Prevention of Future Deaths reports · 2013

Luna Lesko

Regulation 28 report to prevent future deaths, reference 2013-0214, written 23 Aug 2013. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report23 Aug 2013
Reference2013-0214
DeceasedLuna Lesko
CoronerAndrew Harris
Coroner areaLondon Inner (South)
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedLewisham and Greenwich NHS Trust · South London Healthcare NHS Trust
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1)
NOTE: This form is to be used after an inquest.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

1. Mr Tim Higginson, Chief Executive, University Hospital Lewisham

2. a Managing Director, NHS Lewisham Commissioning
roup

CORONER

lam Andrew Harris, Senior Coroner, London Inner South

2 | CORONER’S LEGAL POWERS

| make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009
and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013.

INVESTIGATION and INQUEST

On 14" April 2011, an inquest was opened into the death of Luna Lesko, aged 26 days.
The inquest concluded at Southwark Coroner’s Court on 16° August 2013. The
conclusion of the inquest was a narrative (see section 4 below).

CIRCUMSTANCES OF THE DEATH

Baby Luna Lesko died at University Lewisham Hospital at 16.40 on 20th March 2011,
after discontinuing intensive care, due to unsurvivable brain damage. Her mother was
41+4 weeks pregnant on 22nd February, became fully dilated at 14.30, with meconium
liquor at 15.30. Syntocinon was begun at 19.00, increased at 19.48 and stopped at
20.20 as failure to progress with OP position. CTG remained normal. The baby was
delivered by LSCS at 21.45 with Apgar 9 and normal blood gases.

She was put to the breast at 22.30 until 22.49. The paediatric doctor attending birth
asked for meconium observations to be done as per Trust Protocol. Although there were
records of two readings of pulse, resps and temperature, it was concluded that the full
range of observations were not done by the attending midwife, in particular at around
23.15, when the baby was lying wrapped on the mother’s chest. It was found that neither
the prenatal events nor breast feeding contributed to death. Contributory causes were
the position of the baby since there was at some time an occlusion of the airway and the
failure to perform the required observations, in particular observation of skin colour. This
failure amounted to neglect.

She was found collapsed with no respirations, pale and floppy at about 23.28, was
resuscitated, required intubation and ventilation after 7 minutes and was transferred to
NICU. There was a prolonged period of hypoxia from before she was found until
intubation and persistent acidosis after, this being found to be a further contributory
cause of the death. The resuscitation did not contribute to death. She had extensive
investigations and treatments for all possible causes. The cause of the collapse was not
found.

5

CORONER’S CONCERNS

During the course of the inquest the evidence revealed a matter giving rise to concern,
namely the limited access to theatres for mothers requiring lower segment Caesarean
section (LSCS) out of hours. Whilst in this inquest this did not contribute to death, in my
opinion there is a risk that future deaths will occur unless action is taken. In the
circumstances it is my statutory duty to report to you.

The MATTER OF CONCERN can be described as follows. —

(1) There was a delay in securing a cardiotocograph (CTG) which she needed after she
had meconium liquor at 530, ls in the birthing suite and needed to access
a labour ward room to have this foetal monitoring. The delay was due to the labour suite
being very busy, but she was transferred and monitoring began at 17.02. | accepted
expert evidence that what was best in the local context was not to site a CTG machine in
the birthing centre, but to ensure access to the labour ward. Evidence was given that
there is now another labour room. Whilst | did not conclude that there was now a risk to
future babies from this arrangement, it establishes an on going increased capacity of the
labour ward, which is relevant to the concern below.

(2) LSCS was required to deliver the baby, due to lack of progression despite
augmentation, adverse position and prolonged rupture of membranes with meconium.
The decision was taken at 20.00 hours, but delivery was not possible until 21.40 hours,
as theatres were busy. This delay of 1 hour 40 minutes for a category 2 section was 40
minutes outside the Trust’s own guidelines.

(3) The consultant obstetrician reported that this delay, which occurred out of hours, ina
unit with over 4000 births per year was unacceptable. It worsens the potential impact,
carrying a higher risk of brain damage or death of babies, if there were several
emergencies at one time. Staff were reluctant to use the second out of hours (non
obstetric) theatre as they cannot then respond to a category 1 emergency. My expert
obstetric vines: a or Kings College Hospital, gave an opinion that the out
of hours theatre access created a real risk of preventable death, especially with the
increasing rate of performing LSCSs. He advised me that | should be concerned and
bring the matter to the attention of the Trust.

(4) Whilst the Head of Midwifery reported management changes and compliance with
CNST assessment, she did not provide assurance that the theatre capacity had been
increased out of hours. Furthermore it was reported that the Trust is shortly to be
disbanded and a new Trust is being formed by merger with another. This may lead to
service configuration changes. She reported that the future obstetric services were
under review.

(5) | concluded that a real risk existed that | should report to the Trust and the
commissioning body, to ensure that it was fully appreciated and given appropriate
priority in the service reconfiguration planning.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe your
organization(s) have the power to take such action.

7

| YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 47" of October 2013. I, the coroner, may extend the period.

Your response must contain details of action taken or proposed to be taken, setting out
the timetable for action. Otherwise you must explain why no action is proposed.

[® COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following Interested
Persons and legal representatives:

next of kin
Leigh Day & Co, solicitor for family
Bevan Brittan, solicitor for Trust

| have also sent it to the following, who may find it useful or of interest:

consultant obstetrician, Kings College Hospital.

consultant obstetrician, University Hospital Lewisham

lead of Midwifery, University Hospital, Lewisham

Director of Clinical Quality, The Royal College of Obstetricians and
Gynaecologists

Rt. Hon Jeremy Hunt, Secretary of State for Health

| am also under a duty to send the Chief Coroner a copy of your response.

The Chief Coroner may publish either or both in a complete or redacted or summary
form. He may send a copy of this report to any person who he believes may find it useful
or of interest. You may make representations to me, the coroner, at the time of your
response, about the release or the publication of your response by the Chief Coroner.

[DATE] [SIGNED BY CORO

28d Anguat 2013

Responses

1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Lewisham Greenwich NHS Trust (PDF)
Lewisham and Greenwich NHS

NHS Trust

University Hospital Lewisham
Lewisham High Street

Tim Higginson

Chief Executive London
SE13 6LH
Tel: 020 8333 3000
Fax: 020 8333 3333
Web: www.lewishamandgreenwich.nhs.uk
17" October 2013

Dr Andrew Harris

HM Coroner

Southwark Coroners Court
1 Tennis Street
Southwark

London SE1 1YD

Dear Dr Harris

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
Baby Luna Lesko, dod; 22" February 2011, Case number: 00787/11

| am writing in response to your report dated 23 August 2013, and referenced above.
As the report was sent to both Lewisham Healthcare Trust (LHT) and NHS
Lewisham’s Clinical Commissioning Group (CCG) my reply is on behalf of both
organisations. LHT acknowledge the concern raised about limited access to theatres
for mothers requiring lower segment Caesarean section out of hours.

The maternity unit at University Hospital Lewisham (UHL) provides a 24 hour service
for safe delivery of women in labour. There is also day time provision for planned
(elective) delivery and other obstetric procedures. Our unit is a busy maternity unit
with delivery of 4129 births in 2012 including 895 in the midwifery led Birth Centre. In
2011 the UHL maternity unit had a total of 3955 births.

Lewisham is one of the few remaining matemity units that has a fully equipped and
staffed obstetric theatre located on labour ward, that operates only during normal
working hours (08:00 — 17:00 Monday to Friday). This is replaced by a fully staffed
theatre in the main theatre unit located very near to the labour ward, outside these
hours. This dedicated emergency theatre is kept free at all times for emergency
deliveries, and if an emergency takes place, a second out of hours general theatre is
kept free from general activity until the obstetric theatre is vacated.

The issues raised in your report focused on the unit's ability to cope with multiple
emergency Caesarean sections at the same time. The Royal College of
Obstetricians and Gynaecologists advise that maternity units with a birth rate above
4000 births require two operating theatres. The main points about emergency
provisions centre on the availability of theatre space, obstetric team, anaesthetic
team and theatre staff (nurses and operating department practitioners). | will address
these in turn.

The College recommends that an operating theatre dedicated for obstetrics should
be close to the labour ward, or preferably within it. Lewisham’s obstetricians have
requested that the obstetric theatre located on labour ward be changed from being
primarily used for elective Caesarean sections to being the emergency obstetric
theatre 24 hours a day. We have reviewed whether there are any reasons why this
cannot be the case and propose to implement the change by the end of March 2014.
As mentioned above, the obstetric team already has access to a second theatre out
of hours and at weekends. In addition, we are assessing whether access to a
second theatre can also be provided during normal working hours whilst at the same
time minimising the impact on the Trust’s other surgical activity and clinical priorities.
This includes reviewing current theatre utilisation by the whole of the Women’s
Division.

With the introduction of middle grade obstetricians to the obstetric rota from 2012,
there has been and continues to be adequate cover by the obstetricians to perform
multiple emergency caesarean sections 24 hours a day if required. The same
applies to the anaesthetic team with the introduction of middle grade anaesthetic
cover. This allows a Specialist Registrar for anaesthetics to be fully available for an
obstetric emergency and a middle grade anaesthetist to be available in case of
multiple emergency caesarean sections. In addition to these, there are two
consultant anaesthetists on call with one available to cover if required.

An additional theatre team would be required to ensure that two emergency theatres
were guaranteed for the maternity unit. This would include an Operating Department
Practitioner and nursing staff. The Women’s and Surgery Clinical Divisions are
developing a business case for this additional resource, which will be reviewed at
Executive Director level within the Trust and discussed with Lewisham CCG. The
timescale for this is 3 to 6 months.

The maternity unit currently has an elective Caesarean section list once a week
during normal working hours, which is scheduled in main theatres. Our plan is to
increase this to three times a week within the main theatre unit by the end of January
2014, as this would release the obstetric unit theatre for emergencies. Theatre
allocation has already been identified and planning of additional staffing resource is
underway. The additional elective lists in main theatres would also enable midwives
and on call doctors to be freed up to focus on labouring women. At present, elective
procedures sometimes have to be cancelled to make way for emergency cases; the
former may then become urgent or emergency situations requiring out of hours
theatre time.

As you may be aware Lewisham Healthcare NHS Trust formally merged with Queen
Elizabeth Hospital on 1** October 2013 forming Lewisham and Greenwich NHS
Trust. Although service configurations have been proposed by the Trust Special
Administrator for the former South London Healthcare NHS Trust, those proposed
changes are still under the judicial review process. Any potential time line resulting
from the conclusion of that review will not have a bearing on the actions to be
undertaken by the Trust in relation to your report. In any new service configuration
we will endeavour to ensure that the theatre capacity of our maternity units are
designated and configured bearing in mind the advice of the Royal College of
Obstetricians and Gynaecologists.

Going forward, the delivery of the above actions will be monitored via the Clinical
Quality and Risk Group chaired by i Nurse Director at Lewisham CCG.

| wish to assure you that my team and | take this risk very seriously and will ensure
that the actions outlined above are taken in the hope that this may reduce the risk of
future deaths, although this risk was not a contributory factor to the outcome in the
case that prompted your notice to me. Should you have any questions in regard to
any of the actions taken or require any further information please do not hesitate to
contact me.

Yours sincerely

Tim Higginson
Chief Executive

Cc: HE Managing Director,
Lewisham Clinical Commissioning Group

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