Sarah HallAn out-of-hours doctor from Germany who gave a patient a fatal overdose of a painkiller has been struck off by the General Medical Council (GMC).Sarah Hall

An out-of-hours doctor from Germany who gave a patient a fatal overdose of a painkiller has been struck off by the General Medical Council (GMC).

Dr Daniel Ubani, 67, injected David Gray, of Manea, Cambridgeshire, with 10 times the recommended dosage of diamorphine on February 16 2008.

He was a locum doctor from Germany employed by Take Care Now (TCN) and he gave the overdose on his first shift with the company.

Yesterday, a panel from the General Medical Council (GMC) has ruled that Dr Ubani should be banned from ever practising medicine again in the UK.

He was given a suspended sentence in Germany for death by negligence but was still able to practise there as GMC powers do not extend to other countries.

Mr Gray, 70, was suffering from kidney stones and he died at his home just a few hours after he was given the drug. Dr Ubani, a specialist in cosmetic medicine based in Witten, Germany, admitted he had confused the morphine with another drug.

Speaking after the GMC's decision, Mr Gray's son, Stuart, who is a GP, said that he believed the panel could not have come to any other conclusion.

Health secretary Andrew Lansley said: 'I support the panel's verdict which ensures that Dr Ubani can never practise medicine in this country again.

'This was a tragic case resulting from a failing out-of-hours system and again I offer the Gray family my sincere condolences.

'I am working closely with the GMC to ensure that foreign healthcare professionals are not allowed to work in the NHS unless they have proven their competence and language skills.'

Dr Ubani did not attend the hearing in Manchester and cannot now be tried in a criminal court in Britain because of double jeopardy laws.

The family of Mr Gray has accepted �40,000 compensation but said that it would 'never replace his life'