expert evidence. I'll never tell you the answer before the evidence is in. But I can promise to look properly.
As you think back, you might notice whether any of these feel familiar. Did you report changed movements and wait for an assessment, or not get one at all? Were you told your baby was small, without extra scans or a plan following? Was a health condition not closely managed? Were you overdue without monitoring or a conversation about timing? Were you never given a clear explanation of why your baby died?
Getting answers
After a stillbirth, hospitals should offer investigations to understand what happened, and you should be given honest information. NSW public hospitals have an open disclosure process for conversations with families after something goes wrong. You can also take your concerns to the Health Care Complaints Commission.
Sometimes the explanation a family receives just doesn't add up. That's often when parents ask me to review the records independently.
What a claim can and can't do
Nothing can bring your baby back. No amount of money can measure what you've lost, and I would never suggest otherwise.
The law in this area is complex, and what's possible depends on your circumstances. But a claim may be able to get independent experts to tell you honestly whether your baby's death could have been prevented. It may be able to recognise the psychological injury parents can suffer after a preventable stillbirth, and a mother's own physical injuries, such as from an emergency birth. It can help cover treatment, counselling and time away from work.
And for many parents, it's also about making sure the same thing doesn't happen to another family.
Stillbirth sometimes comes with other complications for the mother. If you also experienced heavy bleeding after birth or a severe tear, those injuries matter too.
Please don't carry this alone.
Red Nose Grief and Loss supports anyone affected by the death of a baby, including through a 24/7 support line on 1300 308 307. The Gidget Foundation offers free counselling, including after pregnancy loss. Whatever you decide about anything else, please let someone hold some of this with you.
Frequently asked questions
Am I to blame for not going in sooner?
No. If you were worried and reached out, it was your care team's job to respond properly. Many parents in this situation were reassured by staff when they raised concerns.
Is it too soon to be thinking about this?
There's no right time. Some parents reach out within weeks; others, years later. You don't have to decide anything now, but getting early advice can protect your options.
Is there a time limit?
Yes. In NSW, time limits are set by the Limitation Act 1969 and they're strict. It's best to get advice early, even if you're not ready to act.
Will I have to talk about everything at once?
No. We go at your pace. You can share as much or as little as you're able to, and we can stop whenever you need to.
A closing thought
Your baby existed. Your love for them is real. And your questions about what happened to them are part of that love, not separate from it.
So I'll leave you, very gently, with this: what would it mean for you to finally know the truth, whatever it turns out to be?
Keep reading: Birth injury and birth trauma · Shoulder dystocia and Erb's palsy
This article is general information only. It is not legal or medical advice, and reading it does not create a lawyer–client relationship. Every situation is different. If you are in crisis, please call Lifeline on 13 11 14 or 000 in an emergency.
