LEGAL experts have advised a Bolton mum not to pursue a claim for damages following her drug addict son's death.
Michael Stocks, 20, of Sycamore Walk, Horwich, died in November 1996 after staff at the Royal Bolton Hospital mistakenly gave him an extra dose of the heroin substitute methadone.
Last June a coroner returned a verdict of misadventure at the inquest into Michael's death.
His mum Lilian Ramsden vowed to take legal action against Bolton Hospitals NHS Trust, claiming the verdict should have been "unlawful killing".
But Mrs Ramsden, 40, says she was horrified to receive a letter this week from her solicitors, advising her that she is not entitled to pursue her claim for damages.
She has been told Michael's death does not constitute the legal meaning of "loss" and so she should end her fight.
The distraught mum says she has taken two overdoses following Michael's death as she tries to cope with her grief.
She sobbed: "I'm mad inside about it all. I cried all the time I was reading the letter. I couldn't believe what was being said.
"I'm not bothered about the compensation - I just want some justice."
The legal advice says that because Michael was over the age of 18 at the time of his death, Mrs Ramsden is not entitled to damages for bereavement. It would also be impossible to prove that she was dependent on her son.
Her Counsel's written advice stated: "I fully appreciate the feelings which Mrs Ramsden has in this case. However, I cannot suggest that there has been any 'loss' within the legal meaning of that word which would support a claim for damages."
Mrs Ramsden now plans to meet her solicitors to discuss any future action she may take.
She added: "I'm not bothered about any money. All I want is something to be done about the hospital. Michael would still have been here with me if it hadn't been for them but now he's gone.
"I am going to fight it all the way because I have been battling for 18 months now and that would be all wasted. I want justice to be done."
Converted for the new archive on 14 July 2000. Some images and formatting may have been lost in the conversion.
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