Based on reporting by STV News, 23 September 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, the Scottish Public Services Ombudsman (SPSO) has ordered NHS Lothian to apologise to the family of a patient who died after developing a serious blood infection during a hospital stay. The patient had been admitted with a urine infection and kidney problems and was given intravenous fluids through a peripheral venous cannula. A Staphylococcus aureus bacterium infection was subsequently identified, and it was assumed to have originated from the use of that cannula.
As reported by STV News, the SPSO found that the medical care provided was reasonable, with clinical staff conducting regular reviews and managing the infection in line with relevant guidance. However, the Ombudsman upheld the family's complaint about the standard of nursing care. Failings identified included incomplete record-keeping relating to the cannula, care that did not meet relevant guidance, and shortcomings in skin and wound assessment.
The SPSO report noted, as reported by STV News, that the patient was already seriously unwell on admission and may have been suffering from organ failure alongside an antibiotic-resistant urinary tract infection. The report indicated that while the patient may not have survived those existing conditions, the additional blood infection made deterioration more likely and survival less likely. NHS Lothian has been ordered to apologise to the family and to review its systems, training, and record-keeping procedures relating to cannula care and adverse event reviews.
Medical negligence claims in Scotland
When a patient dies or suffers serious harm in a hospital setting, their family may have grounds to pursue a clinical negligence claim under Scots law. A claim of this kind does not follow automatically from an Ombudsman finding. To succeed, a claim must establish that a duty of care existed, that the standard of care fell below what a responsible body of medical professionals would consider acceptable, and that this failing caused or materially contributed to the harm suffered.
In incidents of this kind, questions of liability often centre on whether nursing or clinical protocols were followed correctly, whether records were maintained to the required standard, and whether any lapse in care had a causative link to the patient's deterioration. The fact that a patient was already seriously ill does not automatically prevent a claim, but it does form part of the overall assessment of causation and loss. Expert medical opinion is typically required to evaluate both the standard of care and the contribution any failing made to the outcome.
Where a public health board is involved, the claim would ordinarily be directed at the board as the responsible body, rather than at individual members of nursing or medical staff. An Ombudsman report upholding a complaint can be a relevant piece of evidence, though it is not legally binding in civil proceedings.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a claim for personal injury or death must ordinarily be brought within three years. In a fatal case, that period generally runs from the date of the death or from the date on which the deceased's family became aware, or could reasonably have become aware, that a potential claim existed. This means the clock may not always start on the date of death itself, particularly where the cause of harm only became clear later.
Scottish courts have a limited discretion to allow a claim to proceed beyond the three-year period where it would be equitable to do so, but this is not guaranteed and should not be relied upon. Families are encouraged to take legal advice in good time, even if they are still coming to terms with their loss. There is no obligation to act immediately, but the three-year limit should be kept in mind.
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 pursue a claim in their own right. Compensation in such cases can include several elements.
- Loss of support: Where the deceased provided financial support to a partner, child or other dependant, a claim can be made for the financial loss arising from the death.
- Funeral costs: Reasonable funeral expenses can be recovered as part of a claim.
- Grief and loss of society: Scottish law recognises that close relatives suffer a genuine and serious loss when someone they depend on emotionally is taken from them. A sum known as a loss of society award can be made to reflect the grief, distress, and loss of companionship caused by the death.
- Services: Where the deceased provided practical care or services to family members, such as childcare or household support, the value of those services may also be recoverable.
Any compensation recovered belongs to the family in full. Legal fees in personal injury and fatal accident claims in Scotland are ordinarily recovered from the other side if the claim succeeds, meaning that fees are not deducted from the compensation award itself.
Frequently asked questions
Does an Ombudsman finding mean a compensation claim will succeed?
Not automatically. The SPSO assesses whether services met the required standard and can order apologies or improvements. A civil compensation claim requires a separate legal process in which it must be shown that a failing in care caused measurable harm. An Ombudsman report can support a claim as evidence, but the two processes are distinct.
Can a family claim compensation if the patient was already seriously ill?
Yes, a claim can still be pursued. The pre-existing illness will be taken into account when assessing causation and the level of compensation, but it does not automatically bar a claim. The key question is whether any negligent act or omission materially contributed to the harm or death, rather than whether the patient was otherwise in good health.
Who would a claim be made against if the death occurred in an NHS hospital?
In Scotland, a clinical negligence claim arising from treatment in an NHS hospital is typically directed at the relevant health board, which carries responsibility for the actions of its staff. Individual nurses or doctors are not usually named as defenders in civil proceedings of this kind.
How long does a medical negligence claim take to resolve?
The timescale varies considerably depending on the complexity of the case, the availability of expert evidence, and whether the health board accepts liability. Some claims are resolved within one to two years, while others involving disputed causation or complex medical evidence can take longer. Families should be prepared for a process that may extend over a number of years.
What is a loss of society award under Scots law?
A loss of society award is a sum of compensation payable to close relatives of a person who has died due to negligence. It reflects the distress, grief, and loss of companionship suffered as a result of the death. It is distinct from financial loss and is recognised under the Damages (Scotland) Act 2011 as an important element of a fatal damages claim.
Based on reporting by STV News, 23 September 2026. All rights in the original report remain with the publisher.