The matron of St Austell Nursing Home failed to provide pain relief to a dying man

A nursing home matron failed to relieve a dying man’s pain and refused to call an ambulance despite repeated requests to do so. Janice Powell, 68, of Retallick Meadows, St Austell, narrowly avoided a prison sentence when she appeared at Truro Crown Court today (Friday June 14) for sentencing after pleading guilty to one charge of willful neglect in respect of John Orchard, one of the residents under her care.

The court heard that between February 21 and 26, 2019, Powell was a highly experienced nurse employed at a nursing home in the city. But it was heard that as Mr Orchard’s health deteriorated that weekend, Powell did not administer pain relief despite his wife’s growing concerns, nor did he call an ambulance for him – ignoring pleas from others to do this.

This action was only taken the next day when another nurse started her shift. The court heard Mr Orchard was eventually taken to the Royal Cornwall Hospital in Treliske, where he later died.

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Heather Hope, prosecuting, said that while there was no link between Powell’s actions and Orchard’s death, her failure to act was a serious failure on her part as a care professional and caused Mr Orchard to suffer needlessly for at least 24 hours – something Judge Simon Carr said would have “seemed like a lifetime” to Orchard’s wife, who was sharing a room with him at the time.

Ms Hope said Ms Orchard reported her husband was complaining of pain and asked for paracetamol and other relief. She said Ms Orchard also asked for her husband to be taken to the emergency department because she believed his health was rapidly declining.

However, the court was told Powell said there was no need to call an ambulance. Ms Hope told the court that during the day, while Powell was on duty, other staff at the care home also reported seeing Mr Orchard slumped in his chair, gray in color and looking very pale and ill.

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When Ms Orchard and other staff believed Mr Orchard’s condition had deteriorated further, an ambulance was eventually called so he could be given oxygen. Powell was interviewed by police after Mr Orchard’s death in hospital and said in her interview that much of Mr Orchard’s care was provided by his wife as she was very involved.

She also said she thought the pain he suffered in his side was from a previous seat belt injury during a past car accident and had nothing to do with the esophagus problems he was suffering from increasingly more. Daniel Pawson-Pounds, defending, insisted Powell’s actions did not cause Mr Orchard’s death and had to be seen in a professional context.

He said none of her actions were malicious and that Powell had been a woman of positive character all her life, adding that it was a “momentary lapse of judgment”. He said the incident and the time it took for the case to reach court had a serious impact on her mental health.

Sentencing Powell to 12 months in prison suspended for two years, Judge Carr said the case highlighted “atrocious record-keeping at the nursing home”, adding: “You were a highly experienced nurse employed as a matron in a practical role with medical care for the most vulnerable people in society – the elderly.

“It is clear that Mr Orchard was very ill that Sunday. Others, including Mr Orchard’s wife, were calling for him to be taken to hospital as his condition worsened. Your failure to follow this is why you are here.

“The 24 hours that Mr Orchard did not receive the care he should have received, including the pain medication and end-of-life care that the hospital would have provided, must have felt like a lifetime to his wife . Other nurses realized this was a serious situation and an ambulance was called.

“You showed real remorse for your failures that day. You are a person of impeccable and good character. You have dedicated your life to others. Your mental health has suffered. But people in society, families, put their loved ones in care homes, so they are safe Mr Orchard was very disappointed on this occasion.”