Foreign doctor 'blissfully unaware' of fatal overdose

A foreign out-of-hours doctor who killed a pensioner on his first and only shift in Britain was "blissfully unaware" of what he had done, a hearing was told today.

Nigerian-born Dr Daniel Ubani injected David Gray, 70, with 100mg of a pain relief drug - 10 times the recommended dosage, the General Medical Council (GMC) heard.

Mr Gray, who was suffering from kidney stones, died at his home in Manea, Cambridgeshire, a few hours after he was given the massive overdose of diamorphine on February 16 2008.

The following day, a Dr Browning from SuffDoc called Dr Ubani to tell him the pensioner had died, and that he should return to Germany.

Bernadette Baxter, prosecuting, said: "Up until those phone calls were received, Dr Ubani was blissfully unaware of what had taken place and continued to see patients for the rest of that day."

Dr Ubani, 67, a specialist in cosmetic medicine based in Witten, Germany, admitted causing the pensioner's death after confusing the morphine with another drug.

He was given a nine-month suspended sentence in Germany for death by negligence.

But he still works as a doctor in the country, the panel was told.

Because of double jeopardy laws he cannot now be tried in Britain.

Mr Gray's sons, Stuart and Rory Gray, both attended the Fitness to Practise hearing in Manchester, but the doctor decided not to go.

He sent an email to the GMC saying: "I shall not be attending said hearing. I feel it should not serve any positive purpose."

The GMC is also looking into Dr Ubani's treatment of two other patients on the same day - Sandra Banks, 59, who was given the wrong medication for a migraine, and Iris Edwards, 86, who was found dead in her care home a few hours after he treated her.

Dr Ubani had flown into the UK the day before and only had a few hours' sleep before starting a 12-hour shift, the panel heard.

He was working for SuffDoc, part of the out-of-hours GP service provider Take Care Now, for £45 an hour.

The evening before he started the shift, he was given several hours' training on the firm's computer system at its headquarters in Colchester, Essex, the hearing was told.

He was also given an induction by a doctor, who gave him a sheet listing all of the available drugs and for which illnesses to administer them.

That doctor expressed concerns that Dr Ubani had no experience of working for the NHS, did not know the area, and that he did not have enough time to properly train him.

But his report was not read until two days after Mr Gray's death.

The vials of medicine given to Dr Ubani were all the same size - 10mg - except for the diamorphine, which was in a 100mg tube, the panel heard.

Before visiting Mr Gray, Dr Ubani went to the home of Ms Banks, who was suffering from a migraine.

He failed to ask about her medical history, did not properly examine her, and did not stay to check she was OK or make any notes.

He injected her with painkillers which made her condition worse and left the syringe in her bedroom.

She was later taken to hospital in an ambulance after her condition deteriorated, the panel heard.

After seeing Mr Gray, Dr Ubani went to visit Ms Edwards in her care home in Ely, Cambridgeshire.

She was not sent to hospital even though her heart was racing and she had low blood pressure, and she later died of a heart attack.

A coroner recorded a verdict of natural causes as it was unclear if she would have lived had she gone to hospital.

Ms Baxter told the panel that Dr Ubani had some difficult issues to deal with, but that was no excuse.

She said: "That is all part and parcel of being a medical practitioner and having to deal with the NHS.

"The ultimate responsibility and competency must rest with Dr Ubani."

The panel will look at allegations that his conduct was "not at a standard to be expected of a reasonably competent General Practitioner".

As a result of the hearing, Dr Ubani could be struck off the medical register so he can no longer practise in the UK.

In a letter addressed to the GMC 10 days after the death of Mr Gray, Dr Ubani wrote: "I am very, very sorry and confounded.

"The remorse and guilt will live with me the rest of my life.

"It is very unfortunate that, during my first out-of-hours shift, such a grave incident has occurred.

"I plead for forgiveness and leniency in judgment. If given the opportunity in future to be more careful to fulfil the ethic of good medical practice."

Dr Ubani specialises in cosmetic surgery and anti-ageing treatments and is believed to have been practising medicine for 23 years.

At the conclusion of the inquest into Mr Gray's death, Cambridgeshire North and East Coroner William Morris said the doctor was "incompetent" and ruled that Mr Gray was unlawfully killed.

He said his death amounted to gross negligence and manslaughter.

Mr Gray's family have recently accepted £40,000 compensation from sources which remain confidential as part of the payout agreement.

They have also 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, a spokeswoman for Anthony Collins Solicitors said.

Cambridgeshire Police, who were investigating Mr Gray's death, issued a European arrest warrant for Dr Ubani to bring him back to the UK to face a possible manslaughter charge.

But, as the warrant was issued, it emerged that legal proceedings had already been instigated in Germany.

At a court in Witten, the doctor pleaded guilty to 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, which is allowed under German law, means he cannot be extradited to face charges in the UK.

The family claim the handling of the criminal inquiry was a violation of their human rights. If their claim is upheld they could claim compensation from both governments.

Success at the court could also see the German government overturn Dr Ubani's conviction, which would allow him to be charged with corporate manslaughter.

The GMC hearing is expected to last for four weeks.