The matter did not end there and Anthony Collins Solicitors have since been assisting the family in progressing matters to the European Court of Human Rights. We alleged that the steps taken to punish Dr Ubani in Germany were inadequate and more could have been achieved if he had been extradited to the UK relating to the manslaughter of the patient; this amounted to a violation of Article 2 namely of Right to Life.
On 22 May 2014, the ECHR has issued its preliminary judgment (click here) which reviews the facts and concludes that there has been no violation of Article 2. The judgement will not be made final for 3 months in which time the Gray Family will consider their options and prospects of successfully overturning the present judgement before the Grand Chamber in Strasbourg.
The result is not entirely surprising as there are many claims lodged with the ECHR which do not even get to the stage of being adjudicated upon so the case has progressed further than many thousands of claims brought against the member countries of the European Union.
For more details, please contact Tony Hall, partner in the Clinical Negligence Department at Anthony Collins Solicitors on 0121 212 7477 or at tony.hall@anthonycollins.com.
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