Fatal claim: a tragic case of an avoidable death

Fatal claim: a tragic case of an avoidable death

The Story

A man in his early 40s with a complex history of mental and physical health issues, tragically passed away due to a fatal overdose of tramadol and lacosamide. He had been under the care of various health services and was dependent on his sibling for daily support. Despite multiple interactions with healthcare providers, including reporting the stockpiling of medication, action was not taken and the man died from an overdose of the medication. Teri Gauge-Klein acted for the family in the medical negligence claim against the trust and the GP.

The details

There was a history of ASD, ADHD, alcohol misuse, complex PTSD, generalised anxiety disorder, and other health issues. The man was under the care of community mental health recovery services as well as his GP. There were gaps in the service provided to him and his family worked tirelessly to fill those gaps and provide support. In the month that he died he had been detained by the police following threats of suicide. Despite this, the man was permitted to leave a mental health Trust with excess and unaccounted for medication. There were further failures by his GP to undertake adequate medication or mental health assessments, and also by a Community Psychiatric Nurse to adequately respond to reports and evidence of stockpiled medication. 

The impact

As a result of the failings the man lost his life, and the family were left to deal with the aftermath of his death. The case highlights the challenges faced by families dealing with complex mental health issues and the gaps in the healthcare system that can lead to tragic outcomes.

How we helped

Senior Associate Teri, representing the family, managed the involvement of GP and toxicology experts, pulling together evidence from the medical records, family’s accounts and the inquest. Working with a barrister, specialising in human rights and healthcare claims, the claim was issued at court and particulars of claim were served. The case was brought against the GP and Trust for funeral expenses; pain, suffering and loss of amenity; and infringements of the Human Rights Act.  

The claim was strenuously denied, and a defence was raised, arguing that the claim was out of time. Teri and the barrister prepared replies to the defence, addressing the denials of liability and the limitation defence. Shortly before a procedural hearing, the parties entered settlement negotiations and reached an agreement.

What our client said

“Shoosmiths gave me the affirmation that I had been longing for; that what had happened to my brother reached the legal threshold of negligence.

Thank you to Teri Gauge-Klein and the team, as well as the barrister, Freddy Powell, for all of your unbelievable hard-work and unwavering support. I can now sleep somewhat better at night, safe in the knowledge that, together, we fought to the bitter end; and for that I will always owe you all a huge debt of gratitude. 

Without any hesitation, I recommend the team at Shoosmiths, if anyone is considering taking on a case of negligence.”

Disclaimer

This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2025