Based on reporting by The Press and Journal, 24 September 2026. All rights in the original report remain with the publisher.
What was reported
According to The Press and Journal, a Scottish health board has paid out compensation to a bereaved father following the death of his five-year-old daughter. The father is understood to have waited approximately three years after his daughter's death before he was made aware that concerns had been raised about the standard of care she received.
The Press and Journal reports that the delay in disclosing those concerns compounded the father's grief, leaving him without key information during what was already an extraordinarily difficult period. The health board has not been reported as admitting liability, and the details of the settlement have not been fully disclosed publicly.
Cases of this kind, where families allege that questions about the quality of clinical care were not addressed promptly or transparently, are not uncommon within the Scottish health system. Regulatory bodies and health boards have duties around openness and candour when things go wrong in a clinical setting.
Medical negligence claims in Scotland
When a patient dies and their family believes that substandard clinical care contributed to that death, it may be possible to bring a medical negligence claim under Scots law. Such a claim requires evidence that the care provided fell below the standard a reasonably competent medical professional would be expected to provide, and that this shortcoming caused or materially contributed to the harm suffered.
In incidents of this kind, liability often rests with the relevant health board as the body responsible for the actions of its clinical staff. NHS health boards in Scotland are treated as the employer in most circumstances, meaning claims are typically directed at the board rather than at individual clinicians.
Where a death is involved, claims are governed primarily by the Damages (Scotland) Act 2011. Under that legislation, certain close relatives, including parents, are entitled to bring an action seeking compensation for loss of support, funeral expenses, and what the Act describes as grief and loss of society. Loss of society reflects the very real and lasting impact of losing a close family member on a person's everyday life and wellbeing.
Separately, families who believe a health board delayed or failed to disclose concerns about care following a death may have grounds to raise concerns through formal complaint processes, including the Scottish Public Services Ombudsman, alongside or instead of a civil claim.
Time limits
In Scotland, the Prescription and Limitation (Scotland) Act 1973 sets a general three-year time limit for personal injury and medical negligence claims. Where a claim relates to a death, that three-year period ordinarily runs from the date of death, or from the date on which the pursuer first became aware, or could reasonably have become aware, that the death may have resulted from an act or omission that could give rise to a claim.
This second point is particularly relevant in cases where concerns about care were not disclosed promptly. If a family was not informed of potential failings until some time after the death, the limitation period may not begin to run until that information came to light. Scottish courts have discretion to consider these circumstances, though this is not guaranteed and each case is assessed on its own facts.
Given the complexities involved, anyone who believes they may have a claim is strongly encouraged to seek legal advice as early as possible, even if they are uncertain whether the three-year limit has passed.
What compensation can cover
Under the Damages (Scotland) Act 2011, the categories of loss that close relatives may be entitled to claim following a death include the following.
- Loss of support: Where the deceased provided financial or practical support to family members, the value of that support over time may be recoverable.
- Funeral expenses: Reasonable costs associated with the funeral and burial or cremation can be included in a claim.
- Grief and loss of society: This head of damages acknowledges the emotional impact of bereavement and the loss of the deceased's companionship, guidance and presence in the lives of those close to them. In the case of a parent who has lost a very young child, this element can be significant.
In cases where the deceased suffered pain or injury before death, an additional claim for that suffering, known as solatium, may also be brought on behalf of the estate.
Legal fees in successful Scottish personal injury and medical negligence cases are generally met by the losing party or covered through a no-win, no-fee arrangement, meaning that compensation received by the family is not deducted to pay legal costs.
Frequently asked questions
Can parents claim compensation after the death of a child in Scotland?
Yes. Under the Damages (Scotland) Act 2011, parents are among the close relatives entitled to bring a claim following a child's death where negligence is alleged. They may be able to seek damages for grief and loss of society, loss of support and funeral costs.
What if we did not find out about concerns over care until years after the death?
The three-year limitation period under the Prescription and Limitation (Scotland) Act 1973 may run from the date you first became aware, or could reasonably have become aware, that there may have been a failing in care. A solicitor can advise on how this applies to your specific circumstances.
Does making a compensation claim mean blaming an individual doctor or nurse?
Not necessarily. Claims in Scotland are generally brought against the health board as the responsible body, rather than against individual clinicians. The process is civil, not criminal, and is separate from any regulatory or disciplinary proceedings.
Is there any obligation to claim quickly?
There is no pressure to act immediately. The three-year rule allows time for families to grieve and gather information before deciding whether to pursue a claim. However, it is sensible to seek advice well within that period to ensure important evidence is preserved.
What does the duty of candour mean for health boards in Scotland?
Since 2018, Scottish health boards have been subject to a statutory duty of candour, which requires them to inform patients and families when things go wrong in a clinical setting, apologise, and explain what happened. A failure to meet this duty can be relevant context in a subsequent negligence claim, though it does not by itself establish liability.
Based on reporting by The Press and Journal, 24 September 2026. All rights in the original report remain with the publisher.