Carer who accidentally gave morphine to resident who died is spared jail
A care home worker who gave the wrong medication to a resident who later died has been spared jail.
Jane Barnard, 67, admitted that she deliberately neglected Derek Davies, 75, who lived in the care home where she worked and died on September 8, 2021.
Mr Davies died after Barnard mistakenly gave another patient, Jason Dodsworth, prescribed medication, including 90mg of slow-release morphine.
Barnard, of Longlevens, Gloucester, denied killing Mr Davies and following a trial at Gloucester Crown Court the jury found him not guilty of manslaughter.
He had previously admitted the second charge of willfully neglecting Mr Davies between September 5 and September 9 by failing to disclose that he had accidentally administered morphine.
He was spared a prison sentence and sentenced to 100 hours of unpaid work at Gloucester Crown Court on Monday.
His Honor Judge Butcher said he had heard evidence of Barnard’s good character, including being described as “the most caring person on staff” at the home, and said it was unlikely Barnard would reoffend.
He added: “I have no doubt about your genuine remorse.
“You have already been victimized for your mistake. You have been suspended from your job and you will never return to that job again.”
Barnard was working as a maintenance worker at Wheatridge Court in Abbeydale, Gloucester, where Mr Davies was based when he died.
The hearing heard that morphine, a controlled drug, was stored in the wrong place when it was taken by Barnard.
Controlled medications in the care home had to be locked in a designated room and administered with only two staff members present.
But Mr Dodsworth’s morphine had been stored incorrectly in the bathroom cupboard.
Although Barnard was not involved in the storage of the drug, the court heard he did not make the correct checks and follow procedure before administering the controlled drug.
More importantly, he also took the drugs to the wrong resident, Mr Davies, who was sitting in the common area of the house on the morning of 6 September.
When he soon realized his mistake, he threw away the medication that Mr Davies was supposed to take and pretended to drop the medication that he was supposed to give to Mr Dodsworth into the sink.
Barnard said he was in a “situation” and could not tell colleagues or medical professionals what he had done, even after Mr Davies fell ill and was hospitalised.
Two days after the incident, on September 8, Barnard called the home’s assistant manager, Kim Jones, to tell her he had given Mr Davies the wrong medication.
When the care home contacted the hospital it was confirmed that Mr Davies had died that morning.
The actual cause of death was documented as a brainstem stroke, but it later became clear that Mr Davies’ actual cause of death was a result of morphine toxicity.
At the time of the incident, Barnard had been working as a maintenance worker at Wheatridge Court for 32 years.
Mr Justice Kasap said: “You continued not to mention the mistake you made, which you knew was serious.
“He went beyond saying nothing.
“However, I accept that you did not intend to harm Mr Davies.”
