Prevention of Future Deaths reports · 2013

Kate Louise Pierce

Regulation 28 report to prevent future deaths, reference 2013-0363, written 20 Dec 2013. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report20 Dec 2013
Reference2013-0363
DeceasedKate Louise Pierce
CoronerJohn Gittins
Coroner areaNorth Wales (East & Central)
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.

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT !S BEING SENT TO:

1. General Medical Council Regent’s Place, 350 Euston Road, London NW1
3JN

1 CORONER

1am JOHN GITTINS, senior coroner for the coroner area of North wales (East and
Central)

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.

3. | INVESTIGATION

On the 9" of May 2013 | commenced an investigation into the death of KATE LOUISE
PIERCE, Aged 7. The investigation has not yet concluded and the inquest has not yet
been heard.

4 | CIRCUMSTANCES OF THE DEATH
The deceased is Kate Louise PIERCE (d.o.b. 29/06/2005). Although the matters in
question took place on or around the 29" March 2006, Kate eventually died on the
14/03/2013 aged 7 years.

No post-mortem examination has been held and Kate’s body has been cremated. The
cause of death as per Kate’s death certificate is;

Acquired Cerebral Palsy, epilepsy and chronic lung disease complications following
Meningitis’

5 | CORONER’S CONCERNS

During the course of the investigation my inquiries 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. —

On the 29" of March 2006 Kate was taken into the Wrexham Maelor Hospital where she
was examined by a Dr . It appears
from the evidence available that he failed to deal correctly with the diagnosis of Kate's
condition and furthermore there is a belief that he may have misled the parents of Kate
by indicating that he had sought a second opinion from a colleague before discharging
her when this was not in fact the case.

| understand that enquiries were made previously by the GMC following a complaint
against Dr [I but that no action has been taken due to legal action by the Dr

in view of the elapse of a relevant time limit.

In the course of my current investigation following Kate’s death, a statement has been
obtained from a witness namely DAE and _a copy of this is annexed hereto.
My view is that this statement casts doubt on aa fitness to practice and
this is of grave concern as my understanding is that he currently continues to practice as
a GP within my Coroner Area.

In view of this | consider that there is a risk of future deaths.

ACTION SHOULD BE TAKEN

In my opinion urgent action should be taken to prevent future deaths and | believe your
organisation has the power to take such action.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 14" of February 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.

COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following Interested
Persons, the parents of Kate Pierce and to the LOCAL SAFEGUARDING BOARD. |
have also sent it to DC! IE of Cheshire Police who may find it useful or of
interest.

lam 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 CORONER
PATE] 2012. 1% I If GA.

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 General Medical Council (PDF)
4 February 2014 General

Our ref: E1-DHFKTI Medical
Council

John Gittins 3 Hardman Street

Senior Coroner for North Wales (East and Central) oor

H.M. Coroner’s Office atari “do e sa

acsimile:
County Hall Email: gmc@gmc-uk.org
eee www.gmc-uk.org
uthin
LL15 1YN

Dear Mr Gittins
Re: Investigation touching upon the death of Kate Pierce

Thank you for your letter of 20 December 2013 enclosing your Report to Prevent Future

Deaths. I am responding as the officer responsible for the Council's fitness to practise
work.

We have carefully considered your report and in particular, the matters of concern set out
in your report. We are aware of Dr J and his involvement in Kate Pierce’ care,
as this matter was initially brought to our attention on 27 April 2012. We made
preliminary enquiries of the Betsi Cadwalader University Health Board and subsequently
received a formal complaint from Mr pn 12 July 2012.

We considered the complaint by Mri in accordance with our statutory framework and
initially decided to investigate the case although the events at that time were more than
five years old. Our statutory rules preclude us from investigating events that are more

than five years old unless it is in the public interest in the exceptional circumstances to do
So.

We were challenged by o i, way of Judicial Review about our decision to
investigate the case even though the events were over five years old. Having taken
advice from Counsel we decided to concede the Judicial Review and close our
investigation.

With regard to or i audit, we received and considered a copy of this audit in late
2012. It relates to i practice in 2007 and so was subject to the five year
rule. We considered whether to waive the rule and concluded that the concerns raised did
not satisfy the criteria for us to waive the rule and no further action was taken.

In terms of ii current fitness to practise, we have not received any further
complaints about Dr HEE since 2007. Additionally, as part of the process of
revalidation of a doctor’s licence to practise, doctors must have a Responsible Officer
whose statutory duties include reporting concerns to us, if they call into question a
doctor’s current fitness to practise. Our Employer Liaison Advisor who is a senior member

The GMC is a charity registered in : Regulating doctors
England and Wales (1089278) and Scotland (SCO37750) Ensuring good medical practice

of staff working in the region has met regularly with or Responsible Officer
who has expressed no concerns about his current practice.

All registered doctors are also now required to revalidate their registration in order to keep
their licence to practise. Once every five years, the doctor's Responsible Officer will make
a recommendation to us as to whether a doctor should be revalidated and keep their
licence to practise. Revalidation is aimed at supporting doctors in maintaining high

standards, and will also help in identifying any concerns early on so that suitable action
can be taken.

I hope I have explained why no action by us in this case is proposed and more importantly
I have been able to address your concerns about as I would be happy to
take your call on this if you feel it would assist.

Yours sincerely

Director
Fitness to Practise Directorate

Related reports

Other reports by John Gittins

See all →

More reports categorised “Hospital Death (Clinical Procedures and medical management) related deaths”

See all →

Track Hospital Death (Clinical Procedures and medical management) related deaths

See every Prevention of Future Deaths report matching Hospital Death (Clinical Procedures and medical management) related deaths, and how often a new one appears.

What would an alert for this have sent me? Search the full text

Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.

These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.