Experiencing the loss of a baby is something no parent should have to go through. When it happens, there’s unexplainable sadness, unanswered questions and the feeling that life will never be the same. What many families may not know in those early days, is that in some cases (but not all), the loss may not have been inevitable.
In some cases, there may have been signs that if acted upon would have resulted in action. In other cases, the monitoring may not have been as thorough as it should be. And in some cases, the care that was supposed to be there just wasn’t.
Although it’s probably the last thing on anyone’s mind while trying to come to terms with what has happened, there are certain aspects of the legalities of pregnancy loss that families should at least be aware of. If for no other reason that it may be significant for families that feel the care that they received was not what it should have been.
When Care Is Not What It Should Be
Pregnancy loss can happen for various reasons and in most cases, it is truly tragic and unavoidable. Yet in other cases there are instances where proper care could possibly have made a difference. For instance, scan results may have indicated a pattern that didn’t get the attention it needed (promptly). A mother may have reported a drop-off in movement on more than one occasion but failed to have a proper response from clinicians. Signs of distress may have been missed in labor monitoring and treatment offered too late.
That being said, caregivers are expected to ensure that mothers and babies are monitored accordingly during pregnancy. There are standards that are expected to be followed when it comes to fetal care after all. The failure to ensure care is provided according to the expected standards can result in stillbirths and may give families an avenue to pursue Stillbirth Compensation through the legal system.
Again, this is not just about finding someone to blame for no reason. In fact, many families that go this route are not trying to get anyone back but simply looking for answers. Furthermore, they may need money to cover counseling, funeral services and even income losses that are incurred while recovering from the trauma.
What Medical Negligence Actually Means
Unfortunately, not every bad outcome is an indication of medical negligence as defined by the law though. Medical negligence, by definition is the failure of a medical professional to provide proper care which results in an injury or harm to the patient (in this case, the baby who dies). Some examples of medical negligence include the following: If a pregnant woman has presented herself on more than one occasion with a reported drop in fetal movement, she should be assessed every time she presents and not just sent away by staff promising there’s nothing to worry about.
Furthermore, if CTG monitoring suggests that a baby is in distress, but staff fail to act on this information quickly enough (in fact, if any action is not taken), and the baby dies, there is a case for medical negligence. The burden of proof for medical negligence involves proving that the care received was not what it should have been. But it also has to show that had proper care been given, it is most likely that this would have prevented the situation that has arisen.
This is why medical records and keeping them safe is important.
The Investigations That Should Take Place
Once a stillbirth has occurred, hospitals should be adequately set up to investigate the case as soon as possible and carry out a review of the care given to the baby and family.
They should be able to determine whether anything could have been done to prevent the situation at any point before or leading up to the stillbirth.
As a next step that helps provide at least some form of closure for affected families, the family should also be informed of the findings of such an investigation within a short period of time.
Yet all too often these investigations are downplayed or the “mistakes” committed by staff members are attributed to differences in clinical reasoning. And in some cases families are only provided with information that doesn’t necessarily reflect their concerns related to the care provided to them and the baby.
It is during this time that some families look for help outside of the hospital. A solicitor (or lawyer) who specializes in medical negligence can contact the hospital on behalf of the affected family.
The solicitor may request the medical file immediately and this will be reviewed by an independent clinical expert who will provide feedback on how well (or poor) the case was handled by hospital staff and clinicians.
What Compensation Covers
Compensation may sound like an odd word for something that won’t ever make up for the loss of a baby. After all, no compensation package is ever going to be able to truly return life to affected families like it was before. Still, compensation can provide for at least a few major inconveniences for families trying to put their lives back together after having experienced such a major life change.
Compensation may cover funeral expenses which many grieving families struggle to pay in the time immediately after the stillbirth. Compensations also often cover counselling costs both at the onset of the trauma and usually for months afterwards should this type of care be needed.
For parents who have found themselves unable to work (or unwilling to be back at work) Compensation can also cover lost income.
In some cases, compensations can take care of future pregnancies that will need specialist involvement and may require learning about how to deal with pregnancies after having had a traumatic pregnancy experience.
In other instances, where compensation may have to be provided based on lost income due to not wanting to have any future pregnancies again.
What Timeline to Expect
Unfortunately, the last thing people want to hear is timelines as timelines mean waiting. Timelines vary but the time it takes to settle medical negligence claims can take up to 3 years (as well as up to any other period of time depending on the other various aspects of the claim) 18 months or more before a claim is resolved (if there’s an admission of liability).
This involves solicitors looking at various components and particulars over a period of time before they can reach a settlement agreement.
There are deadlines set out specifically when it comes to claiming for medical negligence. If parents plan to institute claims, parents must do so within 3 years of their baby’s still birth (or within 3 years from receiving knowledge from the negligent care rendered).
While this may sound like “plenty of time” (which is often something people finding themselves in legal situations appreciate), 3 years can go by fast.
Conclusion
Whether people want to consider the legal aspects of pregnancy loss or not, most families will take comfort in knowing that at least there is an opportunity to achieve justice for what happened to them and their babies.
In any event, after experiencing a stillbirth pregnancy or another kind of pregnancy loss due to neglect and negligence by an employer, there should always be understanding after such an experience that this should not just be passed over and neglected.
Questions should always be asked and where relevant compensation for what has happened should always be pursued by neglected families (in consultation with those who deal with this realm of the law).
More than just an opportunity to receive compensation for what has happened, families that file medical negligence claims contribute towards making improvements within hospitals so that other affected families don’t need to endure such devastating losses due to negligence.
