Prevention of Future Deaths reports · 2013

Leo Deady

Regulation 28 report to prevent future deaths, reference 2013-0369, written 19 Dec 2013. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report19 Dec 2013
Reference2013-0369
DeceasedLeo Deady
CoronerPhillip Barlow
Coroner areaLondon Inner (South)
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedLewisham and Greenwich 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.

ANNEX A
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. Department of Health
2. Royal College of Obstetricians and Gynaecologists
3.

1 | CORONER

| am Philip Barlow, assistant coroner, for the coroner area of Inner London 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.
(HYPERLINKS]

|_|
3 | INVESTIGATION and INQUEST

On 29 September 2012 | commenced an investigation into the death of baby Leo
Deady, age thour. The investigation concluded at the end of the inquest on 19
December 2013. The conclusion of the inquest was given by a narrative conclusion as
follows:

Leo Deady died at Queen Elizabeth Hospital at one hour of age following an
undiagnosed breech presentation.

4 | CIRCUMSTANCES OF THE DEATH

a 2: considered to have a normal first pregnancy. She was examined by
several experienced midwives after 28 weeks gestation, and in the early stages of
labour at hospital, and all diagnosed cephalic presentation. The breech presentation
was first noticed at 17.28 on 3.9.2013, when was fully dilated, Leo was born
at 17.47 by vaginal delivery. Evidence from the consultant obstetrician was that if the
diagnosis had been made before labour had commenced, or earlier in labour, plans
would have been made to turn Leo in utero or to deliver by caesarean section.

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 evidence given at the inquest was that there is a small but significant rate of

breech presentation nationally and that a significant proportion of breech presentations
go undiagnosed. The percentage of undiagnosed breech presentations may be as high
as 25%. The risks of vaginal breech delivery are very high.

Although midwives (especially experienced midwives as in this case) pick up most cases
of breech presentation, it is clear that a small but significant number are missed.

The only certain way of detecting breech presentation is by scan. The evidence in this
case was that there are no national guidelines as to whether hospitals should routinely
scan ata late stage of pregnancy to exclude breech. The evidence at this inquest was
that some London hospitals do carry out routine scanning in late pregnancy.

There was no evidence available at the inquest to say whether the risks and benefits of
routine scanning in late pregnancy has been considered nationally in the light of
potential funding issues.

6 | ACTION SHOULD BE TAKEN

In my opinion action should be taken by the Department of Health, if appropriate with
advice from RCOG, to consider if any guidance of policy initiative would prevent future
deaths. | believe you and your organisation have the power to take such action.

7 | YOUR RESPONSE

You are under a duty fo respond to this report within 56 days of the date of this report,
namely by [DATE]. |, the soronel. may extend the period.

te Pebreciry 2o1S
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

I have s rt to the Chief Coroner and to the following Interested
Persons nd South London Hospital NHS Trust [and to the LOCAL
SAFEGUARDING BOARD (where the deceased was under 18)]. | have also sent it to
Royal College of Obstetricians and Gynaecologists who may find it useful or of interest.

1 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.

9 PIDATEL je) 213 [SIGNED BY CORONER] pT DIX.

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 Department of Health (PDF)
i From the Rt Hon Jeremy Hunt MP
Secretary of State for Health

Department
| of Health Richmond House
79 Whitehal?
Landon
POCI_ 831459 SILA 2NS
Tel: 020 7210 3000
Mb-sofs@dh.gsi.gov.uk

Mr P Barlow

Assistant Coroner

Southwark Coroner’s Court

1 Tennis Street

Southwark 2

London SE1 1YD

ao
oo

™
os
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Thank you for your letter following the inquest into the death of Baby Leo Deady.
Tn your report you state that Leo died at one hour of age following an undiagnosed
breech presentation.

a ..:: considered to have a normal first pregnancy. She was examined by
several experienced midwives after 28 weeks gestation, and in the early stages of
labour at hospital, and all diagnosed cephalic presentation.

The breech presentation was first noticed at 17.28 on 3.9.2013, when
was fully dilated, Leo was born at 17.47 by vaginal delivery. Evidence from the
consultant obstetrician was that if the diagnosis had been made before labour had
commenced, or earlier in labour, plans would have been made to turn Leo in utero
or to deliver by caesarean section.

You raise the following matters of concern:

¢ There appears to be a small but significant rate of breech presentation
nationally. Although midwives pick up most cases, a significant proportion of
breech presentations go undiagnosed, possibly as high as 25% and the risks
of vaginal breech delivery are very high.

e The only certain way of detecting breech presentation is by scan. Evidence in
this case suggested that there are no national guidelines as to whether
hospitals should routinely scan at a late stage of pregnancy to exclude breech,
although some London hospitals do carry out routine scanning in late
pregnancy.

and ask that we consider:
e The risks and benefits of routine scanning in late pregnancy nationally;

© Developing policy or guidance in this area

This is an issue that has been considered and researched in the past.

Tn October 2008, the Cochrane Review into The Routine ultrasound in late
pregnancy (after 24 weeks’ gestation) concluded that, based on existing evidence,
routine late pregnancy ultrasound in low-risk or unselected populations does not
confer benefit on mother or baby.

The UK National Screening Committee (UK NSC) advises Ministers and the NHS
in all four countries about all aspects of screening policy and supports
implementation. Using research evidence, pilot programmes and economic
evaluation, it assesses the evidence for programmes against a set of internationally
recognised criteria.

The UK NSC has not reviewed the evidence for screening for breech position in late
pregnancy against its criteria. However, the UK NSC regularly reviews policy on
screening for different conditions in the light of new research evidence becoming
available.

The National Institute for Health and Cave Excellence guideline on Caesarean
section (November 2011) states that women who have an uncomplicated singleton
breech pregnancy at 36 weeks' gestation should be offered external cephalic
version. Exceptions include women in labour and women with a uterine scar or
abnormality, foetal compromise, ruptured membranes, vaginal bleeding or medical
conditions,

It continues to state that pregnant women with a singleton breech presentation at
term, for whom external cephalic version is contraindicated or has been
unsuccessful, should be offered caesarean section because it reduces perinatal
mortality and neonatal morbidity.

Safer Childbirth: Minimum Standards for the Organisation and Delivery of
Care in Labour (October 2007) states that organisations should have in place
robust arrangements to ensure, through clinical governance, that they are providing
safe practice and learning lessons both from their own and others’ practice. The
document continues to state that when incidents have occurred, units need to
consider the causes and consequences of the problems highlighted identifying a
number of tools, i.e. National Patent Safety Agency Root Cause Analysis Toolkit

dee
| Department
of Health

and Royal College of Obstetricians and Gynaecologists Improving Patient Safety:
Risk Management for Maternity and Gynaecology, which can be used to identify the
root cause of the adverse events and that all units should have staff trained in the
use of these tools.

It also states that there should be a written risk mana gement policy including trigger
incidents for risk-averse incident reporting and regular audits of obstetric indicators,
such as emergency caesarean section, and neonatal indicators, such as delayed or
failed resuscitation.

Officials have contacted the Trust involved, (Lewisham and Greenwich NHS Trust)
and they have confirmed that they are aware of the Safer Childbirth standards.

The Trust has a suite of risk management policies and procedures in place which
cover the elements quoted in the Safer Childbirth guidance. These include the
identification and reporting of adverse events and near misses, and in depth review
of serious adverse outcomes using the National Patient Safety Agency (NPSA)
framework of root cause analysis. The Trust also implements the Clinical
Negligence Scheme for Trusts (CNST) maternity clinical risk management
standards. In addition, regular audits of obstetric and neonatal indicators are
undertaken and monitored via internal clinical governance processes.

The Royal College of Obstetricians and Gynaecologists Standards for
Maternity Care (June 2008) states that clinical governance structures should be
implemented in all places of birth and that all health professionals must have a
clear understanding of the concept of risk management to improve the quality of
care and safety of mothers and babies, while reducing preventable adverse clinical
incidents,

It also states that where an incident has occurred, every unit should follow a clear
mechanism for managing the situation including investigation, learning,
communication and, where necessary, implementing changes to existing systems,
training or staffing levels,

I note that you sent a copy of this Regulation 28 report to the Royal College of
Obstetricians and Gynaecologists (RCOG) and suggested we might wish to seek
advice from them concerning the development of policy or guidance in this area.

Officials in my Department have consulted with the RCOG. They acknowledge that
a certain proportion of breech presentations will be undiagnosed until the later
stages of labour.

The RCOG has referred me to two of their relevant guidance publications. One is
‘The Management of Breech presentation’ (Green-top 20b) which is currently
being updated. The revised guidance plans to include a section entitled ‘What
factors affect the safety of vaginal breech delivery?’ in which antenatal assessment
and intrapartum assessment of women presenting unplanned with breech
presentation in labour, will be considered.

The second is ‘External Cephalic Version (ECV) and Reducing the Incidence of
Breech Presentation’ (Green-top 20a) which is also currently being updated.
Within this guide is a section entitled ‘External Cephalic Version - How could the
identification of breech presentation be increased?’

The RCOG have confirmed that they will forward your concerns to the developers
of these guidelines for their attention and consideration.

In the meantime, taking account of existing research and guidance in this area, I
consider that there is no benefit to developing a national system of routine scanning
in late pregnancy.

I hope that this response is helpful and I am grateful to you for bringing the
circumstances of Baby Leo’s death to my attention.

Mon sine
Ju cea
-

JEREMY HUNT

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