Stillbirth and Medical Negligence Claims

The loss of a baby to stillbirth is a grief no parent should have to bear. When that loss may have been preventable, families are often left with questions about what went wrong and who is responsible. Parents deserve compassion, support, and the opportunity to seek justice. At Commins Hendriks, we provide legal guidance to families across NSW, the ACT and VIC, helping them understand whether medical care fell below the expected standard and whether a medical negligence claim is possible. Our role is to support parents through the legal process while helping uncover the answers they deserve.

This article explains when a stillbirth may give rise to a negligence claim, how claims are brought, examples of the types of failures that commonly contribute to preventable stillbirths, and what compensation families may be able to seek.

What is “stillbirth” and when might negligence be involved?

In everyday language a stillbirth refers to the loss of a baby during pregnancy or birth after the point at which a baby would be considered viable. Not every stillbirth is due to medical error. However, if clinicians, midwives or hospitals fail to meet the accepted standard of care during pregnancy, induction or labour — and that breach causes or contributes to the baby’s death — there may be grounds for a medical negligence claim.

Common clinical failings that can lead to a preventable stillbirth

While every case is different, some clinical failures frequently feature in stillbirth claims. Examples of common failings include:

Failure to monitor pregnancy and fetal wellbeing, including not arranging appropriate ultrasounds, growth scans, or heart rate monitoring;
Failure to diagnose or manage maternal conditions, including such as gestational diabetes, pre-eclampsia, or infections that increase risk;
Delays in acting on warning signs during labour, including ignoring abnormal fetal heart tracings, reduced movements, or signs of fetal distress;
Failure to perform a timely caesarean section, including when an emergency delivery was necessary but not carried out in time;
Inadequate resuscitation or neonatal support after delivery;
Improper management of medication including prescribing errors or failure to adjust treatment for pregnancy complications.

Every case is different, and determining whether negligence occurred requires careful review by experienced lawyers and medical experts.

What Compensation Can Be Claimed?

While no amount of money can ever replace the loss of a child, compensation can help relieve some of the practical and emotional burdens families face after such a tragedy. Depending on your circumstances, you may be able to claim for:

Pain and suffering – recognising the emotional and psychological impact you have experienced.
Medical expenses – including pregnancy, labour, and postnatal care and future treatment expenses.
Loss of income – if time off work is required for recovery or counselling.
Care and support services – for assistance with daily life and mental health recovery.

Compensation is not just financial relief — it is also recognition of the harm caused and the accountability that should have been upheld.

Why Choose Commins Hendriks?

Compassionate support: We understand that discussing the loss of a child is incredibly difficult. Our team approaches every case with sensitivity and respect.
Proven expertise: With over 100 years of serving communities across NSW, ACT, and VIC, our lawyers have long standing experience in medical negligence claims.
No-win, no-fee: You will not pay legal fees unless your claim is successful. We also cover disbursements, so you have no upfront costs.
Local strength: With offices across regional NSW and in Canberra, we are accessible and connected to the communities we serve.
Passionate lawyers: Claims of this nature deserve a lawyer invested in your outcome and who will advocate strongly for you. Our female led team of medical negligence lawyers are experienced and passionate about birth trauma issues.

We are committed to standing by your side and ensuring your voice is heard.

Case study — KS & XT v Calvary Private Hospital (ACT)

Our medical negligence team is one of the leading teams in the country, with proven results. One of the most significant stillbirth negligence cases in the ACT was run by our team at Commins Hendriks. In KS & XT v Calvary Private Hospital in the Supreme Court of the Australian Capital Territory, induction of labour was started after the pregnancy went overdue. Within a short time, fetal heart monitoring showed abnormal heart activity and repeated bradycardic episodes. The treating team did not escalate care promptly and there was a delay in arranging an emergency caesarean. Sadly, the baby was delivered stillborn.

The Court found failures in care and concluded both the hospital and the treating obstetrician had breached their duties. Damages totalling nearly $900,000 were awarded to the parents for psychological injury and related losses, with liability apportioned between the obstetrician and the hospital. This judgment underlines the legal consequences where timely recognition and response to fetal distress do not occur and demonstrates that families can achieve justice through the Courts.

Limitation periods — act early

Time limits for bringing medical negligence claims vary across states and can be complex. As a general guide, claims must be filed within three years from the date of injury, or in some cases, from the date of discoverability. However, this can vary slightly across jurisdictions and early legal advice is vital. Missing a limitation deadline can prevent a claim proceeding.

Taking the Next Step

If you have experienced the stillbirth of your child and believe medical negligence may have been involved, you are not alone. Legal advice can help you understand your rights, the strength of your claim, and the options available to you.

At Commins Hendriks, we offer a free, confidential consultation to discuss your situation. Our compassionate lawyers will listen, provide guidance, and fight to secure the justice and answers you deserve.

💙 Support services: If reading this article has caused distress, please know help is available. You can call Lifeline on 13 11 14 for free and confidential 24/7 crisis support.

1800 643 779