Neonatal death claims

If your family have suffered a neonatal death we are here to support you and guide you through this difficult time. For many families, understanding what happened, and why, can be a vital part of coming to terms with a loss that may otherwise feel inexplicable.

GET IN TOUCH 0330 175 8740

Trustpilot
TOP-RANKED LEGAL EXPERTS CHAMBERS & LEGAL 500
NO WIN, NO FEE

Author

Trevor Ward

Partner Solicitor, Head of Birth Injury Unit

Reviewer

Sahida Patel

Partner, Birth Injury Team Lead

Last Updated

16th July 2026

Can I make a neonatal death claim?

Neonatal deaths are devastating, no matter the circumstances, but knowing that an instance of negligence was the cause can make the situation even more difficult to cope with. We know that no amount of compensation will ever make up for the loss of your child. But a claim can help your family find answers, access support, and achieve a measure of accountability.

A neonatal death claim can typically be made when a baby dies within 28 days of birth, and there is reason to believe that medical negligence contributed to that death. Pursuing a case can help families access wider support, recover lost income, and cover additional costs associated with the loss of your child. We know that losing a loved child in this way is devastating, and nothing can undo that loss – but we are here to guide you throughout, and find a way forward again.

Medical negligence in neonatal death cases can take many forms. It may involve medical staff failing to identify that a baby’s life was at risk, providing incorrect medication, carrying out the wrong procedure, or misdiagnosing a condition. Poor monitoring, lack of pregnancy management, and failure to provide prompt treatment can also be contributing factors.

Not every neonatal death is caused by negligence – some are the result of unavoidable natural causes. Our team will help you establish clearly whether negligence played a role before pursuing a claim. We promise to support you with the process of making a neonatal death claim, allowing you to secure a positive outcome for you and your family.

Example of a neonatal death claim

Imagine a newborn showing signs of distress that medical staff fail to monitor adequately in the hours after birth. A deteriorating condition goes undetected and untreated, and the baby dies within the first week of life. If it can be shown that proper monitoring and timely intervention could have prevented the death, this could form the basis of a valid neonatal death negligence claim.

Related neonatal death claims we support

Expertise you can trust

9/10 clients would recommend us
AVMA Panel Members
Interim payments to ensure early access to support

What compensation can help with

Mid adult woman stands at window with hot drink

Accessing support, finding answers, and easing the financial impact on your family.

A neonatal death occurs when a baby is born alive, but sadly dies within 28 days of delivery. Regardless of the cause of the death, if it occurs within this timeframe, it will be considered a neonatal death.

Neonatal death compensation is not about placing a value on your child’s life. It is about making sure your family has the financial support to access the care, counselling and practical help you need to cope with what has happened – and to move forward in whatever way feels right for you.

A successful neonatal death claim may help fund:

Mental health support and counselling for parents and family members
Lost income caused by time taken off work following the death
Funeral and related expenses
Medical costs connected to the circumstances of the death
Travel and other practical costs associated with the claim or ongoing care
Any other financial losses your family has suffered as a result of the negligence

Understanding the potential value

There is no fixed figure for neonatal death compensation – the amount will depend on your individual circumstances, including the financial losses your family has experienced and the cost of any support you need. Our solicitors will assess the full impact of what has happened, covering both financial losses such as lost income and the costs of ongoing mental health and emotional support, to make sure your claim reflects everything your family has been through.

Understanding interim payments

We understand that the costs associated with the loss of a loved baby can be significant. Often, families need early access to vital funds, to help cover immediate costs and access support for the whole family to be able to move forwards in some way. Where possible, we will apply for interim payments on your behalf, to help you access funding at the time you need it.

Specialist neonatal death solicitors

Our birth injury team have decades of experience in complex neonatal death cases.

Why choose Fletchers for your neonatal death claim?

When pursuing a neonatal death case, the experience and compassion of the team around you matters enormously. At Fletchers, our birth injury solicitors combine deep legal expertise with a genuine understanding of what families go through - giving you the best possible support at every stage of your claim.

Expertise you can rely on

Specialist birth injury and neonatal death solicitors, with decades of combined experience

Ranked in leading legal guides Legal 500 and Chambers & Partners for clinical negligence

Accredited by the Law Society for clinical negligence

Holders of the AVMA gold standard clinical negligence accreditation

A track record of securing millions of pounds in compensation for families

Strong skills in alternative dispute resolution, meaning most claims are settled out of court

Free initial consultation to discuss your case with no obligation

No win, no fee, so you can pursue your claim without financial risk

“Our mission is to ensure that every avoidable harm in birth leads not only to recognition, but to justice - and to change.”

Trevor Ward

Partner

You're not alone

We understand what you and your family are facing.

The death of a newborn baby affects every part of family life. The grief is immediate and all-consuming, and for many parents it is compounded by unanswered questions – wondering whether things could have been different, whether someone made a mistake, and whether there is anything that can now be done. That uncertainty, on top of everything else, can feel impossible to bear.

We also understand that the practical pressures can add to that burden. Time off work, the cost of counselling and mental health support, and the strain of navigating a complex legal process – all of this can feel overwhelming at a time when you have no capacity left.

We have supported many families who felt exactly as you do now. Families who were not sure whether they had a case, but who needed someone to listen and to take on the hard work on their behalf. What they had in common was a need for clarity, care, and someone firmly on their side.

That is what we are here to do. We will handle every part of the process, explain things clearly at every stage, and make sure your family’s voice is heard – whether the outcome you are seeking is answers, accountability, or the financial support to help you rebuild.

People we’ve supported

1/6

VIEW ALL STORIES

FAQs about neonatal death claims

What is classed as a neonatal death?

A neonatal death occurs when a baby is born alive but dies within 28 days of delivery. Regardless of the cause, any death that occurs within this timeframe is classified as a neonatal death. It is different from a stillbirth, which is when a baby is born after the 24th week of pregnancy and shows no signs of life.

What is the neonatal death rate in the UK?

According to the Office for National Statistics, the neonatal death rate in the UK for 2023 was 3.0 deaths per 1,000 live births. The mortality rate was generally lower for babies born at later gestations.

Who can bring a claim for neonatal death compensation?

A claim is usually brought by the baby’s parents. In some cases, other close relatives or legal guardians may also have the right to make a claim – for example, those who were financially dependent on the baby’s parents or who have suffered a recognised loss. Our solicitors can advise you on who is eligible to claim in your specific circumstances.

What do I need to prove to make a neonatal death claim?

To make a successful claim, you need to show that a healthcare provider breached their duty of care and that this breach caused or materially contributed to your baby’s death. Healthcare providers have a duty to use their skills and training to protect their patients’ health and wellbeing. If errors were made that resulted in a breach of that duty, and harm followed as a result, this will be considered negligence.

Proving negligence will usually involve evidence such as:

Medical records
Witness statements
Independent opinions from medical experts
Records of expenses to demonstrate financial losses

We will guide you through what evidence is needed and help gather it on your behalf.

How long does a neonatal death claim take?

There is no fixed timeframe. The process will generally be quicker if the healthcare provider is willing to agree a settlement – many claims are resolved without going to court. If court proceedings are required, the process can take considerably longer. Neonatal death compensation claims can take anywhere from several months to a number of years to resolve. We will always be realistic with you about the likely timeframe for your specific case.

How long do I have to make a neonatal death claim?

In most cases, you have three years to pursue a neonatal death claim. This time limit runs from the ‘date of knowledge’ – the date you first became aware that medical negligence may have been a factor in your child’s death. The way this limit is applied is not always straightforward, so we recommend speaking to our specialist solicitors as soon as you feel ready to do so.

How is a neonatal death claim funded?

We offer a no win, no fee funding arrangement, also known as a Conditional Fee Agreement. This means our fees are only payable if your claim is successful. You will not be required to pay anything upfront, and if your claim is unsuccessful for any reason, you will not owe us anything. This means you can pursue your claim without any financial risk.

Can a neonatal death claim be settled out of court?

Yes – and in most cases, it is. Settling out of court is often preferable, as it allows you to access compensation sooner, with lower legal fees and less stress. Our solicitors are skilled in alternative dispute resolution and will always work to reach a fair settlement without the need for court proceedings. If an agreement cannot be reached, we will provide close support and robust representation at every stage of the court process.