Care home loses bid to reduce 拢100,000 fine over resident's death
- Published
St David's Care previously expressed "significant remorse" over the incident
A private care home firm has lost a bid to reduce a 拢100,000 fine imposed on it after a resident froze to death after leaving its property unnoticed.
Georgina Norrie, 85, left through a fire exit which locked behind her and was later found in a thin nightdress.
St David's Care in Forfar was fined after admitting failing to ensure people were not exposed to risk.
Judges at the Court of Appeal in Edinburgh said they were not persuaded that the fine was excessive.
A court heard previously that the home's fire exit door alarm was switched off and a motion sensor in Miss Norrie's room was covered with tape.
Miss Norrie was in her room when staff carried out a check at 02:00, but was not there during a subsequent check at 06:10.
When she could not be found in the building, checks were made outside.
Pronounced dead
Miss Norrie was discovered lying on her back near the entrance to the door. She was conscious and breathing, but was only wearing nightwear.
The staff initially tried CPR but stopped when they realised her notes had a "do not attempt CPR" certificate.
Paramedics pronounced Miss Norrie dead.
The firm lodged a legal challenge against the sentence imposed upon it.
Lord Pentland, who heard the appeal with Lady Wise, said they would give a full written decision on the case later.
The judge said the failure to properly assess risk had led directly to the death of a "highly vulnerable person".