A stillbirth or neonatal death does not in itself mean care was negligent. Families may seek independent review of the records to understand what happened. Whether a legal claim exists, who may bring it and what losses are recognised depend on the facts and jurisdiction.
Independent investigation
Hospitals often conduct their own reviews after a stillbirth or neonatal death, and some deaths are reported to a coroner. These processes can provide important information but are not designed to decide civil liability. Families who want an independent view may ask a solicitor to arrange expert review of the care. Many families seek answers without ever pursuing a claim, and both choices are valid.
Evidence
Relevant evidence may include antenatal records, monitoring traces, labour notes, neonatal care records, autopsy or post-mortem findings, placental pathology and any hospital review report. The OAIC explains rights to request health information. Some reports may take months to finalise, and families are entitled to ask when they will be available.
- Antenatal notes, including scans and any concerns raised.
- Records of contacts with the hospital before admission.
- Post-mortem and placental pathology reports.
- Any coronial or internal review findings.
Eligible claimants
Who may claim after a death is set by state and territory law. A birthing parent may have a claim for their own physical or psychiatric injury. A partner may have a claim in some circumstances, usually requiring a diagnosed psychiatric condition. Claims based on financial dependency, which arise in other fatal cases, are less likely to fit a baby's death. Not every family member will have a claim.
Jurisdiction-specific losses
The types of loss recognised after a death differ between jurisdictions. These may include medical and funeral expenses, the parent's own injury-related losses and, in some places, specific provisions for grief or psychiatric harm. There is no standard payout, and outcomes depend heavily on the facts and evidence.
Bereavement support
Grief after losing a baby can be overwhelming, and support should come first. Hospital social workers, bereavement midwives and specialist stillbirth and infant loss organisations can help. A GP can discuss counselling referrals. Legal questions can wait while you focus on care for yourself and your family, though early advice helps protect options.
For your next conversation
- Has a post-mortem or placental examination been done, and when will reports be ready?
- Has the hospital started a review, and have you asked to receive its findings?
- Has the death been reported to the coroner, and what is the status?
- Do you have records of any calls or visits to the hospital before the birth?
- Has either parent seen a GP or counsellor since the loss?
Common questions
We called the hospital about reduced movements before our baby died. Should we keep our phone records?
Yes, keeping call logs, messages and notes of what was said can help. Experts may compare them with the hospital's records of contact. They do not prove negligence by themselves, but they can be important for understanding the sequence of events and the response given.
Should we wait for the coroner before seeing a solicitor?
Coronial processes can take a long time, and time limits for civil claims may continue running. You can seek initial advice without waiting. A solicitor can explain how coronial findings might be used and help you participate in the process if you wish.
Sources & further reading
These references support the topic’s starting points. They do not determine the facts, standard of care or law applicable to an individual matter.