Based on reporting by Daily Record, 17 October 2026. All rights in the original report remain with the publisher.
What was reported
According to the Daily Record, a mother in her early 40s from the north of Glasgow died at the Glasgow Royal Infirmary on 7 October 2026. Her family say she had been experiencing symptoms including vomiting since the summer and had attended her GP and hospital on multiple occasions in the weeks before her death.
As reported by the Daily Record, the woman underwent surgery for a suspected perforated bowel. Her family allege that medical staff later told them no evidence of that condition was found, and that they were informed her heart had stopped suddenly. A brother of the deceased told the newspaper that he believes his sister would still be alive had her symptoms been taken seriously at an earlier stage.
The Daily Record reports that the family are seeking answers from the hospital. NHS Greater Glasgow and Clyde has not been quoted in the report, and no determination of fault or negligence has been made. Incidents of this nature are typically subject to independent clinical review.
Medical negligence claims in Scotland
In Scotland, a medical negligence claim arises when it is established that a healthcare professional or organisation failed to provide the standard of care that a reasonably competent practitioner in that field would have provided, and that this failure caused harm to the patient. This legal test is rooted in the case of Hunter v Hanley (1955) and remains the central standard applied by Scottish courts.
In incidents of this kind, liability, if established, would ordinarily rest with the NHS board responsible for the hospital or treatment in question. Claims are brought against the board rather than individual clinicians. Establishing liability in medical negligence cases requires independent expert medical opinion, and the process is distinct from any internal NHS complaints procedure or Fatal Accident Inquiry, both of which may run alongside or independently of a civil claim.
Where a patient has died, close relatives may be entitled to bring a claim under the Damages (Scotland) Act 2011. This legislation sets out who qualifies as a "relative" for the purposes of a claim and what categories of loss can be compensated. It is not necessary for a criminal or regulatory finding to have been made before a civil claim is considered.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, the general rule is that a claim must be brought within three years of the date on which the person became aware, or could reasonably have become aware, that they had suffered a loss as a result of negligence. In cases involving a death, the three-year period typically runs from the date of death, or from the date on which relatives became aware that the death may have resulted from negligence, whichever is the later.
Scottish courts do retain a discretion to allow a case to proceed outside the three-year window in exceptional circumstances, but this is not guaranteed. It is therefore sensible for families to seek legal advice in good time, without feeling pressured to act immediately during what is a period of grief. There is no obligation to initiate formal legal proceedings straight away, provided the time limit is observed.
What compensation can cover
Under the Damages (Scotland) Act 2011, close relatives of a person who has died as a result of negligence may be entitled to claim for a number of losses. These can include:
- Loss of society, which reflects the grief, sorrow and loss of the deceased's companionship and guidance experienced by close family members
- Loss of financial support, where the deceased contributed financially to the household or to dependants
- Reasonable funeral costs
- In some circumstances, losses relating to services the deceased provided to the family, such as childcare or other practical support
Where a patient suffered pain and distress in the period before their death, a claim may also be made on behalf of their estate for that suffering. Each case turns on its own facts, and the value of any award will depend on the individual circumstances, including the age of the deceased, the nature of the relationship with surviving relatives, and the financial dependency involved.
Legal fees in cases of this kind are typically covered through a no win, no fee arrangement, meaning that compensation paid to the family is not deducted to cover legal costs.
Frequently asked questions
Can family members make a claim if a loved one dies as a result of medical negligence in Scotland?
Yes. Under the Damages (Scotland) Act 2011, certain close relatives, including a spouse or civil partner, children, and parents, may be entitled to bring a claim. The claim is made against the responsible NHS board. Independent medical evidence is required to establish that negligence occurred and that it caused or contributed to the death.
Does there need to be a Fatal Accident Inquiry before a civil claim can be made?
No. A Fatal Accident Inquiry and a civil compensation claim are separate processes. A civil claim can be pursued independently, and families do not need to wait for the outcome of an inquiry or any NHS internal review before taking legal advice. However, findings from such processes can sometimes be relevant to a civil case.
How long do families have to make a medical negligence claim in Scotland?
The general time limit under the Prescription and Limitation (Scotland) Act 1973 is three years. In a death case, this normally runs from the date of death or from the date relatives became aware that negligence may have played a role. Families are encouraged to seek advice well within this period, though there is no need to rush formal proceedings.
What is loss of society and who can claim it?
Loss of society is a recognised head of damages under the Damages (Scotland) Act 2011. It compensates close relatives for the grief, distress and loss of the deceased's companionship, love and guidance. It is not the same as general grief counselling costs. Qualifying relatives include a spouse or civil partner, children, parents and siblings, subject to the specific provisions of the Act.
What evidence is needed to support a medical negligence claim after a death?
A claim will typically require the deceased's full medical records, an independent expert report from a clinician in the relevant field, and evidence of the losses suffered by relatives. Legal advisers experienced in medical negligence will generally obtain and review these materials on behalf of the family before any formal claim is submitted to the NHS board or court.
Based on reporting by Daily Record, 17 October 2026. All rights in the original report remain with the publisher.