Prevention of Future Deaths reports · 2013

Peter Jeffrey

Regulation 28 report to prevent future deaths, reference 2013-0313, written 27 Nov 2013. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report27 Nov 2013
Reference2013-0313
DeceasedPeter Jeffrey
CoronerJacqueline Devonish
Coroner areaEastern District of London
CategoryHospital Death (Clinical Procedures and medical management) related deaths
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.

ANNEX A

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1)

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:
1. Guys & St Thomas’NHS Foundation Trust (Inquest Office) Risk

Management and Legal Services Departments, 2” Floor, Tabard House,
Guy’s Hospital, Great Maze Pond, London, SE1 9RT

CORONER

| am Jacqueline Devonish, Assistant Coroner for the Eastern District of London.

~ | 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.
http:// .legislation.gov. i/2013/1629/ le

=

~ | INVESTIGATION and INQUEST

On 10 February 2013 | commenced an investigation into the death of Peter Jeffrey, then
aged 53. The investigation concluded at the end of the inquest on 25 November 2013.
The conclusion of the inquest was that the left foot ulcer was not tested and
consequently went untreated. The medical cause of death being:

1(a) Septicaemia

1(b) Fractured left ankle joint with abscess formation

1(c ) Infection with beta haemolytic streptococci

4 "CIRCUMSTANCES OF THE DEATH

Mr Jeffrey worked for the Ministry of Defence in Whitehall. His job involved being on his
feet for up to 8 hours a day.

In July 2012 he developed a swollen left leg and foot. Mr Jeffrey saw his GP who
prescribed 2 courses of antibiotics.

On 10 August 2012 his employers accompanied him to the A&E Department at Guys
and St. Thomas’ as he had been in pain and limping at work. He was referred to the
DVT team for a scan. As a precaution he was given Clexane injections. Blood tests
revealed a raised D-dimer and mild anaemia.

He returned to the hospital on 14 August when he was advised to go to his GP for
Clexane injections over the weekend and to return on the 17th for a scan.

On 17 August 2012 he returned to the hospital for an ultra sound scan which was
negative. The Doctor was unable to feel foot pulses in the left foot and noted the open
blister on the left side of the foot and speculated that the foot was the cause of infection
to the leg. Mr Jeffery was given further antibiotics for suspected Deep Vein Thrombosis.

On 10 February 2013 Mr Jeffrey collapsed at home and died from his condition.

——

5 | CORONER’S CONCERNS

During the course of the inquest the evidence revealed matters giving rise to concern. 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 MATTERS OF CONCERN are as follows. —

1. The scans did not reveal DVT and no alternative effective diagnosis or treatment
was considered.

2. No culture was taken for testing from the open blister which was full of pus.

3. No swab was taken.

4. No intravenous antibiotics were considered.

6 | ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you
[AND/OR your organisation] 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 21* January 2014. |, 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.

8 | COPIES and PUBLICATION

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

| 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.

k DATE] 5 Kbihidiac Boyd [SIGNED BY CORONER] wave i ’ |

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 Guys St Thomas NHS Foundation Trust (PDF)
Guy’s and St Thomas’

NHS Foundation Trust

Office of the Medical Director
Gassiot House

HM Coroner St Thomas’ Hospital
Walthamstow Coroners Court Westminster Bridge Road
Queens Road London SE1 7EH
Walthamstow

London

E17 8QP

By fax and Royal Mail

RECEIVE
22 JAN 2014

eee 20 January 2014

Dear Madam
Re Peter Jeffery dec'd — Regulation 28 report

We write in formal response to your letter of 27 November 2013 in this matter, enclosing a
report prepared by the Assistant Coroner, Jacqueline Devonish, pursuant to Regulation 28 of
the Coroners (Investigations) Regulations 2013. The letter followed the hearing of the inquest
in this case on 25 November 2013.

The Trust is always committed to improving patient care and to learning from incidents (and in
particular inquests), where aspects of care could have been delivered in a more effective
way. We have therefore reviewed our records for this case carefully.

We note that Mr Jeffery died on 10 February 2013, with a medical cause of death as:
1(a) Septicaemia;
1(b) Fractured left ankle joint with abscess formation;
1(c) Infection with beta haemolytic streptococci

The episodes of care provided to Mr Jeffery by Guys and St Thomas NHS Foundation Trust
ended on 17 August 2012. At the time of writing, and despite the inquest having taken place,
we remain unaware of the precise factual sequence for Mr Jeffery’s health and wellbeing for
the 6 months between August 2012 and his death in February 2013. In particular, it remains
unclear how and when he fractured his left ankle, when the associated abscess formed and
who may have treated him in that 6 months. We are satisfied that neither of those clinical
features were present in August 2012, on the basis of the evidence of those in this Trust who
examined Mr Jeffery at that time. The clinical features observed at that time are described
below.

1 of 4

In noting the above, we do not seek to re-open the facts of the inquest but to give some
context to our limited ability to respond to the concerns raised in the letter sent us by the
Assistant Coroner.

The Regulation 28 report raises 4 specific areas of concern, which we address in turn below:

1. The scans did not reveal DVT and no alternative effective diagnosis or treatment
was considered;

Response:

In accordance with the statement of I cates 16 October 2013, and the
medical records, the working diagnosis for Mr Jeffery was of a potential DVT, to explain
his swollen and painful lower leg. Scans were performed to exclude DVTs as a
potentially serious condition. Following the exclusion of that differential diagnosis, on

17 August 2012, the focus shifted to other potential causes and included consideration
of possible infection. The records indicate that Mr Jeffery had no fever and a general
examination proved normal. His left leg had pitting oedema and was warm and red. He
had poor foot care and grubby toes. Examination identified a scabbed blister on the sole
of his foot, which the Consultant Physician considered may have been the source of a
cellulitis below the left knee (i.e. an infection in the tissues beneath the skin).

Further investigations were performed that afternoon, via blood tests and an ultrasound
scan to exclude infection and pus collections in the deep tissues of Mr Jeffery's leg. This
revealed only fluid based swelling in the tissues. Blood results were not consistent with
the presence of an abscess.

The treatment put in place for a presumed cellulitis in the lower left leg was a 2 week
course of flucloxacillin antibiotics, with a recommendation that Mr Jeffery attended his
GP in 2 weeks and should be referred as an outpatient to the plastics team. A letter was
sent to Mr Jeffrey's GP to that effect.

On the basis of the above information, and despite being aware of the subsequent cause
of death 6 months after that intervention, we have been unable to identify what
alternative clinical approach might have been adopted for Mr Jeffery in August 2012.
The treatment followed the Trust's DVT protocol, with 2 negative scans followed by
referral to medics to review for alternative diagnoses. This took place on 17 August
2012, with a working diagnosis of cellulitis being given, and a 2 week course of
antibiotics, which would ordinarily be expected to deliver effective treatment.

In the event the condition did not resolve after the 2 week course of antibiotics, we agree
that IV antibiotics could have been considered, however at this stage Mr Jeffery’s would
have been under the care of his GP, and a referral to a suitable hospital to receive the IV
intervention, would have been necessary. Mr Jeffery was not seen at this trust after

17 August 2012.

2 0f4

Whilst not a particular feature of the Regulation 28 report, our own reflection in this case
identified that the intended referral to the plastics team - to address the scabbed blister
on the sole of Mr Jeffery’s foot - did not occur. We are taking steps to remind staff of the
importance of following through such plans, to ensure follow up appointments are put in
motion via referrals.

We are not intending to take any other particular action arising from the diagnostic
aspects of this case at this time, but remain happy to receive further information from
HM Assistant Coroner as to why this is a concern, if this course of action is not
considered to be acceptable.

No culture was taken for testing from the open blister which was full of pus.
Response:

Please see above for the primary detail. We agree that in the event of an ‘open blister’
being noted, which included pus or signs of infection, it would be appropriate to expect
the necessary organisms to be collected on a swab and then grown and tested in the
laboratory.

The contemporaneous records, and subsequent accounts for the coroner, note the
presence of a scab over a blister on the sole of Mr Jeffery’s foot. They do not indicate an
open blister nor evidence of pus. As such, in clinical respects there would have been
nothing to swab on 17 August 2012.

It is clear that open sores were present post mortem, 6 months later; however we remain
unaware of the point at which such abscesses developed. In addition, despite the careful
post mortem description of the location of the abscess within the fractured joint, and the
cracked areas on the deceased's heel, it remains entirely unclear to us whether the
scabbed blister on the sole of Mr Jeffery's foot noted on 17 August 2012 was the
infected area found post mortem.

We understand HM Assistant Coroner had access to a photograph of the abscess,
although it was unclear to Trust witnesses when the photograph was taken. The abscess
demonstrated by the photograph bore no resemblance to the condition of Mr Jeffery's
foot when under the care of this Trust.

No swab was taken.

Response:

Please see the response to issues 1 and 2 above. There was, on 17 August 2012 as
there was no open wound there was nothing to swab.

3 of 4

4. No intravenous antibiotics were considered.
Response:

Please see the response to issue 1 above. IV antibiotics would have been considered in
the event the cellulitis persisted after the 2 weeks course of oral antibiotics and if Mr
Jeffery had been referred back to this Trust's care (or re-presented via ED). As at

17 August 2012, based on a working diagnosis of cellulitis, oral antibiotics were
appropriate.

We are happy to remind those within our medical teams to remain aware to the options
around administration of antibiotics, to decide whether any given patient required oral or
IV antibiotics in any given situation. In other respects we are uncertain what further
action could be taken on this issue.

If an open abscess full of pus had been present in August 2012 and not investigated and
treated for Mr Jeffery, we would have no hesitation in identifying ways in which such
shortcomings ought to be fed back to the treating staff, and steps put in place to ensure
awareness of the appropriate care pathway.

We would of course welcome further dialogue with HM Assistant Coroner in this case, in the
event we have misunderstood the evidence that was before the court regarding the state of
Mr Jeffery's ankle in August 2012 (as opposed to the clear evidence of abscess formation and
fracture in the ankle joint contained in the Post Mortem report).

Finally, it is open to the recipient of Regulation 28 reports to make submissions as to the
publication of the reports and responses. Whilst we would ordinarily not seek to make such
submissions, we would question whether publication is justified in this case. This is on the
grounds that the factual basis on which the Regulation 28 report has been issued, remains, of
itself, a matter of some uncertainty.

Yours faithfully

Medical director

Signed electronically

40f4

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