Based on reporting by BBC News, 2 October 2026. All rights in the original report remain with the publisher.
What was reported
A fatal accident inquiry (FAI) sitting at Aberdeen Sheriff Court has heard evidence concerning the death of a baby boy who passed away in October 2021 at the Royal Aberdeen Children's Hospital at two months old, according to BBC News. The baby had been born at Aberdeen Maternity Hospital in August of that year and underwent a hernia operation before his death.
BBC News reports that a consultant paediatric anaesthetist told the inquiry he had reviewed patient records before the operation but found nothing in those records to indicate the baby had an inherited heart condition known as familial elastin atrophy (FEA). He said that had he been aware of the condition, he would have advised against proceeding with surgery, as FEA is understood to carry a serious risk of death under anaesthesia. The baby's older brother had previously died following cardiac surgery in Glasgow in 2019, and FEA was listed as one of the suspected causes of that death.
As reported by BBC News, a second clinician told the inquiry that details of the suspected cause of the older sibling's death had been passed on to clinicians in Aberdeen. The inquiry was ordered by the Lord Advocate on the basis that the baby's death occurred in circumstances giving rise to serious public concern. The FAI is intended to establish the facts surrounding the death and, as BBC News notes, does not seek to apportion blame. The inquiry continues before a sheriff at Aberdeen Sheriff Court.
Fatal accident inquiries and death claims in Scotland
A fatal accident inquiry is a formal court process unique to Scots law. It is held before a sheriff and is designed to establish the circumstances of a death, including where and when it occurred and what precautions, if any, might have prevented it. An FAI does not determine civil or criminal liability. However, the findings of an FAI can be relevant to any subsequent civil claim brought by the deceased person's family.
In cases involving a death in a healthcare setting, a civil claim for compensation would typically be brought under the law of delict in Scotland. In general terms, a claim of this kind requires it to be established, on the balance of probabilities, that a duty of care existed, that there was a failure to meet the standard expected of a reasonably competent medical professional, and that this failure caused or materially contributed to the death. These are matters that would need to be assessed by medical experts and, ultimately, by a court if the claim were disputed.
In incidents of this kind, liability, if established, would ordinarily rest with the health board or NHS trust responsible for the care provided. Individual clinicians are not typically pursued personally. Whether any claim would succeed depends entirely on the specific facts and expert medical evidence, and nothing in the FAI proceedings so far should be read as a finding of fault against any individual or organisation.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a civil claim arising from a death must ordinarily be raised within three years of the date of death. In the case of a child who has died, the three-year period generally runs from the date of death rather than from when relatives became aware of the full circumstances.
There are limited exceptions. A court has discretion to allow a claim to proceed outside the three-year period where it considers it equitable to do so, but this is not guaranteed and should not be relied upon. Families who may be considering a claim are advised to be mindful of this time limit, even where an FAI or other investigation is still ongoing. The existence of a continuing inquiry does not automatically pause the limitation period.
What compensation can cover
Under the Damages (Scotland) Act 2011, close relatives of a person who has died may be entitled to seek compensation. The categories of loss that can be claimed include the following.
- Loss of support: Where the deceased person provided financial support to family members, that loss of financial dependency can be reflected in a claim.
- Funeral costs: Reasonable funeral expenses are recoverable as a head of loss.
- Loss of society and grief: Scots law recognises that close relatives suffer a profound personal loss when someone dies. Compensation can be awarded to reflect the loss of the deceased person's guidance, companionship and presence in family life, as well as the grief and distress suffered. In the case of an infant, the parents and any siblings may each be entitled to claim under this head.
The relatives who may be entitled to claim are defined in the 2011 Act and include parents, spouses or civil partners, and children of the deceased. The amounts awarded under each heading vary depending on the relationship and the circumstances of the case. Any compensation awarded is not subject to deduction of legal fees where a claim is conducted on a no-win, no-fee basis, with fees recovered separately from the party found liable.
Families are under no obligation to act immediately. The three-year limit provides time to gather information, await the outcome of an FAI, and consider whether to proceed. However, it is advisable to seek legal guidance well before that deadline.
Frequently asked questions
Does an FAI finding mean there is an automatic right to compensation?
No. A fatal accident inquiry establishes facts but does not determine civil liability. A sheriff's findings may be useful evidence in a subsequent civil claim, but a separate legal process would be required to seek compensation. Whether a claim would succeed depends on expert medical evidence and the specific circumstances of the case.
Who can bring a claim following the death of an infant in Scotland?
Under the Damages (Scotland) Act 2011, defined close relatives are entitled to claim. For an infant, this would typically include both parents. Any compensation can reflect grief, loss of society, and funeral costs. The 2011 Act sets out precisely which relatives qualify.
Does an ongoing FAI pause the three-year time limit for a civil claim?
Not automatically. The Prescription and Limitation (Scotland) Act 1973 three-year limit runs from the date of death in most cases. A court has discretion to allow late claims in limited circumstances, but families should not assume that an ongoing inquiry protects their position. Legal advice should be sought well within the three-year period.
Can a claim be brought against NHS Grampian or another health board?
In Scotland, civil claims arising from care provided by NHS services are generally brought against the relevant health board rather than individual clinicians. Whether any particular health board could be found liable in a given case is a matter that requires careful assessment of the facts and independent medical expert opinion.
What if families cannot afford legal costs upfront?
Medical negligence and fatal claims in Scotland are commonly pursued under a no-win, no-fee arrangement, meaning families do not pay legal costs unless the claim succeeds. Where a claim is successful, legal fees are recovered from the responsible party rather than deducted from the compensation received by the family.
Based on reporting by BBC News, 2 October 2026. All rights in the original report remain with the publisher.