Based on reporting by STV News, 2 October 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, a fatal accident inquiry (FAI) is under way in Aberdeen examining the circumstances surrounding the death of a baby boy who was born at Aberdeen Maternity Hospital in August 2021 and died at the Royal Aberdeen Children's Hospital approximately two months later. The Lord Advocate determined that the death occurred in circumstances giving rise to serious public concern, and an inquiry was ordered to examine how risk was understood, how information was shared between health boards, and how the family were kept informed.
As reported by STV News, the inquiry heard evidence from a paediatric anaesthetist who had reviewed the baby's case after his death. She told the FAI that the baby's family history, which included a sibling who had died following cardiac surgery linked to a suspected inherited heart condition, would in her opinion have warranted further investigation before the baby underwent surgery for a hernia repair. The inquiry also heard that the baby's echocardiogram results were not normal, and that a cardiology referral had been recommended.
STV News also reported that a consultant paediatric anaesthetist who reviewed the patient records before the operation told the inquiry that those records contained no mention of any family heart condition. He said that had the suspected inherited condition been flagged to him, it would, in his words, "have set off alarm bells" and would have materially altered his assessment of the risks involved. He added that information sharing between health boards and clinicians should be improved.
Medical negligence and fatal accident inquiry claims in Scotland
A fatal accident inquiry is a public judicial process in Scotland, distinct from a civil compensation claim. An FAI does not determine civil or criminal liability, but its findings can be relevant to subsequent legal proceedings. Where a death occurs in circumstances that may involve a failure in clinical care, close relatives may be entitled to bring a claim for compensation under the Damages (Scotland) Act 2011.
In incidents of this kind, liability in a civil claim would generally require it to be established that the standard of care provided fell below what a reasonably competent medical professional would have delivered in the same circumstances, and that this failure caused or materially contributed to the harm suffered. Where questions arise about how information was shared between clinical teams or health boards, those communication failures may also be relevant to whether the duty of care owed to a patient was met. These are matters for courts and independent medical experts to assess on the specific facts of any individual case.
Claims against NHS bodies in Scotland are handled through the usual civil litigation process. It is not necessary for an FAI to be concluded before a civil claim is considered, though the inquiry's findings may provide useful evidence.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, there is generally a three-year time limit within which a civil claim arising from a death must be raised in court. In a case involving the death of a child, the three-year period typically 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 an act or omission that could give rise to a claim.
Courts do have a discretion to allow claims to proceed outside the three-year period in certain circumstances, but this discretion is not automatic and cannot be relied upon. Families who believe they may have grounds for a claim are encouraged to seek legal advice in good time, even if they are not ready to make a decision about whether to proceed. There is no obligation to act immediately, but it is sensible to be aware of the limit.
What compensation can cover
Under the Damages (Scotland) Act 2011, certain close relatives of a person who has died as a result of negligence or wrongdoing may be entitled to claim compensation. This can include the following categories.
- Loss of society: This reflects the grief, distress and loss of the deceased's companionship suffered by close relatives, including parents who have lost a child.
- Loss of support: Where the deceased provided financial or practical support to dependants, the value of that support may be recoverable. In the case of an infant this element is less commonly significant, but it is not automatically excluded.
- Funeral expenses: Reasonable costs associated with the funeral are recoverable by the person who paid them.
- Services: Where relatives provided additional care or services as a result of the circumstances, those costs may also be considered.
Compensation is assessed on the specific facts of each case and is not a fixed sum. Figures for loss of society in Scottish courts take into account the closeness of the relationship and the impact of the bereavement on each claimant. Legal fees in personal injury and fatal claims in Scotland are typically met separately from any compensation awarded, meaning that fees are not deducted from the damages a family receives.
Frequently asked questions
Can a family pursue a civil claim while a fatal accident inquiry is still ongoing?
Yes. A fatal accident inquiry and a civil compensation claim are separate processes. Raising a civil claim does not require the FAI to be complete, although in practice many families wait to see the inquiry's findings before deciding how to proceed. Legal advice can be sought at any stage.
Who can claim under the Damages (Scotland) Act 2011 following a child's death?
The Act sets out a list of "relatives" who may claim. This includes parents of a deceased child. Each qualifying relative may be entitled to an award for loss of society and, where applicable, loss of support. The court considers each claimant's relationship with the child individually.
Does an FAI finding mean a civil claim will succeed?
Not automatically. An FAI may make findings about what happened and what could have been done differently, but it does not determine civil liability. A civil court would consider the FAI's findings alongside expert medical evidence and other material when assessing whether a breach of duty occurred and whether it caused the death.
What if information was not properly shared between clinical teams - is that relevant to a claim?
Potentially, yes. In clinical negligence claims, the duty of care owed to a patient can extend to how information is communicated within and between clinical teams. Whether a failure in information sharing amounts to a breach of duty in any specific case is a question for independent medical experts and, ultimately, the court.
Is there a minimum or maximum amount of compensation for a child's death in Scotland?
There is no fixed tariff. Awards for loss of society reflect the individual impact of the bereavement on each relative and are assessed by the court in light of Scots law and relevant precedent. Levels of awards in Scotland have increased in recent years following changes to how courts approach these assessments.
Based on reporting by STV News, 2 October 2026. All rights in the original report remain with the publisher.