City News

Landmark Result for Birmingham Legal Firm, Anthony Collins Solicitors

Top Birmingham law firm, Anthony Collins Solicitors has achieved a landmark result for the family of Mr David Gray, killed by an overdose of diamorphine given by an EU doctor during an out-of-hours visit.   The inquest, which received nationwide coverage, concluded at the beginning of this month with a verdict of unlawful killing.

Clinical negligence experts, Anthony Collins Solicitors were delighted with the verdict.  Associate Solicitor, Inez Brown, who represented the family comments; “This case has highlighted concerns about the use of EU doctors to deliver out-of-hours medical care in this country. In particular the process for vetting and monitoring EU doctors, their level of training in comparison to the NHS, and the information and training given to ensure the safe use of medicines and controlled drugs like diamorphine.

“David Gray died because of negligence and failings within the Primary Care Trust, the out-of-hours agent and ultimately by Dr Ubani who gave him the lethal overdose.  Had more robust procedures been put in place and followed, his death could have been avoided.  This case has sparked a lot of media debate and brought these patient safety issues to the attention of the public, but sadly it is not an isolated incident; we are seeing an increasing number of cases just like it.  Hopefully now, because of this case and the coroner’s recommendations, fundamental safeguards will be put in place to stop this happening again.”

Normally, where there is a verdict of unlawful killing, the Director of Public Prosecution would institute legal proceedings.  But, this can’t be done here. The arrest warrant issued to bring Dr Ubani back to the UK to face possible charges was refused by the German authorities.  Instead he received by post a 9 month suspended sentence and costs of 5,000 euros (£4,500) from the District Court in Witten, Germany for the lesser charge of causing actual harm/death by negligence.  

Currently, under the double jeopardy rule no defendant can be tried twice for the same crime based on the same set of facts.  However Anthony Collins Solicitors have now challenged this and appealed to the European Court of Human Rights, on behalf of the family, action which if successful could change the shape of the legal landscape.