Prevention of Future Deaths reports · 2013

Cynthia Fretwell

Regulation 28 report to prevent future deaths, reference 2013-0366, written 16 Dec 2013. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report16 Dec 2013
Reference2013-0366
DeceasedCynthia Fretwell
CoronerJane Gillespie
Coroner areaNottinghamshire
CategoryCommunity health care and emergency services 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 (1)

| REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
\
THIS REPORT IS BEING SENT TO:

1. The Hama Medical Centre
| 2. RRR paughter of Cynthia Fretwell
3. Dr Area Medical Director — NHS Commissioning Board
Derbyshire and Nottinghamshire
5. Ministry of Justice
6. Chief Coroner
7. Mr Derek Winter, HM Coroner for Sunderland (for record-keeping
| purposes)

| CORONER

| am Jane Gillespie, Assistant Coroner, for the coroner area of Nottinghamshire.

CORONER’S LEGAL POWERS

| make this report pursuant to 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 16" October 2013, | commenced an investigation into the death of Cynthia Fretwell,
aged 84. The investigation concluded at the end of the inquest on 12"" November 2013.
The conclusion of the inquest was:

On the 12" day of February 2013 Cynthia Fretwell died as a result of peritonitis as a
result of an infected gall bladder which had not responded to treatment by antibiotics.

CIRCUMSTANCES OF THE DEATH

Mrs Fretwell had a history of abdominal pain and on 8" February 2013, she was
admitted to the emergency department of the Queens Medical Centre in Nottingham.
She had been diagnosed by her GP as having obstructive jaundice following a home
visit. Upon admission Mrs Fretwell, was treated with antibiotics as the working diagnosis
was of an inflamed gall bladder and localised peritonitis. Mrs Fretwell’s condition

| improved and she was discharged on 9"" February 2013 to continue a course of
antibiotics in the community. On 11'° February 2013, Mrs Fretwell’s GP visited her at
home as she was feeling unwell. It was noted that she was suffering from a temperature,
tenderness in her gallbladder and jaundice. Mrs Fretwell was not admitted to hospital.
On 12.02.13 Mrs Fretwell’s family contacted her GP again as Mrs Fretweil was still not
well. A telephone consultation took place but Mrs Fretwell was not seen in person by the
GP. Mrs Fretwell remained at home and was not admitted into hospital. She died at

| 11.25pm that evening.

CORONER’S CONCERNS

| 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) Telephone referrals and the lack of an effective system for conveying and
responding to information between the caller and the doctor. Specifically, | had
concerns about the following aspects:

During the course of the inquest the evidence revealed matters giving rise to concern. In

(a) The inability of reception staff to interrupt a GP during surgery for the purposes |
of alerting and informing the doctor of a change in the patient's condition
following a telephone referral. |

(b) Timely consultation and timely responses to telephone referrals from patients
and their families.

(c) The threshold for determining whether a telephone consultation is adequate or
whether a home consultation should be undertaken.

| (2) A full assessment of the patient's mental capacity in a situation where they are
refusing medical treatment or admission to hospital.

| (3) Full and proper documentation of the discussions between the doctor and the
patient/patient’s family in those circumstances.

In the course of oral evidence taken at the inquest on the 16.10.2013, | was informed of
| changes that had been instituted by the Hama Medical Centre since the death of Mrs
Fretwell which would address these concerns. | adjourned the inquest on 16” October
2013 to provide an opportunity to the Hama Medical Centre to commit the detail of
changesto writing. | asked that a report to be filed by 4pm on 30" October 2013 and the
| matter was re-listed on 12'" November 2013.

| | received a report from the Hama Medical Centre dated 21“' October 2013. | was
satisfied from the contents of that letter and its attachments that matters i(a) & (b) of the
concerns above had been addressed. However, there was no reference to the |
remaining issues of concern which had been identified. In the circumstances therefore, |
consider the response inadequate and feel my duty to report has been invoked.

ACTION SHOULD BE TAKEN

In my opinion, action should be taken to prevent future deaths and | believe you have
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 10" 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 a... Fretwell’s daughter and ei

Medical Director for the NHS Commissioning Board in Nottinghamshire and
Derbyshire. This organisation has responsibilities for overseeing primary care for

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

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.

16.12.13 y _ ~

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 Hama Medical Centre (PDF)
Hama Medical Centre

11 Nottingham Road, Kimberley, Nottingham NG16 2NB
Telephone 0115 9382101 - Fax 0115 9459208
i alcentre.co.uk

14° February 2014

Dear Miss Gillespie,

Re: Cynthia Fretwell (deceased) dob 28.6.1928
Late of 7 Croft Crescent, Awsworth, Nottinghamshire.

Further to Regulation 28 report to prevent future deaths dated 19.12.2013, the Practice
has discussed this case as a Significant Event. The discussions have taken place
during Medical meetings on several occasions, in the presence of GP’s, Practice
Nurses, Reception Manager and Practice manager.

As a result of our discussions, the following steps have been taken:

L.

6.

The Practice has updated its MENTAL CAPACITY ACT 2005 POLICY.
This is saved on the ‘ shared drive ‘ for all the staff to access it as necessary.
See attached.

A summary of the Mental capacity Act 2005 in also saved on the ‘shared
drive’ for more detailed reference.

Telephone Consultation Protocol has been updated and copy of this has
been submitted to your office and been accepted by yourself.

We have discussed the Mental Capacity Act during our Medical Meetings so
that we are all updated on it. Particular attention has been paid to sections
relating to the Principles of the Act, Purposes of the Act and Best interests,
as highlighted in the copy of summary of Mental Capacity Act attached.

Attention is also paid to 5 core principles, basic recording, assessment of
capacity and assessment of capacity checklist in the Practice’s Mental
capacity act policy.

have previously attended Protected Learning time event
on 23.5,2013 on Safeguarding Children and vulnerable adults, Mental

Hama Medical Centre is the trading name of HMC (Kimberley) Limited
Registered No: 8244108

This practice is a member of the Nottingham West Clinical Commissioning Group,
a group of local NHS practices, making local decisions for local people.

Nottingham West
Clinical Commissioning Group

Hama Medical Centre

11 Nottingham Road, Kimberley, Nottingham NG16 2NB
Telephone 0115 9382101 - Fax 0115 9459208
Website: wu S.

Capacity Act and PREVENT. This event addressed the principles and
application of the Mental Capacity Act, amongst other issues. They will
continue to keep themselves updated by attending appropriate future courses.
vill be attending such course in the very near future. The Practice
staff have attended a course to learn about Mental capacity Act in 2009 and
will update themselves with e-learning this subject on ‘blue stream academy’.

The Practice answers your queries in 1c, 2 and 3 as follows:

Ic: The Practice will adopt a very low threshold for home visiting. This would
especially be so in a patient who has not been seen face to face previously, in the
elderly , if the illness was on going or if there was any doubt whatsoever about the
nature of medical problem on the phone.

2. A full assessment of the patient’s mental capacity in a situation where they are
refusing medical treatment or admission to hospital will be made in accordance with
the guidelines in the Practice’s mental capacity policy attached.

If the clinical situation warranted hospitalisation GP would, with the help of the
family, encourage the patient to go into hospital. If the patient refused, GP would
reinforce the need for hospitalisation and the serious consequences of not doing so.
As long as the patient had mental capacity as judged per protocol attached, their
choice would be respected. If the patient is assessed as lacking mental capacity the
GP would with the help of the family make a choice that was in the patient’s best
interest.

Please refer to the copy of summary of Mental Capacity Act and Policy
attached.

3. A full and proper documentation of the discussions that would take place between
GP, the patient/patient’s family in these circumstances would be made in patient
notes. Please refer to basic recording in the Mental Capacity Act 2005 Policy.

Hama Medical Centre is the trading name of HMC (Kimberley) Limited
Registered No: 8244108

This practice is a member of the Nottingham West Clinical Commissioning Group,
a group of local NHS practices, making local decisions for local people

Nottingham West
Clinical Commissioning Group

Hama Medical Centr

11 Nottingham Road, Kimberley, Nottingham NG16 2NB
Telephone 0115 9382101 - Fax 0115 9459208
Website: www. aleentre.co.uk

We hope the steps outlined above meet with your satisfaction.
We will be very pleased to engage with yourself on any matter you feel is not
addressed.

Yours sincerely,

Hama Medical Centre is the trading name of HMC (Kimberley) Limited
Registered No: 8244108

This practice is a member of the Nottingham West Clinical Commissioning Group,
a group of local NHS practices, making local decisions for local

Nottingham West
Clinical Commissioning Group

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