Based on reporting by Daily Record, 28 September 2026. All rights in the original report remain with the publisher.
What was reported
According to the Daily Record, Scottish Ambulance Service chiefs have conducted more than 240 serious adverse event reviews over the past five years, examining cases where patients were reportedly placed at risk. The number of such reviews rose by more than 50 per cent last year, and the 2026 total has already exceeded the full-year figure for 2025.
The Daily Record reports that these figures came to light following its coverage of two separate cases in which individuals died after waiting several hours for an ambulance to arrive. In one reported case, a man in his mid-50s from East Kilbride died alone at home in December, having contacted the emergency services twice and reportedly been told on both occasions that no ambulance was being dispatched. Help is understood to have arrived approximately three and a half hours after his first call.
A Scottish Labour health spokesperson described the figures as "deeply worrying", as reported by the Daily Record. Family members of those who died are said to have called for a meeting with ambulance chiefs to seek evidence of meaningful change, with one relative quoted as saying: "People are dying. The system needs to change."
Fatal delay claims involving NHS services in Scotland
When a person dies following an interaction with an emergency medical service, their close relatives may wish to explore whether a compensation claim is appropriate. In incidents of this kind, liability often rests on whether the standard of care provided fell below what a reasonable healthcare body would be expected to deliver, and whether that failure caused or materially contributed to the death.
In Scotland, claims against NHS bodies are governed by Scots law and are assessed on the basis of clinical and operational evidence. An independent review of the clinical records, dispatch logs and any internal investigation findings will typically form the foundation of any legal assessment. It is important to understand that pursuing a claim does not interfere with any separate public inquiry or internal review that the relevant health body may be conducting.
Families are not required to have formed a view on fault before speaking to a solicitor. The purpose of an initial legal assessment is simply to establish whether there is a reasonable basis on which to proceed.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, relatives generally have three years from the date of a loved one's death to raise a court action for compensation. This is sometimes referred to as the three-year limitation period.
There are limited circumstances in which a court may exercise discretion to allow a claim to proceed beyond that period, but these exceptions are narrow and cannot be relied upon. Families are therefore advised to seek legal advice well within the three-year window, even if they are not yet certain they wish to proceed. Taking early advice does not commit anyone to a course of action.
What compensation can cover
Under the Damages (Scotland) Act 2011, close relatives of a person who has died may be entitled to make a claim covering several distinct heads of loss.
- Loss of society and grief: This reflects the distress, grief and loss of the relationship that close family members experience as a result of the death. It is sometimes referred to as the relative's right to solatium.
- Loss of financial support: Where the deceased contributed financially to the household or supported dependants, a claim may be made for the income or support that has been lost.
- Funeral costs: Reasonable expenses associated with the funeral may be recoverable.
- Services formerly provided by the deceased: If the person who died carried out practical tasks within the home or for family members, the cost of replacing those services may form part of a claim.
Any compensation awarded is paid in full to the claimant. When a claim is funded on a no win, no fee basis, legal fees are not deducted from the compensation received.
Frequently asked questions
Who can make a claim following a fatal ambulance delay in Scotland?
Under the Damages (Scotland) Act 2011, a defined group of close relatives are entitled to claim. This includes a spouse or civil partner, a cohabiting partner, children, parents, and siblings. Each eligible relative may have their own separate entitlement, though this will depend on the specific circumstances of the case.
Does a public or internal inquiry affect a family's right to claim?
No. An internal serious adverse event review or any public inquiry runs entirely separately from a civil compensation claim. Families can pursue a legal claim at the same time as any such process is ongoing. The findings of an internal review may, however, be relevant evidence if a case proceeds to litigation.
How long does a fatal medical negligence claim typically take in Scotland?
Claims of this nature are rarely straightforward and can take anywhere from one to several years to resolve, depending on the complexity of the clinical evidence and whether the case is contested. Many cases are settled without the need for a full court hearing, but families should be prepared for a process that requires patience.
What evidence is needed to support a claim?
Key evidence typically includes medical and ambulance dispatch records, any recordings or transcripts of emergency calls, post-mortem findings, and the results of any internal review. Independent medical or operational expert opinion will usually be obtained to assess whether the standard of care fell below an acceptable level.
Is there any obligation to make a claim?
There is no obligation whatsoever. Families may simply wish to understand their legal position before deciding whether to proceed. Seeking advice within the three-year limitation period preserves options without committing anyone to any particular course of action.
Based on reporting by Daily Record, 28 September 2026. All rights in the original report remain with the publisher.