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GP sued for drug death: Mum blames doctor for son’s fatal overdose

A GRIEVING mother whose son died after overdosing on the powerful painkiller fentanyl is suing the doctor who prescribed it.

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A MOTHER whose son died after overdosing on the powerful painkiller fentanyl is suing the GP who prescribed it.

In what is believed to be the first action of its type against a doctor, Wendy Wilson, 61, claims Dr Iranga Jayasundara failed to check her son’s medical history before dolling out a 15-day supply of fentanyl patches to him.

If she had checked Travis Beach’s medical file or made other simple inquiries after he visited her at a medical centre in Melbourne Road, Wodonga, in June 2015, Ms Wilson alleges Dr Jayasundara would have learnt her son should not have been prescribed the opioid-based drug.

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A mum says a GP failed to check her son’s medical history before dolling out a 15-day supply of fentanyl patches to him. Picture: File image
A mum says a GP failed to check her son’s medical history before dolling out a 15-day supply of fentanyl patches to him. Picture: File image

Two days later, Mr Beach self-injected the potent drug, allegedly distilled from those patches, and died of combined drug toxicity causing respiratory depression.

When the 35-year-old consulted with Dr Jayasundara, his mother claims he had a history of back pain from a car accident in May 2012; opioid dependence; long-term intravenous drug use; depression, bipolar disorder, schizophrenia and post-traumatic stress disorder.

Ms Wilson’s County Court writ says Dr Jayasundara owed her son a duty to provide an appropriate standard of treatment with reasonable care and skill.

Ms Wilson claims her son requested a fentanyl prescription to treat his back pain. He had not previously seen Dr Jayasundara or been prescribed fentanyl by other GPs at the centre.

Ms Wilson alleges that given her son’s history and symptoms, reasonable medical practice required Dr Jayasundara to take a complete history of his back pain and use of medications.

Instead, Ms Wilson alleges the GP overlooked the notes of her son’s previous treating doctor recording his refusal to prescribe him opioid-based medications, such as fentanyl.

A County Court writ says Dr Jayasundara had a duty to provide an appropriate standard of treatment with reasonable care and skill. Picture: Thinkstock
A County Court writ says Dr Jayasundara had a duty to provide an appropriate standard of treatment with reasonable care and skill. Picture: Thinkstock

The writ claims Dr Jayasundara failed to:

TAKE a complete history of Mr Beach’s treatment to determine if he had previously requested narcotics or been refused prescriptions for such medications;

THOROUGHLY review his medical records or consider in detail all previous progress notes;

SEEK a second opinion from a pain specialist, spinal surgeon or rheumatologist to ensure opioid-based medication such as fentanyl was appropriate.

CONSIDER Mr Beach may be exhibiting drug seeking behaviour or contact the Prescription Shopping Information Service, to check if he met the criteria for its prescription shopping program, and Drugs and Poisons Regulation, to check if Mr Beach had a history of drug dependency.

Ms Wilson claims Dr Jayasundara should have delayed prescribing her son fentanyl until such checks were made.

If the she had contacted Drugs and Poisons Regulation, Ms Wilson alleges she would have learned her son was drug-dependant with a history of opioid replacement therapy.

Although an accidental overdose, Ms Wilson claims her son would not have died but for Dr Jayasundara’s negligence.

Given her close relationship with her son, Ms Wilson claims his premature death caused her ongoing psychiatric injury, loss and damage, including chronic adjustment disorder, with depressed and anxious mood and features of traumatisation, and complicated grief reaction.

Ms Wilson says she has been unable to work since her son’s death and is seeking special damages, including lost income and reduced future earnings capacity.

Dr Jayasundara, who now practises at another Wodonga clinic, failed to respond to the Sunday Herald Sun.

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peter.mickelburough@news.com.au

Original URL: https://www.heraldsun.com.au/news/law-order/gp-sued-for-drug-death-mum-blames-doctor-for-sons-fatal-overdose/news-story/42b4c8b258aba7d38bdfe32dc32ba503