Prevention of Future Deaths reports · 2014

Pauline Edwards

Regulation 28 report to prevent future deaths, reference 2014-0547, written 19 Dec 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report19 Dec 2014
Reference2014-0547
DeceasedPauline Edwards
CoronerFiona Wilcox
Coroner areaLondon Inner (West)
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 IS BEING SENT TO:

The Rt Hon Jeremy Hunt MP

Secretary of State for Health,

Richmond House,

79, Whitehall,

London. SW1A 2NS

1 | CORONER

| am Dr Fiona Wilcox, Senior Coroner, for the coroner area of Inner West London

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 and INQUEST
On 21°' December 2010, | commenced an investigation into the death of Ms Pauline
Verona Edwards, aged 49 years. The investigation concluded at the end of the inquest
on 27" October 2014. The conclusion of the inquest was:
Medical Cause of Death
1 (a) Hypoxic Ischaemic Encephalopathy

(b) Cardiorespiratory Arrest

(c) Operation under general anaesthetic for Benign Ovarian Cyst.
How, when and where and in what circumstances the deceased came by her death:
Ms Pauline Edwards, a healthy 49 year old female patient, died at St Georges
Hospital, Tooting, London at 17:20 on the 15" December 2010. After successfully

undergoing an operation for the removal of an ovarian cyst, the patient had
difficulty in waking up, suffered a laryngospasm leading to hypoxia and a cardiac

arrest which resulted in the patient’s death.
Conclusion of the Jury as to the death

On the 10" of December 2010, Ms Edwards was admitted for the removal of an
ovarian cyst. The surgery finished C. 18:36. Prior to 19:00 the patient coughed and
was extubated at this point.

Shortly after 19:00, the responsible anaesthetist asked the ODP to get Naloxone.
He failed to find it in the adjacent anaesthetic room and decided to fetch it form
recovery, some minutes away, without first communicating this to the responsible
anaesthetist. We find this a failure on the part of the ODP in serving the
anaesthetist.

Around 19:05, the patient stopped breathing due to a laryngospasm. The
responsible anaesthetist failed to diagnose the cause of the respiration
difficulties. We find this to be a serious failure.

The laryngospasm was diagnosed when a junior colleague entered the operating
theatre at approximately 19:16, monitor time, by which time irreversible brain
damage was likely to have occurred.

The responsible anaesthetist did not call for help using standard hospital
protocol. This was a contributing factor to the death of the patient. We find this to
be a serious failure within the first two minutes. We find the anaesthetist’s
continued failure to call for help to be a really serious failure.

At or around 19:16 a junior anaesthetist entered the operating theatre and the
patient was re-intubated by the responsible anaesthetist. The tube was wrongly
inserted into the oesophagus. The fact that the responsible anaesthetist did not
recognise that the tube was in the wrong place, despite no endtidal CO2 readings
constitutes a serious failure.

The patient subsequently suffered cardiac arrest due to prolonged hypoxia.

The patient was sufficiently oxygenated at 19:30 after 24 minutes of insufficient
oxygenation. The damage to her brain and other organs was by then irreversible
and caused her death on 15" December 2010 at 17:20.

We find that throughout these events , communication among the team members
within the hospital was in relation to the unplanned over run to be inadequate but
that this was not a direct cause of the death.

CIRCUMSTANCES OF THE DEATH

It was clear from the evidence taken during the inquest that the responsible anaesthetist,
who had trained in Italy, had clearly insufficient experience to deal with the most
common anaesthetic emergency, and that had reacted appropriately in recognising and
treating the laryngospasm when it first developed this death would probably not have
occurred. On paper, this doctor was supposed to be qualified to the level of a consultant,
whilst in reality she had probably had little practical training, especially in the
management of anaesthetic emergencies. She had been employed as a clinical fellow,
and should have been qualified to act alone. EU Regulations require the UK to
recognise EU qualifications of doctors even though their training may be well below that
of an equivalently graded doctor in the UK.

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) That UK Hospitals are forced by EU law to accept the qualifications of EU
trained doctors even though such doctors may not have the same training and
experience as an equivalently graded doctor in the UK

(2) That UK Hospitals are unaware of this and thus allow such doctors to practice
unsupervised and thus put patients’ lives at increased risk.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you
[AND/OR your organisation] have the power to take such action.

| would commend the training and supervision programme put in place art St
George’s Hospital to try and mitigate such risks following this death, and suggest
that the DOH may wish to consider reviewing the St George’s programme as an
example of good practice to be shared by the NHS.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 430 February 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.

COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following Interested
Persons :

Clinical Director Theatres and Anaesthetists
St George’s Hospital

Blackshaw Road

London SW17 0QT

Anaesthetics Senior Clinical Fellow
St George’s Hospital

Blackshaw Road

London SW17 0QT

Advanced Theatre Practitioner
St George’s Hospital
Blackshaw Raod

London SW17 0QT

| have also sent it to the following persons or organisations who may find it useful or of
interest:

pe

OCCE

General Medical Council
Regent's Place

350 Euston Road
London

NW1 3JN

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.

19™ December 2014.

Dr Fiona Wilcox,

HM Senior Coroner,

Inner West London,
Westminster Coroner’s Court,
65, Horseferry Road,

London.

SW1P 2ED.

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)
Parliamentary under Secretary of State for Health 

 From Dr Dan Poulter MP                                                                                                                                                          

  Richmond House 
      79 Whitehall 
                       London 
        SW1A 2NS 

24th February 2015 

Dr F Wilcox 
HM Senior Coroner 
Westminster Coroner’s Court 
65 Horseferry Road 
London 
SW1P 2ED 

Dear Dr Wilcox,  

Thank you for your letter following the inquest into the death of Pauline Edwards. I was very 
sorry to learn of Ms Edwards’s death and wish to extend my sincere condolences to her 
family. 

The inquest concluded that Ms Edwards died as a result of an operation under general 
anaesthetic for benign ovarian cyst, hypoxic ischaemic encephalopathy and cardiorespiratory 
arrest.  

You outline the events surrounding the operation and explain several serious failings on the 
part of the responsible anaesthetist that led to a prolonged period of hypoxia resulting in 
cardiac arrest and death.  

You report that the responsible anaesthetist had trained in Italy and, from evidence at the 
inquest, clearly had insufficient experience to deal with the most common anaesthetic 
emergency even though she was supposed to be qualified to the equivalent level of 
consultant. You point out that EU Regulations require the UK to recognise EU qualifications 
of doctors even though the actual training may be well below that of an equivalently 
qualified doctor in the UK.   

You had particular concerns: 

  That UK hospitals are forced by law to accept the qualifications of EU trained doctors 
even though these doctors may not have the same training and experience as doctors in 
the UK. 

  That  UK  hospitals  are  unaware  of  this  and  so  allow  such  doctors  to  practise 

unsupervised and so put patients’ lives at risk. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 You also commend a training and supervision programme that St George’s hospital has put 
in place following this death and ask that the Department considers sharing this example of 
good practice within the wider NHS.   
To address your concern about the equivalency of non-UK medical training and standards, I 
would like to first draw your attention to the Mutual Recognition of Professional 
Qualifications Directive (MRPQ).  

This Directive, agreed in 2005 and transposed into UK law in 2007, allows professionals to 
have their qualifications, obtained in one Member State, recognised in another and thus 
allows them to be employed anywhere within the Single Market irrespective of where they 
have trained. The Directive applies to the European Economic Area (EEA), which includes 
EU Member States along with Norway, Iceland and Liechtenstein.  

The system of automatic recognition under this Directive applies to seven professions; 
doctors, dentists, general care nurses, midwives, pharmacists, veterinary surgeons and 
architects. For these professions there are harmonised minimum training requirements and 
Member States are obliged automatically to recognise qualifications which meet these 
criteria.  

In addition, Article 25 of the MRPQ Directive requires that any admission to medical 
specialty training is contingent upon completion of the harmonised basic medical training 
requirements under the Directive. In order for an individual to benefit from automatic 
recognition of a specialty qualification the specialty courses must be listed in Annex 5 of the 
Directive under both the home and host Member State. In order to be listed under Annex 5 
the specialty training must comply with the minimum period of training, which is set out in 
Annex 5 point 5.1.3 of the Directive, for each listed specialty.  

However, the Department is aware that the General Medical Council (GMC) has some 
concerns around the comparability of curriculum between some of the UK specialties and 
specialties in other Member States listed under Annex 5. Subsequently officials at the 
Department of Health are working with the GMC to strengthen the processes around 
confirming that medical specialties have equivalent curriculum content to ensure that EU 
doctors working in the UK are of a suitable standard to maintain patient safety.  

The Department is also working with the GMC to make sure there is a robust process for 
considering new additions to the medical specialties listed in Annex 5 of the Directive before 
the UK agrees to list its own comparable specialty.  

Regarding  the  training  and  supervision  programme  at  St  George’s  hospital,  as  part  of  the 
application process for registration, clinical staff from within the EU have their qualifications 
verified by the General Medical Council.  These clinical staff are then encouraged to carry 
out an “observership”  placement,  prior to applying for jobs,  to familiarise themselves with 
the NHS. 

 
 
 
  
 
 
 
 
 
 When  the  St  George’s  Healthcare  NHS  Trust  receives  a  job  application,  the  applicant’s 
written  communication  skills  are  assessed  from  their  application  form  and  their  verbal 
communication skills are assessed at interview. An applicant’s level of training, experience 
and  knowledge  is  assessed  at  interview  through  clinical  scenario  assessments. References 
and letters detailing employment are sought from relevant overseas employers to confirm an 
applicant’s experience.   

Staff  appointed  then  attend  a  course  run  by  the  simulation  team  at  St  George’s  Hospital 
which aids their transition to the UK and to the NHS.   

Health Education England (HEE) is the appropriate body to comment on the training and 
supervision programme run by St. George’s hospital. They consider this induction 
programme, which features increased initial supervision and mandatory sign-off for non-UK 
trained staff before they can go onto any rota appears thorough and could be disseminated as 
an example of good practice. However, whilst HEE provides national, strategic leadership on 
education and training that is responsive to patient’s changing needs, primary responsibility 
for induction arrangements for clinical staff rests with individual employers.  

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

Best wishes, 

DR DAN POULTER

Related reports

Other reports by Fiona Wilcox

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.