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Daughter of woman killed by drug user sues DHB

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Calliope
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« on: March 02, 2009, 11:34:19 am »

The daughter of a woman killed by a driver under the influence of drugs five years ago is suing a South Island district health board over the death.

Mary Radley was killed at Koromiko, near Picton, on August 26, 2004 when her car collided head-on with a car driven by a man with methadone and the equivalent of 500mg of a tranquilliser in his system.

The driver, who has name suppression, was later sentenced to two years and seven months prison after admitting to driving under the influence of methadone and Triazolam and causing death.

At the time of the crash he was a patient on the methadone programme run by the Nelson Marlborough District Health Board (DHB).

Mrs Radley's daughter, Rachael Ford, told The Press she had decided to sue the DHB because she did not feel it had fully accepted the impacts of its actions.

Ms Ford said her claim would argue that under human rights legislation, the DHB breached its obligations to ensure public safety by its alleged lax management of the driver who killed Mrs Radley.


A coroner's court finding said the DHB had been aware the man was a risk on the roads, after failing four drug tests in the year before the crash.

- NZPA

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10559496
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Lovelee
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« Reply #1 on: March 02, 2009, 12:01:25 pm »

Ive got a feeling one like thi happened in Palmy a month or so back.
The cop had a driver who couldnt stay awake - he needed to get somewhere to get his methadone, but he had been using something else.  The cop let him out again - after the driver had told him he was incapable of driving.  And he was racing down the highway somewhere to get his methadone and lost control taking out an elderly man.
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Magoo
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« Reply #2 on: March 02, 2009, 12:07:00 pm »

Indeed a very tragic incident  but it would seem some money will make the daughter feel a lot better.     Roll Eyes

Quote  "Rachael Ford, told The Press she had decided to sue the DHB because she did not feel it had fully accepted the impacts of its actions.

"



Surely there are many situations where this could apply. 
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Shef
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« Reply #3 on: March 02, 2009, 07:06:05 pm »

Quote
Indeed a very tragic incident  but it would seem some money will make the daughter feel a lot better.     

Quote  "Rachael Ford, told The Press she had decided to sue the DHB because she did not feel it had fully accepted the impacts of its actions.


Where the hell do you get that she wants money!!!!! Sometimes people sue for an apology, sometimes just for them to admit they're in the wrong
Quote
the DHB had been aware the man was a risk on the roads, after failing four drug tests in the year before the crash.

Maybe she will donate the money to a road safety charity.

And even if she keeps it - SHE'S the one without a mother now. No doubt she contributed to the funeral!!
FFS, have you ever lost a family member due to a DHB's negligence - I haven't so I'm not going to put her down as I can't imagine how she is feeling.
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Calliope
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« Reply #4 on: March 02, 2009, 08:00:37 pm »

So someone on the methadone program drove and killed another person. Are you aware of the munber of people on the methadone program who drive. One only has to sit outside the pharmacy which supplies it to see how many there are.
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Magoo
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« Reply #5 on: March 03, 2009, 04:53:47 am »

Quote
Where the hell do you get that she wants money!!!!!  Sometimes people sue for an apology, sometimes just for them to admit they're in the wrong


I don't see where it says she is suing for an apology either...   and yes I have lost a family member due to negligence and I didn't sue anybody.    It was my mother and I paid for her funeral.      If somebody is left in a state requiring care, medication or help in anyway due to an accident of this nature I can understand someone suing for the cost of that care or some reparation.           
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Lovelee
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« Reply #6 on: March 03, 2009, 06:04:09 am »

So someone on the methadone program drove and killed another person. Are you aware of the munber of people on the methadone program who drive. One only has to sit outside the pharmacy which supplies it to see how many there are.

with methadone and the equivalent of 500mg of a tranquilliser in his system

If this is to be a concern, that is people driving on the meth program, we'd need to start being comcerned about those who are driving while on valium and codienne and such.
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Laughter is the best medicine, unless you've got a really nasty case of syphilis, in which case penicillin is your best bet.
Calliope
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« Reply #7 on: March 03, 2009, 07:14:18 am »

Frankly I don't see how the DHB can be held responsible. They are there to treat patients, not police their behaviour after they leave the hospital. There are many medications which carry a warning about driving (this medication may cause drowsiness). I also bet there are many business men and others out there who are on strong medications which when mixed with alcohol increase their risk on the roads.
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Magoo
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« Reply #8 on: March 03, 2009, 07:31:24 am »

I would think that cancelling the drivers licence of people on medication likely to impair their  ability would be a good option.     I doubt that some people would be concerned as to whether they had a licence or not but it would then place the onus directly on one set of shoulders if they were involved in an accident.     One would also have to ask if a hospital would adminster that cocktail and turn him loose  or did the driver have his methadone and then pop his own pills?     I am under the impression that the patient has to take the methadone at the clinic.       
This could also impact on doctors who prescribe a months tablets to patients at one time for them to dispense themselves.   Who monitors the use of them for the elderly or impaired who still have a drivers licence and or use alcohol?  
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