Pregnancy and infant loss in Australia: support, remembrance and your rights

October is International Pregnancy and Infant Loss Awareness Month.

This month provides an opportunity to raise awareness, foster connection, and create space for families to remember babies who have died during pregnancy, birth or infancy. It is also a time to acknowledge grief, share stories, and help ensure families feel supported rather than isolated.

On 15 October, the Wave of Light takes place around the world. Families are encouraged to light a candle at 7pm local time and leave it burning for at least one hour. Together, these candles create a continuous wave of light across the globe, honouring and remembering babies who have died during pregnancy, birth or infancy.

Understanding pregnancy and infant loss

Pregnancy and infant loss can include:

• miscarriage
• stillbirth
• neonatal death (from birth to 28 days after birth)
• infant death (from birth to one year of age)
• sudden infant death syndrome (SIDS)
• loss related to medical complications

While improvements in research and medical care continue to support better outcomes for mothers and babies, many Australian families experience the devastating impact of pregnancy and infant loss.

Research released by the Australian Institute of Health and Welfare (AIHW) found that almost one in three women who gave birth in 2022 had previously experienced at least one miscarriage, while one in 10 had experienced two or more miscarriages.

Stillbirth and neonatal death also continue to affect families across Australia. It’s estimated that every day, around six babies are stillborn and a further two babies die within 28 days of birth.

For many families, these losses occur despite appropriate medical care. However, in some circumstances, pregnancy or infant loss may be linked to failures in medical treatment or care during pregnancy, labour, birth or the postnatal period.

Supporting families after pregnancy or infant loss

There is no right way to grieve pregnancy or infant loss. Every person's experience is different, and feelings of shock, sadness, anger or loneliness can persist long after the loss itself.

For some families, awareness initiatives such as the Wave of Light provide a meaningful opportunity to remember their baby and connect with others who have had similar experiences.

Seeking support from loved ones, healthcare professionals or specialist support organisations can also help families navigate the challenges of grief.

When pregnancy or infant loss may involve medical negligence

If medical errors or unsafe care contributed to a pregnancy loss, stillbirth, neonatal death or injury to a mother or baby, there may be grounds to investigate whether pregnancy and childbirth negligence occurred.

Understanding what happened can be an important part of the healing process. In some cases, families seek legal advice not only to explore their rights, but also to obtain answers about the care they received.

Our medical negligence team has supported families in matters involving:

• failures to act on warning signs during pregnancy
• delays in diagnosing or managing pregnancy complications
• failures to recognise signs of fetal distress
• concerns raised by patients or family members that were not appropriately addressed
• delays in delivery resulting in stillbirth or neonatal death

Whether care was reasonable will always depend on the specific circumstances of each case.

Concerned about the care you received?

If you have concerns about the care you or your baby received, you do not need to know whether medical negligence occurred before seeking legal advice.

Our medical negligence lawyers can listen to your experience, review the circumstances of your care and help you understand your legal options. Where appropriate, this may include obtaining medical records and seeking independent expert advice about the care that was provided.

If negligence has resulted in additional harm, loss or injury, you may be entitled to compensation. Most importantly, seeking legal advice can help you understand what happened and what options may be available to you and your family.

If you'd like to discuss your situation, contact our medical negligence team for a confidential, obligation-free discussion.