Care Home Worker’s Medication Error Leads to Resident’s Death but Avoids Prison

Jane Barnard, 67, a care home worker in Gloucester, has been spared jail after accidentally administering the wrong medication to a resident, Derek Davies, 75, who later died. Barnard admitted to wilful neglect but was found not guilty of manslaughter by a jury at Gloucester Crown Court.

Mr Davies passed away on September 8, 2021, after Barnard mistakenly gave him 90mg of slow-release morphine prescribed for another resident, Jason Dodsworth. The court heard that morphine, a controlled drug, had been improperly stored in the wrong location, leading to the error.

Barnard, employed at Wheatridge Court care home for 32 years, failed to follow proper procedures requiring double-checks and staff presence before administering controlled medications. Upon realizing the mistake, she disposed of Mr Davies’ intended medication and falsely claimed the incorrect morphine was discarded down the sink. She then delayed informing colleagues or medical staff about the error, even after Mr Davies fell ill and was hospitalized.

Two days later, Barnard confessed the mistake to the deputy manager. The initial death certificate cited a brainstem stroke as the cause of death, but further investigation revealed that morphine toxicity led to Mr Davies’ passing.

Judge Butcher acknowledged Barnard’s remorse and good character, noting testimonies describing her as the “most caring person on the staff.” Considering these factors and the absence of intent to harm, Barnard received 100 hours of unpaid work instead of a custodial sentence. The judge emphasized the seriousness of the error and Barnard’s failure to promptly report it, yet accepted that no harm was intended.

Barnard has since been suspended from her care role and is unlikely to return to such work.