Where Tramadol Causes Harm: Claims for damages, Part 2
In August 2017 I looked at two cases involving avoidable deaths from Tramadol.
I have since been able to negotiate a settlement for family of the first client whose case was covered in the article, and I am now advising other Claimants who have struggled with Tramadol.
Our experience: avoidable deaths
In a recent case our client’s family told a Coroner about her secret addiction to Tramadol. The Coroner criticised how easy it had been for her to get prescriptions from the family doctor, with the result that she was able to take more than she should have. Tragically she died as a result, leaving behind her husband and six children.
The GP admitted that she had breached her duty of care and this had caused our client’s death. We were able to negotiate a settlement in January 2019 for £315,000 which was approved by the Court.
Obtaining compensation for our client’s family has allowed them to move on. Her husband is purchasing a home so that he and the children can have some of the security and stability they have missed over the past few years. He hopes the new home will help the children settle back into family life.
More than compensation
Since we achieved a settlement, the GP practice has changed their procedures on prescribing and dispensing so as to avoid a similar incident occurring again. The GP has undergone refresher training and the General Medical Council is satisfied that she remains a person who is safe to practice.
Bringing about positive changes to the NHS through their claims is often extremely important to our clients, both as a way of ensuring that the same thing doesn’t happen to anyone else and, in the case of a fatality, as a kind of legacy for their loved one.
What evidence is required in the case of a Tramadol overdose?
The type of evidence required depends on whether or not the negligent GP/Hospital admits that they have made a mistake. If they do admit liability, the case will usually only require expert medical evidence to assist us with investigating how much your claim is worth.
If they do not admit to a mistake we may need to get a GP/Hospital expert to determine whether the doctor’s behaviour fell below professional standards.
We may also need to get reports from other experts, such as a Toxicologist, who will measure the amount of Tramadol (and any other substances) in the patients system.
And we would usually get a psychiatrist’s report, considering the claimant’s (or deceased’s) psychiatric history, their substance use, family life, any periods of abstinence and whether they have recognised their addictions and have committed to address them or not.
Expert Legal Advice on Tramadol Negligence
If you have questions about the negligent prescription of Tramadol, our team of accredited medical negligence solicitors are here to help. Contact us now to find out more.