Carer who gave wrong drugs to man who died sentenced

Maisie Lillywhite,Gloucestershireand
Steve Knibbs,in Gloucester Crown Court
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Jane Barnard was cleared of manslaughter by a jury in December, but admitted wilful neglect

A carer has been sentenced after she wrongly administered morphine to a care home resident who later died.

Jane Barnard, 67, gave 90g of another patient's slow-release morphine to Derek Davies, 75, while working at Wheatridge Court Nursing Home in Abbeydale, Gloucester, on 6 September 2021.

Barnard, who had worked at the care home for 32 years, later called 999 after Davies became unwell but did not tell paramedics or colleagues what she had done.

She was cleared of manslaughter by a jury but had admitted a charge of wilful neglect in December and was sentenced to 100 days of unpaid work at Gloucester Crown Court earlier.

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

The jury heard that while she was not involved in the storing of the medication, Barnard had failed to make the correct checks and follow procedure before administering the drug.

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Derek Davies died two days after being given morphine by Jane Barnard

She later took the drugs to Davies, the wrong resident, who was sitting in a communal area at the time.

When Barnard realised her mistake, she disposed of Davies' correct medication and told the resident who needed the morphine it had been dropped down the sink.

She later called 999 and requested an ambulance after Davies became unwell.

While the doctor queried Davies' pinpoint pupils and laboured breathing, signs of opioid use, Barnard failed to tell him of her error.

Davies died two days later and the jury was told his death was a consequence of morphine toxicity.

At Gloucester Crown Court on Monday, Mr Justice Butcher said Barnard had been described as the "most caring person on the staff" at the home and had shown 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," he said.

He told Barnard: "I accept you didn't intend to harm Mr Davies and your conduct was borne from panic."

In a statement following the trial, Davies' family said the past four years had been "extremely upsetting" and they had been left in a "permanent state of torment".

"This has affected the way we remember Dad and his life, as well as our ability to grieve, which has all been clouded by the criminal investigation."

"Going through this has been traumatic for everyone involved – our dad and family, as well as the defendant and her family – there are no winners here," they added.

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Det Ch Insp Pegler said Davies' family had "mixed feelings" following the sentencing

Det Ch Insp Richard Pegler, from Gloucestershire Police said Barnard previously had an "unblemished record" which changed because of her actions, causing the police to seek prosecution.

He added the "biggest thing" Davies' family wanted to happen was "that Gloucestershire's care provisions learn from this and... the same mistakes aren't made".

Pegler added he and Davies' family had "mixed feelings" about the outcome, but said he hoped the sentencing brought them closure.

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