Prevention of Future Deaths reports · 2014

James Withers

Regulation 28 report to prevent future deaths, reference 2014-0004, written 7 Jan 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report7 Jan 2014
Reference2014-0004
DeceasedJames Withers
CoronerJohn Pollard
Coroner areaManchester South
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedTameside Hospital NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS  

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 
Chief Executive Tameside Hospital NHS Foundation Trust  

1 

CORONER 

I am John Pollard, senior coroner, for the coroner area of Manchester South 

2 

CORONER’S LEGAL POWERS 

I 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 and INQUEST 

On 29th January 2013 I commenced an investigation into the death of James Hadfield 
Withers (dob 16/8/26).The investigation concluded at the end of the inquest on 19th 
September 2013. 
 The conclusion of the inquest was “In October 2012 Mr Withers was diagnosed as 
suffering a recurrence of carcinoma of the bowel. He was admitted to hospital for a 
resection of the affected area on the 11th December 2012: Immediately post operatively 
he was treated on the ITU and made very good progress. He was then transferred to the 
surgical ward and his condition generally deteriorated thereafter: During his time on this 
ward and after his return to the ITU there were a number of occasions of poor 
communication with the family of the deceased; he was thought to be classified as 
DNAR when a doctor mistook him for another patient; little or no explanation was given 
to the family as to his actual DNAR status and/or as to why it was deemed appropriate 
as to why and when it was decided to take him off ventilation. On the 27th January 2013 
he died as a result of his diseased heart, contributed to by the stress of the necessary 
operation to remove the cancer”                                                                                            
The medical cause of death was 1a Congestive Cardiac failure 1b left ventricular failure 
1c valvular heart disease (aortic stenosis)  2. Open extended right hemi-colectomy for 
invasive colonic adenocarcinoma                                                 . 

4 

CIRCUMSTANCES OF THE DEATH 
The circumstances are apparent from the conclusion as outlined above 

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.  There was a delay of five days between the Cardiologist being requested to see 

the patient and actually attending the patient  

2.  Various of the medical/nursing notes appear to have gone missing 

1

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 3.  The patient’s DNAR status was fixed without any reference to/discussion with 

his family. Whilst it is appreciated that this decision is for the doctor alone, good 
practice would require that the family be kept up to date with all such decisions 

4.  One of the doctors admitted that he had assumed an incorrect DNAR status 
based on the fact that he had two separate pieces of paper in his pocket and 
had looked at the wrong one. 

5.  There was generally poor communication between nursing and medical staff 
(inter se) and between medical/nursing staff and the family of the patient. 

6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you 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   8th March 2014. 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. 

8 

COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner and to the following Interested 
Persons :-  
who may find it useful or of interest. 

(daughter of the deceased). I have also sent it to CQC              

I 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 

7th January 2014                                                 John Pollard 
                                                                             HM Senior Coroner 

2

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