Thompsons Solicitors Scotland is representing a mother in an ongoing NHS maternity negligence claim following the devastating birth injury and subsequent death of her daughter.
The case, reported in The Herald, concerns baby Lacie, who was born in August 2022 at St John’s Hospital and later diagnosed with Grade 3 hypoxic-ischaemic encephalopathy (HIE), the most severe form of brain injury caused by oxygen deprivation.
An NHS Adverse Event Review concluded that, on the balance of probabilities, a different treatment plan or delivery of care would have been expected to result in a different outcome. Legal proceedings are ongoing and no admission of liability has been made.
What Is Hypoxic-Ischaemic Encephalopathy (HIE)?
Hypoxic-ischaemic encephalopathy (HIE) is a serious brain injury caused by a lack of oxygen and blood flow to a baby’s brain before, during or shortly after birth.
Whilst it is unlikely to affect this case, it is important to recognise that negligence can arise not only from the management of treatment leading up to delivery, but also from any delay in treatment following birth. For example, “HIE develops over time, and it is crucial that therapeutic hypothermia (cooling the body) is initiated within six hours of birth. When begun within this timeframe, it can decrease mortality and enhance neurodevelopmental outcomes for survivors. This intervention is considered most beneficial for cases of moderate to severe encephalopathy.
Grade 3 HIE is the most severe form and can result in:
- Permanent neurological damage
- Cerebral palsy
- Severe developmental delay
- Life-limiting complications
- Birth injury cases involving HIE are among the most complex and serious claims in medical negligence litigation.
What are the allegations in this case?
Lacie’s mother, Caitlyn Pratt, alleges that repeated concerns she raised before delivery were not acted upon in the hours leading up to her emergency Caesarean section.
Following birth, Lacie was transferred to the Royal Infirmary of Edinburgh where she was diagnosed with severe brain injury secondary to placental abruption.
After two years of intensive medical care, Lacie tragically passed away in August 2024.
The case forms part of wider concerns surrounding maternity safety in Scotland. A recent investigation revealed that nearly £100 million has been paid out by NHS Scotland in maternity negligence claims over the past five years, with obstetric cases among the most serious and costly faced by the health service.
What is Thompsons’ Involvement
The claim is being led by Samantha Stewart, Associate Solicitor of Thompsons’ Medical Negligence Department.
Commenting on the case, Jonathan Howat, Partner and Head of Thompsons’ Medical Negligence Department said:
Jonathan Howat
Jonathan Howat
“This is a tragic case and no parent should ever have to go through the trauma and loss suffered by Caitlyn and her family. Clearly something went very wrong with the care Caitlyn and her daughter Lacie received from NHS Lothian. The health board’s own adverse incident report makes that clear.
Sadly, my team are seeing a rise in families coming to us having experienced below standard care in maternity units across Scotland. We will do all we can to hold NHS Lothian to account and get Caitlyn and her family the answers and justice that they deserve.”
At Thompsons, we specialise in complex medical negligence claims, including:
- Birth injury and obstetric negligence
- Delayed emergency Caesarean sections
- Failure to recognise fetal distress
- Placental abruption mismanagement
- Catastrophic and life-limiting injuries
What is a NHS Maternity Negligence Claim?
An NHS maternity negligence claim arises when the care provided during pregnancy, labour or delivery falls below an acceptable professional standard and causes avoidable harm.
To succeed in a claim in Scotland, it must be shown that:
- The standard of care fell below what would reasonably be expected; and
- That failure caused or materially contributed to the injury.
These cases require:
- Detailed review of medical records
- Independent obstetric and neonatal expert evidence
- Assessment of long-term care needs
- Complex valuation of future losses
They are among the most legally and medically challenging cases in the Scottish courts.
Why Does Specialist Representation Matter?
Maternity and birth injury claims are emotionally devastating and legally complex. Families are often left with lifelong consequences, physically, emotionally and financially.
Specialist solicitors are essential because these cases involve:
- Long-term care planning
- Court of Session litigation
- Sensitive client support
Thompsons represents clients across Scotland in serious clinical negligence claims and is recognised for handling high-profile and complex litigation with care, expertise and determination.
For many families, pursuing legal action is about more than compensation. It is about accountability, answers and ensuring lessons are learned to prevent future harm.
Frequently Asked Questions About Maternity Negligence Claims
Supporting Families Across Scotland
Thompsons Solicitors Scotland is committed to standing beside families affected by serious medical errors.
We understand the profound impact that maternity failures can have on parents and children. Our role is to investigate thoroughly, advise clearly, and pursue justice firmly, whether through negotiation or through Court Proceedings.
If you believe you or your child has been affected by medical negligence during pregnancy or birth, our specialist team can provide confidential advice.
Contact Thompsons’ Medical Negligence Team today.
Herald Article 25th February 2026 - Mother on her NHS negligence claim over baby’s brain injury
