Family wins damages from GP and chemist over OAP's death

Published on Monday 2 March 2009 21:20

THE family of a woman who died after being given the wrong prescription for her bad back were awarded undisclosed damages yesterday after suing the doctor and pharmacist responsible.

Grandmother Catherine Rodger died in November 2005, hours after taking a fatal dose of painkillers ten times the correct strength.

The woman's relatives took legal action against Dr Salahuddin Malik, of Downfield Surgery in Dundee, who wrote the lethal prescription, and pharmacist Andrew Nixon, who dispensed the massive overdose at the neighbouring Alliance pharmacy.

Mrs Rodger's daughter, Rena Brady, 42, from Dundee, brought the case on behalf of herself and three brothers.

"Mum died three years ago but we are still all devastated at her loss and very angry at the GP and the chemist," said Mrs Brady. "We are a close family and Mum was a huge part of it."

Mrs Brady said the 74-year-old had only recently stopped working and was fit enough to look after her grandchildren before and after school.

"Anyone who met her knew she had plenty of living to do, which makes it hard to accept that she has been taken away from us through stupid and careless mistakes."

Court papers show that for 18 months, Mrs Rodger's regular dose of painkillers was 10mg of morphine sulphate tablets, but in November 2005 Dr Malik handwrote a prescription for two 100mg morphine sulphate tablets.

Mrs Rodger took the first tablet before going to bed, but she was violently ill during the night and died just after 8am the following day.

Mrs Brady, a data maintenance worker with Tayside Police, said the family took the case to court because the procurator-fiscal decided not to prosecute and the Crown Office refused to sanction a fatal accident inquiry.

Last night, she warned patients to be vigilant and check their medication, saying her trust in the medical profession had been shattered.

The family's solicitor, Jayne Crawford, of Thompsons Solicitors, said medical experts suggested the woman could have lived for another six years, had it not been for the overdose.

A report from cardiologist Dr Stuart Hood, of the Royal Alexandra Hospital in Paisley, said his opinion was that the overdose triggered her fatal heart attack.

Ms Crawford said: "When we raised the action, the defenders took what I thought was a pretty callous line. It amounted to arguing that Mrs Rodger was an old woman with an underlying heart condition who would have died anyway."

A spokeswoman for the General Medical Council said Dr Malik was issued with a warning in August 2007 following an investigation that found he was fit to practise.

Alliance pharmacy said patient safety was paramount and they had reviewed their practices as a result of the woman's death.

The practice manager at Downfield Surgery refused to comment on the case yesterday.