Based on reporting by STV News, 5 September 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, a woman in her early forties from Moray was admitted to a hospital in Elgin in early 2023, at nearly 38 weeks pregnant, with high blood pressure. She was considered high-risk due to gestational diabetes and had already been scheduled for a caesarean section the following week. She was reportedly sent home after staff were told there was no available space at Aberdeen Royal Infirmary, and was discharged on medication instead.
As reported by STV News, her blood pressure continued to rise over the following days. A scan that had been promised was never carried out, reportedly due to a lack of available staff. Ten days after she was first sent home, her baby was delivered but was found to have no heartbeat. The child was confirmed stillborn on arrival at hospital in Aberdeen, following a journey of approximately two and a half hours.
STV News reports that an initial investigation found that guidelines had been followed and did not attribute fault to the hospital. The family disputed those findings and pursued legal action. NHS Grampian admitted liability in August 2026 and the case was settled out of court. In a statement cited by STV News, the health board said it was "deeply sorry for the distress" and confirmed it was reviewing its clinical practices to ensure lessons were learned.
Fatal injury and medical negligence claims in Scotland
When a death occurs and there are questions about the standard of clinical care provided, close relatives in Scotland may be entitled to pursue a claim under the Damages (Scotland) Act 2011. This legislation sets out who may claim and what losses can be recognised in law.
In cases of this kind, the central legal question is whether the standard of care fell below what a reasonably competent medical professional would have provided in the same circumstances, and whether that failure caused or materially contributed to the death. This is assessed against accepted clinical practice rather than against a perfect outcome, and independent medical expert evidence typically plays a central role.
In incidents involving NHS bodies, liability, if established, generally rests with the health board responsible for the relevant hospital or service. Health boards in Scotland are public bodies and are subject to the same duties of care as any other healthcare provider. Where a health board admits liability, as reportedly occurred in this case, the process moves to agreeing the level of damages owed to the family.
It is worth noting that pursuing a claim does not prevent a family from also engaging with complaints processes, Fatal Accident Inquiries, or any regulatory investigation. These are separate procedures and one does not exclude the other.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a claim arising from a death caused by alleged negligence must ordinarily be brought within three years. In fatal cases, this three-year period typically runs from the date of death, though in some circumstances it may run from the date on which the family became aware, or could reasonably have become aware, that negligence may have been a contributing factor.
Courts do retain a discretionary power to allow claims outside the three-year window in exceptional circumstances, but this is not guaranteed. For that reason, it is sensible to seek legal advice well within the limitation period. There is no obligation to act urgently in the immediate aftermath of a bereavement, but families should be mindful that delay can eventually affect their legal options.
What compensation can cover
Under the Damages (Scotland) Act 2011, the categories of loss that may be claimed by close relatives following a death include the following.
- Loss of support: Where the deceased provided financial support to family members, those dependants may claim for the income or other financial contribution they have lost as a result of the death.
- Funeral costs: Reasonable expenses associated with arranging a funeral are recoverable as a head of loss.
- Grief and loss of society: Scots law recognises that close relatives suffer a real and serious harm through bereavement, loss of companionship, and the emotional impact of losing a family member. This is sometimes referred to as loss of society, and a sum is awarded to reflect that harm. In the case of a child who dies before or shortly after birth, the law recognises the grief of the parents.
- Personal injury to a surviving parent: If the circumstances of the death also caused a recognised psychiatric injury to a parent or other close relative, that may be claimed as a separate head of damages in appropriate cases.
The level of any award will depend on the individual circumstances of the family and the nature of the losses involved. Compensation is not intended to place a value on a life but to address the measurable and recognised harms suffered by those left behind. In claims of this kind, any legal fees are not deducted from the compensation received by the family.
Frequently asked questions
Who can bring a claim following a stillbirth caused by alleged negligence in Scotland?
Under the Damages (Scotland) Act 2011, close relatives are entitled to bring a claim. This includes the parents of the child. Where the death also caused physical or psychological harm to the mother, she may have a personal injury claim in addition to any claim as a bereaved relative.
How long does a medical negligence claim involving a death typically take in Scotland?
Cases of this kind often take several years to resolve, particularly where liability is disputed in the early stages. The process involves gathering medical records, obtaining independent expert evidence, and negotiating with the health board or its insurers. Some cases settle before reaching court; others proceed to litigation before resolution is reached.
Does admitting liability by an NHS health board mean the family automatically receives compensation?
An admission of liability confirms that the health board accepts responsibility for the harm caused, but it does not automatically determine the level of compensation. Once liability is admitted, the parties still need to agree on the value of the claim, taking into account all applicable heads of loss. If agreement cannot be reached, the matter may still require a court to assess the appropriate award.
What if an initial hospital investigation found no fault? Can a family still pursue a claim?
Yes. An internal hospital investigation and a legal claim are separate processes assessed against different standards. A family is entitled to seek independent legal and medical advice regardless of the outcome of any internal review. As this case illustrates, families who dispute an initial finding can pursue legal action and may ultimately achieve a different outcome through the courts or through negotiation.
Is there any cost to the family if a claim is unsuccessful?
This depends on the funding arrangement agreed with the solicitor at the outset. Many medical negligence solicitors in Scotland offer conditional fee or legal aid arrangements that provide protection against certain costs if a claim does not succeed. Families should discuss funding arrangements clearly before instructing legal representation, so they understand any potential financial exposure.
Based on reporting by STV News, 5 September 2026. All rights in the original report remain with the publisher.