Care home worker who gave wrong medication to resident who later died spared jail

Jane Barnard, 67, admitted wilful neglect of Derek Davies, 75, who lived at Wheatridge Court Nursing Home in Gloucester where she was employed and died on September 8 2021.

Mr Davies died after Barnard mistakenly gave him medication prescribed for another patient, Jason Dodsworth, including 90mg of slow-release morphine.

Barnard, of Longlevens, Gloucester, denied killing Mr Davies and, following a trial at Gloucester Crown Court, a jury found her not guilty of manslaughter.

She had previously pleaded guilty to a second charge that she wilfully neglected Mr Davies between September 5 and September 9 that year by failing to disclose she had wrongfully administered morphine.

At Gloucester Crown Court on Monday, she was spared a custodial sentence and ordered to carry out 100 hours of unpaid work.

Mr Justice Butcher said he had heard evidence of Barnard's good character, including being described as the "most caring person on the staff" at the home, and said it was unlikely she would reoffend.

He added: "I have no doubt as to your genuine remorse.

"You have already suffered in respect of your mistake. You have been suspended from your work and won't return to that work."

The trial heard the morphine, a controlled drug, had been stored in the wrong place when it was retrieved by Barnard.

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The controlled drugs at the care home were meant to be locked away in a designated room, and only administered with two members of staff present.

However, Mr Dodsworth's morphine had been incorrectly stored in his bathroom cabinet.

While Barnard was not involved in storing the medication, the court heard she had failed to make the correct checks and follow procedure before administering the controlled drug.

Crucially, she also took the drugs to the wrong resident, Mr Davies, who had been sitting in a communal area of the home on the morning of September 6.

Having soon realised her mistake, she disposed of the drugs Mr Davies should have received and pretended the medication she did give him, intended for Mr Dodsworth, had been dropped down the sink.

Barnard said she was in a "state" and could not bring herself to tell colleagues or medical professionals what she had done, even after Mr Davies fell ill and was taken to hospital.

On September 8, two days after the incident, Barnard rang Kim Jones, deputy manager of the home, to tell her she had given Mr Davies the wrong medication.

When the care home contacted the hospital, it was confirmed Mr Davies had died that morning.

The original cause of death was documented as a brainstem stroke, but it was later understood Mr Davies' actual cause of death was a consequence of morphine toxicity.

At the time of the incident, Barnard had been employed as a care worker at Wheatridge Court for 32 years.

Mr Justice Butcher said: "You continued to fail to mention the mistake you had made and which you knew was a serious one.

"It went further than simply not saying anything.

"I accept, however, that you did not intend to harm Mr Davies."