Page last updated at 17:37 GMT, Monday, 24 May 2010 18:37 UK

GP locum victim's family get payout

David Gray
David Gray was given painkillers for renal colic

The family of a pensioner who died after he was given an overdose of painkillers by a German locum doctor has accepted £40,000 compensation.

Daniel Ubani injected 70-year-old David Gray with 10 times the recommended daily dose of diamorphine at his home in Manea, Cambridgeshire, in 2008.

The doctor was on his first shift for a GP out-of-hours service.

Mr Gray's son Stuart, who is also a GP and lives in Kidderminster, said he is pressing for a change in regulations.

The family has lodged a complaint with the European Court of Human Rights against the German and UK governments over the handling of the criminal inquiry into the death.

'Death by negligence'

Mr Gray added: "My father was killed and £40,000 does seem a small sum for the loss of a life, especially when compared to countries like the US.

"However, we've never been interested in the money.

"The major issue for us is pressing for a change to regulations in this country to prevent a repeat of the situation that led to my father's death."

At a court in Witten, Ubani admitted causing death by negligence - a lesser charge. He was given a nine-month suspended sentence and ordered to pay 5,000 euros (£4,300) costs.

The prosecution means he cannot be extradited to face charges in the UK.

The family claims the handling of the criminal inquiry was a violation of their human rights and could gain compensation from both governments if this is upheld.

It could also mean the German government overturns Ubani's conviction which would allow him to be charged with corporate manslaughter.

At an inquest into Mr Gray's death, coroner William Morris said Ubani was "incompetent" and ruled that Mr Gray was unlawfully killed.

He said the death amounted to gross negligence and manslaughter.

Ubani has been called to attend a fitness to practice hearing next week at the General Medical Council in Manchester.

A spokeswoman for Anthony Collins Solicitors said the payout has come from sources which remain confidential as part of the agreement.

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