Based on reporting by Daily Record, 23 October 2026. All rights in the original report remain with the publisher.
What was reported
According to the Daily Record, a baby girl aged four months died in January 2024 after developing sepsis. The child's mother, a woman in her mid-thirties from Stirling, told the newspaper that her daughter had been taken to Forth Valley Royal Hospital in Larbert in December 2023 when she became listless. The family was reportedly sent home after the visit, unaware that blood tests had already shown markers consistent with sepsis at that point.
As reported by the Daily Record, the baby's condition deteriorated sharply the following day, prompting her parents to return to accident and emergency. She was subsequently transferred to a specialist children's hospital in Glasgow, where she was diagnosed with sepsis and a collapsed lung. The report states that surgeons later amputated one of her legs in an effort to contain the infection. She died in late January 2024 following multiple organ failure. The child had also been born with a rare condition known as Neonatal Marfan syndrome.
The Daily Record reports that an NHS review into the death identified a number of learnings. The child's mother is now calling on the Scottish Government to introduce new legislation, referred to as Lia's Law, aimed at improving paediatric care when children present with abnormal blood test results.
Medical negligence claims in Scotland
In Scotland, a claim for medical negligence arises when a healthcare provider is alleged to have fallen below the standard of care that a reasonably competent medical professional in the same field would have provided, and that failure is alleged to have caused harm. This is assessed against what is known as the Hunter v Hanley standard, established in Scots law, which asks whether a responsible body of medical opinion would have acted in the same way.
In cases involving sepsis, the central question in any claim is typically whether warning signs or test results indicating infection were acted upon appropriately and promptly. In incidents of this kind, liability often rests with the NHS board responsible for the hospital where treatment was provided, rather than with any individual clinician. NHS boards in Scotland are vicarious employers of the staff working within them, and claims are generally pursued against the board itself.
Where a death has occurred, the claim is brought under the Damages (Scotland) Act 2011, which sets out the rights of close relatives to seek compensation following a wrongful death. Parents, partners and siblings may each have an entitlement depending on their relationship to the person who died. It is not necessary for a family to have reached any conclusions about fault before speaking with a solicitor; an initial discussion is simply a way of understanding whether there may be a basis for a claim.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a claim for personal injury or death arising from negligence must ordinarily be brought within three years. In a fatal case, that three-year period generally runs from the date of death, or from the date on which the deceased's relatives became aware, or ought reasonably to have become aware, that the death may have resulted from negligent treatment.
Where the person who died was a child, the position can be more nuanced, and legal advice should be sought to confirm exactly how the limitation period applies in any individual case. Courts in Scotland do retain a discretion to allow claims to proceed outside the three-year window in certain circumstances, but this cannot be relied upon, and it is always advisable to seek advice well within the standard period.
There is no obligation on a bereaved family to act immediately. The priority in the period following a death is, rightly, the wellbeing of the family. The three-year limit does, however, mean that it is sensible to seek advice at some point rather than deferring the matter indefinitely.
What compensation can cover
Under the Damages (Scotland) Act 2011, compensation in a fatal case can include a number of distinct heads of loss. These include the following.
- Loss of support: where the deceased provided financial support to family members, those dependants may be entitled to compensation reflecting that loss.
- Funeral costs: reasonable funeral expenses incurred by the family are recoverable as a head of loss.
- Grief and loss of society: close relatives, including parents, are entitled to claim for the distress, grief and loss of companionship that follows the death of a family member. In Scots law this is referred to as loss of society. The amounts awarded reflect the closeness of the relationship and the personal impact on each claimant.
- Loss of personal services: where the deceased provided practical support or care to others in the household, a claim may be made for the cost of replacing those services.
In cases involving a very young child, the financial dependency element is not usually significant, but loss of society awards for bereaved parents can be substantial, reflecting the profound and lifelong nature of parental grief. Each case is assessed individually, and no two awards are identical.
It is worth noting that in Scotland, solicitors handling personal injury and fatal claims on a no-win, no-fee basis are not permitted to deduct their fees from the compensation awarded to the client.
Frequently asked questions
Can parents make a claim if their child dies due to alleged medical negligence?
Yes. Under the Damages (Scotland) Act 2011, parents are recognised as close relatives who may be entitled to compensation following the wrongful death of a child. This can include awards for grief, loss of society and funeral costs. A solicitor can advise on whether there is a sufficient basis to pursue a claim.
Who would a claim be made against in an NHS hospital case?
In Scotland, claims arising from treatment in an NHS hospital are generally made against the relevant NHS board, rather than against individual doctors or nurses. The board is the employer and bears responsibility for the standard of care provided within its hospitals. In this instance, that would be NHS Forth Valley.
Does an NHS review finding learnings mean negligence has been admitted?
Not necessarily. An internal NHS review may identify areas where practice could be improved without making any formal legal admission of fault or liability. Whether negligence occurred in a legal sense is a separate question, assessed against the Hunter v Hanley standard and supported by independent expert evidence.
How long do bereaved families have to bring a claim in Scotland?
The Prescription and Limitation (Scotland) Act 1973 sets a three-year time limit, which in a fatal case generally runs from the date of death. Courts have limited discretion to allow late claims in exceptional circumstances, but this cannot be relied upon. Families are encouraged to seek legal advice within the standard period.
What does the claims process involve for a bereaved family?
An initial consultation with a solicitor is confidential and carries no obligation to proceed. If a claim is taken forward, the solicitor will obtain medical records, instruct independent medical experts to review the care provided, and assess whether there is evidence that treatment fell below the required standard and caused the harm suffered.
Based on reporting by Daily Record, 23 October 2026. All rights in the original report remain with the publisher.