Pregnancy Loss and Stillbirth Claims
I am so sorry. Most losses in pregnancy are no one’s fault. Some happen after a warning sign was missed, a scan wasn’t followed up, or a concern you raised wasn’t acted on. If you are wondering whether that happened to you, you can ask, and you deserve a careful, honest answer.
With Dr Rosemary Listing, PhD (Law) · Medical negligence specialist, in practice since 2013 · Of Counsel, Peter Evans & Associates
Questions families often carry
You don’t need to know whether you have a claim before you get in touch. If any of these sound familiar, it may be worth asking.
- I told them something was wrong, and I was sent home or reassured.
- I had a previous loss, LLETZ or a short cervix, and no plan was made.
- A scan or test result was abnormal, and I don’t know what was done about it.
- My baby’s movements changed, and I wasn’t monitored.
- Things moved fast at the end, and no one has explained why.
- The records don’t match what I remember.
Feeling unheard is not proof of negligence. But it is a good reason to ask for an independent look.
Common situations, through pregnancy
In the files I review, harm rarely comes from one dramatic mistake. It usually comes from a chain of small missed steps. These are the situations I see most often, and when they tend to arise.
- History not taken or passed on: a past late loss, LLETZ or IVF
- No referral to a preterm birth or high-risk clinic
- A planned stitch not offered when the history called for one
- A short cervix not measured or acted on
- A stitch that failed, or wasn’t followed up
- Waters breaking early, with infection signs missed
- Pre-eclampsia symptoms not investigated
- Reduced movements not acted on
- Abnormal monitoring in labour not escalated
The 20-week line matters: in NSW, a baby who shows no signs of life after birth at 20 weeks or more, or weighing at least 400 grams, is legally stillborn (Service NSW). See is 20 weeks a miscarriage or a stillbirth?
Three questions decide a claim
A claim isn’t about whether something went wrong. It depends on the answers to these questions.
Was the care below standard?
Would a widely accepted body of Australian practitioners have regarded the care as competent?
In plain terms: did they do what a careful clinician should?
Did it change the outcome?
Would better care probably have prevented the loss or injury? A lost chance alone is not enough.
In plain terms: would it probably have been different?
Were you properly informed?
Were you told about material risks and reasonable options, such as a stitch, progesterone or an earlier birth?
In plain terms: did you get to make the choice?
A claim usually rests on questions 1 and 2 together, or on a failure to inform you that probably changed what happened.
It depends on what happened to your baby
The law treats a stillbirth, a late miscarriage and a baby who was born alive differently. Follow the path that matches your experience.
Stillbirth or late miscarriage
20 weeks or more is a stillbirth in NSW; earlier is a miscarriage.
- The mother, for her own physical and psychological injury
- A partner who was present, in some circumstances
Your baby died after birth
- The family, under the Compensation to Relatives Act 1897 (NSW)
- The mother, for her own injury
Your baby survived with lasting injury
- The child, through a parent
- The parents, in some cases
This is a general guide. Who can claim, and for what, depends on the facts.
The clock doesn’t start at the loss
In NSW, the time limit runs from when the claim becomes discoverable, under sections 50C and 50D of the Limitation Act 1969 (NSW). For many families that is long after the loss, often not until the records are reviewed or an expert gives an opinion. An outer long-stop also applies, and the rules for children differ. Working out your date is part of the first review. More in medical negligence time limits in NSW.
What happens when you get in touch
You stay in control at every step. Nothing goes ahead without your agreement.
- 1
Talk
Tell me what happened, at your pace. No documents needed.
- 2
Records
With your permission, we request the antenatal, scan, birth and pathology records.
- 3
Timeline
I build a timeline of what happened, and when.
- 4
Experts
Independent clinicians review the care and whether it changed the outcome.
- 5
Your choice
An honest answer, including when the care was reasonable, and you decide what’s next.
The free case review page explains the first steps in more detail.
Getting answers is not the same as making a claim
Many families start with one of the first three. You can do any of them with or without legal advice, and none of them stops you claiming later.
Debrief
- What it gives you
- A conversation with a senior clinician about what happened
- Best for
- Understanding the events
Records
- What it gives you
- The written account: notes, scans, results, pathology
- Best for
- Checking what was recorded
Complaint
- What it gives you
- A written response, and sometimes changes to practice
- Best for
- Accountability and safety
Claim
- What it gives you
- Compensation for the harm, if the care fell short and caused it
- Best for
- Recognition, and meeting the costs of what happened
Read more about what happened to you
You don’t have to carry this alone
If you are in crisis, call Lifeline on 13 11 14. In an emergency, call 000.
Your questions, answered
Can you sue a hospital for a stillbirth?
Yes, if the care fell below the expected standard and better care would probably have prevented the stillbirth or changed the outcome. The mother may claim for her own physical and psychological injury, and a partner may have a claim in some circumstances.
Can you claim for a miscarriage?
Sometimes. A late miscarriage caused by negligent care, such as a missed short cervix or symptoms that weren’t acted on, can give the mother a claim for her own injury. Early miscarriage is usually not caused by care that could have been different.
Can I sue my obstetrician for negligence?
A claim can be brought against a private obstetrician, a public hospital, or both, depending on who was responsible for each part of your care. The records usually show this.
Do I need my records before I get in touch?
No. If there are questions worth asking, we can request them for you.
Is it too late?
Often not. Time runs from when the claim becomes discoverable, when you know, or ought reasonably to know, that you were injured by someone’s fault and that it is serious enough to claim. That is often well after the loss. The rules for children differ, so it’s worth asking.
Will it cost anything to find out?
The first conversation and case review are free. If there is a claim, I explain how it is funded before you decide anything.
When you’re ready, and not before, I can go through what happened with you and tell you honestly whether there are questions worth asking.
Free case reviewContact