Questions to Ask at a First Meeting About a Stillbirth Claim

The initial consultation about a potential stillbirth claim provides an opportunity to ask questions, understand the solicitor’s approach and assess whether the firm is suitable for your circumstances. It should be a constructive discussion in which you can raise concerns before deciding how to proceed.

Many bereaved parents find the first meeting difficult. An experienced solicitor should appreciate that you may need time to consider information, refer to notes or request clarification. You should expect clear explanations delivered with sensitivity and without pressure to make an immediate decision.

Preparing for the initial consultation

You are not expected to prepare a legal case before the consultation. A brief account of events and a list of questions are sufficient to begin the discussion. Relevant dates, hospital correspondence and any available records may assist, but an absence of documentation should not prevent you from seeking initial advice. The solicitor can explain which further records may be required.

You may wish to attend with your partner, a family member or a trusted friend. Bereavement can make detailed conversations difficult to recall, and a companion may help you take notes. Prepare questions in advance and ask whether the solicitor can provide a written summary of the advice and agreed next steps.

A useful checklist for the appointment includes:

• a brief chronology of events, including key dates

• any duty of candour correspondence or complaint response from the NHS trust

• a written list of questions

• a request for a named contact and their preferred method of communication

• a notebook and, if helpful, someone to accompany you

There is no obligation to instruct a solicitor during the first meeting.

Who will handle the claim, and what experience do they have of stillbirth cases?

Establish who would be responsible for the day-to-day management of your case. The solicitor you meet may not be the person handling subsequent correspondence. Ask about supervision arrangements, cover during absence and whether you will have a named point of contact. Consistency can be particularly important when discussing distressing circumstances.

Ask about the firm’s experience in clinical negligence, particularly maternity care and stillbirth claims. These matters can involve complex obstetric evidence, including fetal monitoring and decisions about escalation. The solicitor should be able to explain their relevant experience and how the approach to a stillbirth claim may differ from other birth injury claims.

You may also ask how the team maintains its knowledge of maternity care and clinical negligence practice. Familiarity with cardiotocography (CTG) traces, obstetric records and the role of independent medical experts is important. The solicitor should be willing to explain how specialist evidence would be obtained and assessed.

What is the preliminary assessment of breach of duty and causation?

Ask the solicitor to explain the legal principles in clear terms. In England and Wales, a clinical negligence claim generally requires proof that the care fell below the reasonable standard expected and that the breach caused or contributed to the death. Both elements must be established. Ask how each would be investigated in your circumstances.

A responsible preliminary assessment should identify what is known and what remains uncertain. Although a solicitor may offer an initial view based on your account and available correspondence, a considered opinion will usually require the relevant maternity records and independent expert evidence. Ask what further information is needed and whether any issues may weaken the claim. Assurances of success before the evidence has been reviewed should be treated with caution.

Ask how applicable clinical guidance, including guidance from the National Institute for Health and Care Excellence (NICE), may inform the assessment. An independent expert can consider whether monitoring, clinical decisions and escalation were appropriate in the circumstances at the time. Clinical guidance can provide an important reference point, but it does not, by itself, determine whether negligence occurred.

How will medical records and expert evidence be obtained?

Ask which medical records are required and who will be responsible for obtaining them. Relevant documents may include the mother’s antenatal and labour records, drug charts and cardiotocography (CTG) traces, where available. Access to the mother’s own records may be arranged through the applicable subject access process. Different rules may apply to records relating to the baby, particularly where records concern a deceased patient. A subject access request does not provide access to a deceased person’s records. The solicitor should explain the appropriate route for each request and any documentation or authority required.

Ask when an independent medical expert would be instructed and what questions they would be asked to address. In stillbirth claims, an obstetric expert may need to review the records and consider the standard of care and causation. An expert giving evidence in court must understand their overriding duty to the court. Ask how experts are selected, when their opinion is expected and how report fees will be funded.

Where a potential claim also involves physical harm or a recognised psychiatric injury, a separate medical assessment may be necessary. Ask whether this is likely in your circumstances and what the assessment would involve.

What are the next steps, and what support is available?

If you wish to proceed, ask the solicitor to outline the likely stages of the claim. Clinical negligence claims in England and Wales generally follow a pre-action process involving the collection of records, expert assessment and correspondence with the relevant NHS trust. Some disputes are resolved without a trial, while court proceedings may be required to protect a limitation deadline or determine contested issues. Ask for a clear explanation of the anticipated stages and how you will be kept informed.

Agree how frequently you will receive updates and whether you prefer written correspondence or telephone calls. You may also wish to ask about independent bereavement support, including organisations such as Sands. Once you have received advice about the evidence and possible next steps, you can consider whether to pursue Stillbirth Compensation. You should not be pressured to instruct a firm at the first meeting.

The solicitor should also clarify what information you may need to provide, such as subsequent correspondence or records of any ongoing symptoms. You should not be expected to conduct your own medical investigation or approach hospital staff directly about the evidence. Your initial account provides a starting point for further enquiries.

How will existing investigations and reports be considered?

If an NHS trust has already provided a duty of candour letter, a complaint response or an internal investigation report, ask the solicitor to review each document. Such material may help identify issues requiring further examination, but should be assessed alongside the underlying medical records and independent evidence.

Ask whether an independent investigation has been undertaken. In England, certain maternity incidents may fall within the remit of Maternity and Newborn Safety Investigations, subject to the applicable criteria. National publications, including reports from MBRRACE-UK, can identify wider patterns in maternity care but do not determine liability in an individual claim. The solicitor should explain how any available findings may assist your case.

You may also ask whether a coroner’s investigation is relevant. In England and Wales, a confirmed stillbirth will not ordinarily be investigated by a coroner in the same way as the death of a baby who was born alive. The solicitor should explain the relevant investigative options and any jurisdictional differences. Findings about systemic shortcomings do not, on their own, establish negligence in an individual case.

How will the claim be funded, and what are the financial risks?

Ask the solicitor to set out the available funding options and explain any proposed ‘no win, no fee’ arrangement. A conditional fee agreement may be available, but its terms should be explained carefully. Request written information about success fees, potential deductions from damages, disbursements and any liability for costs if the claim is unsuccessful. The potential financial consequences should be understood before a funding agreement is signed.

Ask whether after-the-event insurance would be arranged and what protection it provides against adverse costs and disbursements. Policies can be subject to limits, exclusions and conditions. The solicitor should explain any circumstances in which cover may be reduced or withdrawn and the financial consequences if the claim does not succeed.

You should be given adequate time to review any funding documents and raise further questions before making a decision.

What limitation periods and compensation rules apply?

Seek written advice on the limitation period applicable to each potential claim. In England and Wales, a mother’s personal injury claim is generally subject to a three-year period from the date of injury or, if later, the relevant date of knowledge, although exceptions may apply. The date of knowledge is not necessarily the date on which negligence is confirmed. Other claimants and claims may be subject to different rules, and the position also differs in Scotland and Northern Ireland. Hospital complaints and investigations do not automatically suspend the limitation period. Ask the solicitor to confirm the relevant deadlines and any steps needed to protect the claim.

Ask what forms of compensation may be legally recoverable and who is entitled to claim them. The recoverability of funeral expenses, counselling costs, lost earnings or other losses will depend on the facts and the applicable legal principles. Grief alone does not necessarily give rise to a compensable claim. The law distinguishes stillbirth from neonatal death, and statutory bereavement damages in England and Wales are not generally available following a stillbirth where the baby was not born alive. The solicitor should explain how these distinctions affect your family’s circumstances.

Ask about the likely duration of the investigation and the possible outcomes. Obtaining records and expert reports can take several months, and pre-action correspondence or negotiations may extend the process. The solicitor should explain what would happen if liability is admitted or denied, whether settlement may be achievable and when proceedings might become necessary.

An initial consultation should provide clear information, an opportunity to raise concerns and sufficient time to consider your options. A solicitor experienced in stillbirth claims should be able to explain the legal process with care and professionalism, enabling you to make an informed decision about whether to proceed.