Enough evidence to charge for 450 over-prescribed opiate deaths

In June 2018, an inquiry found that more than 450 patients died after being given “dangerous” levels of drugs. Dr Jane Barton, who was at the centre of the scandal, has faced calls for criminal charges after the inquiry blamed her for prescribing opioid painkillers to elderly patients.

Hampshire Constabulary previously investigated the hospital three times. Dr Barton was found guilty of serious professional misconduct in 2010 however, no criminal charges have ever been brought. Assistant Chief Constable Steve Watts, who led an investigation, believes that there is now “strong” evidence to bring criminal charges and that there is an “overriding public interest” in taking the case to court.

During the investigations, the Crown Prosecution Service (CPS) previously considered possible charges of manslaughter and murder in relation to Dr Barton and other nurses who had administered the drugs however, prosecutors decided that there was not a reasonable chance of securing convictions.

The case has now been handed over to Kent and Essex Police who are now investigating the evidence to decide if a fourth police investigation is necessary.

Nurses working inside the hospital told police that they believed diamorphine, delivered continuously to patients by a syringe driver did shorten patients’ lives. Evidence suggested that most of the patients were on drivers even when they were not in pain.

Dr Barton has previously defended herself explaining that she had to work under “unreasonable pressure” with an “excessive and increasing burden” in caring for patients.

Chantae Clark, Paralegal in the Medical Negligence team at Ashtons Legal comments: “This is an inexcusable failure which had catastrophic consequences. These patients were elderly and sick but they had every hope of recovery – a chance that was taken from them. Sadly, this case highlights that one of the greatest threats to patient safety is NHS understaffing. It is to be seen whether Kent and Essex Police will now seek to bring criminal charges. We would hope that the evidence in relation to this case is carefully re-examined to ensure that appropriate action is taken to bring justice to the families that have been affected.”