A Northam couple have filed a negligence lawsuit against WA Country Health Service after the stillborn death of their child.
The couple, who wish to remain anonymous, presented at the Northam Hospital in 2015 with the mother 28 weeks pregnant.
They allege that despite being told the baby had a weak heartbeat, they were sent home with no further medical treatment.
Two days later the pair said they drove to King Edward Memorial Hospital in Perth, where the baby was stillborn.
The Northam couple has employed Shine Lawyers to represent them. Medical law expert Clare Eves said the family had to deal with "unimaginable pain".
"This is a tragic case of medical negligence where an unborn baby has been lost unnecessarily," she said.
"Our clients have had to deal with unimaginable pain and suffering after losing their unborn baby boy who they know could have been saved if the correct procedures were followed.
"As a trainee nurse our client, who was 28 weeks pregnant at the time, knew that her baby was moving a lot less than normal. She did the right thing and presented to Northam Hospital.
"A cardiotocography (CTG) was performed, which clearly showed that the baby was in serious trouble.
"Only a very weak heart rate could be recorded, yet our client was sent home and told her that her baby was just having a bad day. No alarm was raised, no questions asked and no second opinion pursued.
"Our client should have been urgently transferred to Perth's King Edward Memorial Hospital where her baby would have been delivered by caesarean section.
"At 28 weeks gestation her son would have survived with minimal risk of long-term issues. Instead our client was sent home only to represent at Northam Hospital two days later where she was told her baby had died.
"This has been absolutely devastating for our clients who know that their baby boy could still be alive today."
A WA Country Health Service spokesperson said no further information could be released.
"As this matter is subject to a judicial process, the WA Country Health Service is unable to make comment at this time," they said.