Monaco Compensation LawyersMonaco Compensation Lawyers
Call Menu Close
    Search Cross
    Close
    Viewing content for gps Australia
    Contact us
    Monaco Compensation Lawyers
    1300 769 665Contact us
    Search
    Search
      close
      Search
      Close
      Google
      StarStarStarStarStar
      4.8/5 based on 265 reviews on Google
      Viewing content for gps Australia

      Losing a child through stillbirth or neonatal death is a tragedy no parent should have to endure. Unfortunately, over 2,000 Australian families face this heartbreak every year.

      If you believe your child’s passing was caused by a doctor, nurse, midwife, or other medical professional’s negligence, you may be entitled to substantial compensation.

      While no amount of money can undo the trauma of losing a child, making a claim can help ease the financial strain of medical expenses and lost income. It may also offer some closure by acknowledging the emotional pain you’ve endured.

      Reach out to us today for free advice on your claim. Our team has over 25 years of experience supporting families through this difficult process, and will handle every step of your claim with compassion and care.

      Start your free online claim check

      Find out if you’re eligible for compensation today.

      Check your claim nowIt only takes 2 minutes.

      What is a stillbirth or neonatal death?

      In Australia, stillbirth usually refers to the loss of a baby after 20 weeks of pregnancy. This loss can happen either during pregnancy or, in rarer cases, during birth.

      In contrast, neonatal death occurs when a live-born baby, delivered at 20 weeks or more, passes away within the first 28 days.

      What situations qualify for a stillbirth or neonatal claim?

      Not all stillbirths and neonatal deaths are due to medical negligence; sometimes, these losses are tragic accidents where no one is at fault.

      In our experience, these are some of the most common cases of medical negligence that may qualify for a claim:

      • Failure to monitor: failing to properly track the baby's heartbeat or the mother’s vital signs before, during, or after birth.
      • Delayed or incorrect diagnosis: in the mother, this involves missing or misinterpreting signs of infection, preeclampsia, or other health issues that put the baby at risk. Once the baby is born, this includes delayed diagnosis of infections, breathing problems and other treatable issues.
      • Inadequate response to complications: not acting quickly enough when issues arise, like placental abruption, umbilical cord problems, or foetal distress.
      • Improper delivery techniques: using forceps or other instruments incorrectly, or delaying a necessary caesarean section.
      • NICU errors: inappropriate care in the neonatal intensive care unit (NICU), like insufficient oxygen or improper use of medical equipment.
      • Medication mistakes: including incorrect dosages or administering harmful medications to the baby.

      This is by no means a complete list — just some of the situations we’ve encountered most often. If your child was stillborn or passed shortly after birth, and you believe medical negligence was involved, reach out to us today. Our lawyers are here to listen to your story and provide free advice on your options.

      Importantly, if your baby survived but you or they were injured during delivery, you may have a birth injury claim. If your baby developed an abnormality during pregnancy or due to poor neonatal care, consider making a birth defect claim instead.

      It’s not too late to make a claim

      In many states, you can still make a stillbirth or neonatal claim even if your child passed away years ago. The time limit often starts when you first realise your child's stillbirth or neonatal death was due to medical negligence.

      How to prove a stillbirth or neonatal claim

      To make a successful stillbirth or neonatal claim, you’ll usually need to prove three criteria:

      All doctors, nurses, midwives, and other medical professionals have an automatic ‘duty of care’ to their patients. They can breach this duty of care in two ways: by doing something wrong, like using forceps incorrectly during delivery, or by not doing something they should, such as failing to monitor a baby’s heartbeat during pregnancy.

      To determine if there’s been a breach of duty, the ‘reasonable standard of care’ test is applied. This test looks at whether another medical professional in a similar situation would have done the same thing. It considers factors like:

      • Whether your medical professional complied with professional standards and guidelines.
      • Expert testimony from professionals in similar fields.
      • Details about the treatment you and your baby received, as well as the context surrounding it.

      You need to prove that the medical professional’s breach of duty caused your baby’s death. This means showing two key things:

      • Your baby passed away as a direct result of what the medical professional did or didn’t do.
      • The stillbirth or neonatal death was a ‘foreseeable consequence’ of the medical professional’s actions or inactions.

      Finally, you’ll need to show that you have suffered injury and loss because of the stillbirth or neonatal death. This can include emotional distress, medical expenses, funeral costs and lost income.

      How much compensation can I claim?

      The compensation you can receive for stillbirth or neonatal death claims varies significantly based on the specifics of your case. Key factors include the emotional impact on your life, if you’ve needed time off work, and whether you’ve developed a recognised psychological condition.

      Depending on the severity of your situation, your compensation may cover:

      • Emotional distress: compensation for the emotional trauma of losing your child, which may include conditions like severe depression, anxiety, or PTSD. The compensation reflects the emotional burden of your loss rather than the physical injury to your child.
      • Impact on family dynamics: if losing your child has strained family relationships or affected surviving children, your emotional distress compensation can cover this too.
      • Medical bills: any hospital or medical bills related to your child’s care before their passing.
      • Lost income: if you’re unable to work, your compensation may cover both current and future earnings, including superannuation.
      • Counselling and therapy costs: if you require professional support following your loss.
      • Funeral expenses: you can claim the costs associated with the funeral and burial of your child.
      • Care and support: whether provided by family, friends, or professionals. This also includes situations where you are unable to care for your spouse, partner or other children.

      Your claim is risk-free with our No Win No Fee

      We offer a genuine No Win No Fee guarantee for all stillbirth and neonatal claims. This means we take care of all upfront costs — like legal fees, medical tests, and expert reports — so you don’t have to pay anything until we win your claim. If we don’t succeed, you won’t get a bill from us. It’s that simple.

      Learn more about our No Win No Fee guarantee

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Joanne Baker
      Senior Associate
      • English
      • Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      Frequently asked questions

      • Get support: the loss of a child is a traumatic, unthinkable tragedy, and it’s important to lean on others to cope with your grief. A registered psychologist or psychiatrist can provide one-on-one counselling to help you cope with the loss. Additionally, Bears of Hope offers free grief counselling for families impacted by the loss of a baby or infant.
      • Get an explanation: if you feel up to it, contact your hospital or medical professionals to find out how the stillbirth or neonatal death happened. Understanding the circumstances is key to determining whether negligence occurred. We know this is a devastating time for you, so our lawyers are also here to communicate with the hospital on your behalf. You can let us handle everything and decide how involved you want to be.
      • Talk to a lawyer: if you haven’t done so yet, consider consulting with a specialist stillbirth and neonatal death lawyer. With our extensive network of medical experts, we can assess whether there was negligence on the part of your hospital or medical professional. We can also provide a free estimate of your potential compensation and how likely your case is to succeed.

      Time limits apply to all stillbirth and neonatal death claims. The exact limit depends on which state you’re in and the specifics of your case:

      StateTime limit
      NSW, VIC, SA3 years after discovering that your child’s death was due to medical negligence.
      QLD, WA, ACT3 years from the date of the medical negligence.

      What if I’m already outside the time limit?

      If you’ve missed the deadline to file your claim, you can still ask the court for an exception. They’ll consider a few key factors, including:

      • Whether you had access to legal advice.
      • Any steps you took to seek medical or legal guidance.
      • How long the delay was.
      • The seriousness of the negligence and your mental health condition.
      • Any attempts by the medical professional to discourage you from making a claim.

      Before proceeding with a delayed claim, it’s important to talk to a specialist medical malpractice lawyer. We can help you identify possible exceptions and navigate the process smoothly. Over the years, we’ve successfully managed many delayed claims.

      For more details on time limits and exceptions in stillbirth and neonatal claims, check out our comprehensive guide.

      Yes, relatives of the deceased child may also be entitled to make a claim. While stillbirth and neonatal claims are usually brought by parents, legal guardians, siblings, half-siblings, and step-siblings can also have a claim.

      It’s important to note that relatives don’t have to witness the birth injury directly; being present during the events surrounding it or dealing with the aftermath can also qualify them for a claim.

      Coroner’s reports can be crucial evidence in stillbirth and neonatal claims.

      Unfortunately, however, a coroner can’t investigate stillbirths because stillborn babies do not take an ‘independent breath’. This means their passing is not considered a ‘death’ to be investigated by the coroner. To determine any potential negligence, you might need to fund a private investigation. If you choose to work with us, we’ll cover those investigation costs for you.

      In cases of neonatal deaths, these situations are usually referred to the coroner only when there are clear signs of negligence. If your baby’s death goes to a coronial inquest, having a lawyer by your side is essential. We can represent you throughout the entire process, allowing you to choose how involved you want to be. This allows you to focus on your family and your own healing while we take care of the inquest and gather all the important evidence for your claim.

      However, if your baby’s death resulted from recognised birth complications, where standard clinical practices were followed, it typically won’t qualify for an investigation. This means common causes of neonatal death — like prematurity, foetal anomalies, cord prolapse, or placenta previa — usually fall outside the coroner’s jurisdiction. Like with stillbirths, you can pay for an independent investigation to assess negligence, and we strongly recommend partnering with a No Win No Fee lawyer like Monaco to help cover these potentially significant costs.

      What to expect from your claim

      During a free consultation, you’ll chat with one of our experienced medical negligence lawyers. We’ll listen to the details of your situation, evaluate whether you have a valid claim, and give you an estimate of your potential compensation. There’s absolutely no obligation to move forward, but if you decide to proceed, you’ll be protected by our No Win No Fee Guarantee. This means you can focus on your family without worrying about the cost of filing a claim.

      To fully understand your situation, your lawyer will thoroughly review your medical history and clinical notes. We’ll also examine your hospital or medical professional’s records on the stillbirth or neonatal death. If necessary, we may have you talk to one of our psychiatrists to confirm your condition and its impact on your life.

      Additionally, if your case isn’t eligible for a coroner’s inquest, we might arrange for our medical experts to conduct an independent investigation, with your permission. This helps us better understand whether your medical professional’s actions were negligent. We cover all these upfront costs, so you won’t owe anything unless we win your case.

      We work hand-in-hand with medical professionals to gather crucial evidence for your claim, including expert reports and testimonies. This evidence is especially important in stillbirth and neonatal cases, where the claim primarily hinges on the psychological impact of losing a child. Without strong evidence, it can be difficult to fully convey the depth of your loss and secure the compensation you deserve.

      Armed with expert evidence, we’ll begin court proceedings by filing all the necessary documents and exchanging evidence with the other party. Your claim will then move to mediation, where we’ll handle all negotiations with the insurer. We know this process can be extremely difficult, so it’s your choice how involved you want to be every step of the way. No matter your level of involvement, you can trust that your lawyer will work tirelessly to secure the compensation you deserve.

      Most stillbirth and neonatal death claims are typically settled through mediation, so you can expect to receive your compensation at this stage. However, if the insurer doesn’t offer you fair compensation, we’re fully prepared to take your case to court and fight for the full amount you deserve.

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
      Google
      4.8/5
      StarStarStarStarStar
      Based on 265 reviews on Google
      Open

      What's on this page

      Close

      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

      Google
      4.8 out of 5
      StarStarStarStarStar
      Based on 265 reviews on Google
      Viewing content for GPS Australia
      Read more reviews
      StarStarStarStarStar

      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

      Google Posted by Jamie Quinn
      Read more
      StarStarStarStarStar

      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

      Google Posted by Melissa Hickson
      Read more
      StarStarStarStarStar

      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
      StarStarStarStarStar

      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
      StarStarStarStarStar

      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

      Google Posted by Danial Anderson
      Read more
      StarStarStarStarStar

      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

      Google Posted by Sarah Pagel
      Read more
      StarStarStarStarStar

      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

      Google Posted by Scott Holden
      Read more
      StarStarStarStarStar

      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

      Google Posted by Ellen Smith
      Read more
      StarStarStarStarStar

      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

      Google Posted by Debby McDonald
      Read more
      StarStarStarStarStar

      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      How we can help you

      For more than 25 years, we’ve been dedicated to helping parents get compensation and closure after the loss of a child. As part of our complete service, we’ll always:

      • Make sure you get the care and treatment you need.
      • Provide guidance on the claims process and keep you updated at every step.
      • Collect strong evidence to prove your medical professional’s negligence.
      • Handle negotiations with the insurer to secure the best possible outcome.
      • Appeal your claim if it’s denied or if you receive an unfair settlement offer.
      • Uncover your additional benefits, like a nervous shock claim or TPD benefit.
      • Secure compensation for the financial and emotional impact of your loss.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $10 million

      Stillbirth and Neonatal Death Claims
      Medical Negligence

      Hospital pays substantial settlement to father left unable to walk or talk

      Sam was a working father in sound health prior to undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He requires...

      Read more

      $2.5 million

      Stillbirth and Neonatal Death Claims
      Medical Negligence

      Midwife and hospital staff responsible for child’s chronic illness

      Nadia was diagnosed with Cerebral Palsy at 18 months old. Her mother felt the hospital had been negligent during the birth. We helped prove their negligence and...

      Read more

      $2.5 million

      Stillbirth and Neonatal Death Claims
      Medical Negligence

      Amy wins significant payout for hospital negligence during surgery — despite being warned of the risks

      After a laparoscopic procedure to remove her ovaries and fallopian tubes, Amy* suffered a perforated bowel, leaving her unable to walk or work. We proved that the...

      Read more

      $1.5 million

      Stillbirth and Neonatal Death Claims
      Medical Negligence

      Esther wins $1.5mil settlement after hospital fails to find cancer

      When Esther* went to a public hospital with groin pain, she underwent ultrasounds and x-rays, but the hospital failed to identify a suspicious mass. This negligence led...

      Read more

      $750,000

      Stillbirth and Neonatal Death Claims
      Medical Negligence

      Young mother gets payout for improper GP treatment

      Sarah's doctor injured her nerve while attempting to remove a contraceptive implant. She was unable to work or care for her children. We helped Sarah win a...

      Read more

      $230,000

      Stillbirth and Neonatal Death Claims
      Medical Negligence

      Client secures out-of-Court settlement for botched surgery

      A botched operation left our client bedridden and in constant pain. She also developed a psychological condition as a result. We proved that the surgeon was liable...

      Read more

      $850,000

      Stillbirth and Neonatal Death Claims
      Medical Negligence

      Both dentist and hospital held responsible for poor surgery aftercare

      Liam was left with a painful infection after an improper tooth extraction. He sought treatment at a hospital, but staff there failed to diagnose his condition. Eventually,...

      Read more

      $550,000

      Stillbirth and Neonatal Death Claims
      Medical Negligence

      Hospital compensates mother after failing to recognise signs of foetal distress

      Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....

      Read more

      $550,000

      Stillbirth and Neonatal Death Claims
      Medical Negligence

      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

      Read more

      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

      Hannah's Story

      2:37m watch

      “Monaco got us an upfront payment to ease the financial strain.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your claim check online Call 1300 769 665 Email us