Based on reporting by BBC News, 1 October 2026. All rights in the original report remain with the publisher.
What was reported
According to BBC News, NHS Tayside has admitted a series of safety failings connected to the death of an elderly woman in her eighties who was a patient on a mental health ward at Murray Royal Hospital in Perth. The patient, who had a known history of falls and had been assessed as a high-risk individual, sustained serious head injuries after getting out of bed in the early hours of January 2024 and died approximately one week later.
Perth Sheriff Court heard, as reported by BBC News, that a bed pad alarm which would have alerted staff when the patient left her bed had been removed the day before the fall and transferred to another patient due to a shortage of equipment on the ward. A second alarm system involving infra-red motion sensors in the patient's room had also failed to operate, and staff were reportedly already aware it was not functioning correctly before the fall occurred.
NHS Tayside issued an apology to the patient's family and, according to BBC News, admitted failing to ensure that fall-risk patients were not exposed to undue risks, failing to maintain adequate checks on room sensor alarms, and failing to have a sufficient number of bed pad alarms available for patients who required them. The health board's defence counsel expressed the organisation's regret and acceptance of its failings to the court.
Medical negligence claims in Scotland
When a patient dies in the care of an NHS board or other healthcare provider, and there are grounds to suggest that inadequate systems, equipment failures or departures from accepted clinical standards contributed to that death, the deceased person's close relatives may be entitled to seek compensation through the civil courts in Scotland.
In incidents of this kind, liability often rests with the organisation responsible for managing staffing levels, equipment provision, risk assessment processes and the systems of work used to keep vulnerable patients safe. Individual members of staff may not bear personal legal responsibility where failings are found to be systemic or organisational in nature. A clinical negligence claim in Scotland requires a claimant to demonstrate, on the balance of probabilities, that a duty of care existed, that the standard of care fell below what was reasonably expected, and that this falling-short caused or materially contributed to the harm suffered.
Claims against NHS Scotland boards are handled through the civil courts and, in some cases, through NHS Scotland's claims management processes. Legal representation is normally required given the technical and evidential complexity of such cases, and specialist medical expert opinion will typically be needed to support the claim.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a claim arising from personal injury or death must ordinarily be brought within three years. In cases involving a death, that three-year period generally runs from the date of the person's death rather than the date of the incident that caused the fatal injury.
There are limited exceptions to the three-year rule. A Scottish court has discretion to allow a claim to proceed outside the standard period in certain circumstances, for example where a claimant could not reasonably have been aware of the connection between the death and any potential negligence. However, courts apply this discretion cautiously, and it is not something that should be relied upon. Families are strongly advised to take legal advice well within the three-year period to protect their position.
There is no obligation on families to act immediately during what is inevitably a period of grief and adjustment. The three-year window is intended to allow time for reflection and for the gathering of information, while still ensuring that claims are brought within a reasonable period.
What compensation can cover
Under the Damages (Scotland) Act 2011, where a person has died as a result of negligence, certain close relatives are entitled to make a claim. The categories of loss that may be recoverable include the following.
- Loss of society: This reflects the grief, sorrow and loss of companionship experienced by close family members such as a spouse, civil partner, child or parent. It is a recognised head of damages in Scots law and acknowledges the emotional impact of bereavement on those who were closest to the deceased.
- Loss of support: Where the deceased provided financial support or practical assistance to family members, compensation may reflect the value of what has been lost. This can include both financial contributions and the non-financial support, such as care or domestic assistance, that the deceased provided.
- Funeral expenses: Reasonable costs associated with the funeral and burial or cremation of the deceased may be recoverable as part of a claim.
- Losses suffered before death: Where the deceased survived for a period before dying, their estate may also be entitled to seek damages for any pain and suffering endured during that time, as well as any financial losses incurred.
Compensation in cases of this kind is intended to provide fair acknowledgement of what families have lost. Amounts vary depending on the closeness of the relationship, the level of dependency, and the specific circumstances of the case. A solicitor acting in this type of claim will typically work on a no-win, no-fee basis, and any fees are not deducted from the compensation awarded.
Frequently asked questions
Who can make a claim following a patient's death in an NHS hospital in Scotland?
Under the Damages (Scotland) Act 2011, close relatives of the deceased may be entitled to claim. This includes a spouse or civil partner, children, and parents. The Act sets out specific categories of relative who qualify, and each may be entitled to different heads of compensation depending on their relationship with and dependency on the person who died.
Does a health board admitting failings mean a civil claim will automatically succeed?
An admission made in criminal or regulatory proceedings does not automatically establish civil liability, though it may be relevant evidence. A civil claim in Scotland requires the claimant to demonstrate on the balance of probabilities that negligence occurred and caused the loss. Each case is assessed on its own facts and supporting medical expert evidence is usually required.
How long do families have to make a claim after a loved one dies in hospital?
In Scotland, the Prescription and Limitation (Scotland) Act 1973 sets a general three-year time limit. In fatal cases, this period typically runs from the date of death. While courts do have some discretion to allow late claims in exceptional circumstances, this cannot be relied upon and families should seek legal advice well within the three-year period.
What if the patient was elderly or had a pre-existing condition such as dementia?
A pre-existing condition does not prevent a claim from being made. The question in law is whether the negligence materially contributed to the harm suffered, not whether the patient was otherwise in good health. The vulnerability of a patient can itself be relevant, as it may affect what precautions a reasonable healthcare provider should have taken to keep that individual safe.
Is it expensive to pursue a medical negligence claim in Scotland?
Most solicitors who handle clinical negligence cases in Scotland offer no-win, no-fee arrangements, meaning families do not pay legal costs if the claim is unsuccessful. If a claim succeeds, fees are not deducted from the compensation received by the family. Families should clarify fee arrangements at the outset when taking legal advice.
Based on reporting by BBC News, 1 October 2026. All rights in the original report remain with the publisher.