Prevention of Future Deaths reports · 2014

Bertha Cray

Regulation 28 report to prevent future deaths, reference 2014-0037, written 24 Jan 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report24 Jan 2014
Reference2014-0037
DeceasedBertha Cray
CoronerR Brittain
Coroner areaInner North London
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedBarts Health NHS Trust
Sourcejudiciary.uk record · original PDF
Responses published1

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:
(1) Chief Executive ­ Barts Health NHS Trust
1 CORONER
I am R Brittain, Assistant Coroner for Inner North London
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
The investigation into the death of Bertha CRAY, aged 84, was commenced on 4 January
2013 and concluded at the end of the inquest on 22 January 2014. The conclusion of the
inquest was narrative (Copy attached).
4 CIRCUMSTANCES OF THE DEATH
Bertha CRAY underwent an upper­gastrointestinal endoscopy on 11 December 2012 at
Newham General Hospital. During this procedure her oesophagus was perforated. She
was subsequently transferred to The Royal London Hospital where conservative
(non­surgical) management was initially undertaken. She was placed ‘nil by mouth’ in
order to allow the perforation to heal.
On 15th December the ‘nil by mouth’ sign was noted to have been changed to a sign
which indicated that she could take ‘sips’ of water. A jug of water had therefore been
provided by the kitchen staff. At the inquest there was conflicting evidence regarding how
the sign came to be changed. Evidence from the nursing staff was that the sign was
double­sided (comprising ‘nil by mouth’ on one side and ‘sips’ on the other) and had
inadvertently been turned. The family were clear that the signs were single­sided, of
different colours and could not have been inadvertently changed.
There was also conflicting evidence as to whether Mrs Cray did ingest any water; the
nursing staff provided evidence that she had not taken any sips, whilst the family were
clear that she had. Evidence from the treating surgeon indicated that ingestion of a small
volume of water is unlikely to have significantly contributed to Mrs Cray’s death. An
incident form was completed but did not demonstrate that any action had been taken as a
consequence of the investigation.
Mrs Cray subsequently deteriorated and, despite surgical intervention, died on 29
December 2012 from bronchopneumonia, which resulted from the perforation and surgical
treatment.
1
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) On the account provided by the nursing staff, it is possible that inadvertent alteration of
‘nil by mouth’ signage could occur in the future, due to the apparent ease with which a
double­sided sign can be turned and lack of action taken as a consequence of this clinical
incident.
(2) On the account provided by the family, the ‘nil by mouth’ sign was replaced by some
other means. The cause of this alteration is unclear, owing to the focus of the incident
form being the ‘double­sided’ account, provided by the nursing staff. As such, it is possible
that there could be a recurrence of this incident, as the cause has not been elucidated.
6 ACTION SHOULD BE TAKEN
In my opinion action should be taken to prevent future deaths and I believe you, as the
Chief Executive of the Trust, 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 21 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, Mrs Cray’s family and The Care
Quality Commission.
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 24 January 2014
Assistant Coroner R Brittain
2

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 Barts Health NHS (PDF)
Peter Morris OBE 
Chief Executive 
Trust Offices 
Aneurin Bevan House 
81 Commercial Road 
London 
E1 1RD 

HJT2647 

Dr R Brittain 
Assistant Coroner for Inner North London 
Poplar Coroners Court 
127 Poplar High Street 
London E14 0AE 

14 March 2014 

By special delivery 

Dear Sir 

Inquest - Ms Bertha Cray 

I write in response to your Regulation 28: Report to Prevent Future Deaths, dated 24 January 2014. 

I am pleased to inform you that the investigation into your concerns regarding the ease of alteration of double-
sided ‘nil-by-mouth’ signs at the bedside, as well the cause of the alteration, has now been concluded.  

I  am  satisfied  that  this  investigation  has  been  sufficiently  robust,  in  that  we  have  scrutinised  all  relevant 
records, interviewed staff and have spoken with the family of Ms Cray to discuss their concerns and inform our 
investigation.   

During  the  investigation,  qualified  nursing  staff  confirmed  that  the  use  of  double-sided  ‘nil-by-mouth’/’sips  of 
water’ signs at the bedside was not the usual practice in the Trust. In this particular case, ‘sips of water’ had 
been  written  on  the  other  side  of  the  sign.  This  practice  will  now  stop  and  new  signs  issued  with  the  same 
instruction on both sides, so there is no option to amend the signs by writing on them.  

As  to  the  cause  of  alteration  of  the  sign,  the  nurse  involved  was  interviewed  and  explained  that  the  ‘nil-by-
mouth’ side of the sign was printed, whilst the writing on the other side was in green. This may explain why Ms 
Cray’s family gave evidence that there were two different signs. 

We have taken this as an opportunity to review our processes to enhance future care.  The family has been 
informed of the outcome of the investigation and seemed reassured by the changes made by the Trust.  

Thank you for bringing your concerns to my attention.  I hope you are assured I have taken them seriously and 
investigated them appropriately. 

Yours faithfully 

Peter Morris 
Chief Executive 
Barts Health NHS Trust 

Barts Health NHS Trust: Newham University Hospital, The London Chest Hospital,  
The Royal London Hospital, St Bartholomew’s Hospital and Whipps Cross Hospital.

Related reports

Other reports by R Brittain

See all →

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

See all →

Track Barts Health NHS Trust

See every Prevention of Future Deaths report matching Barts Health NHS Trust, 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.