Prevention of Future Deaths reports · 2014

John Cook

Regulation 28 report to prevent future deaths, reference 2014-0578, written 9 Jun 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report9 Jun 2014
Reference2014-0578
DeceasedJohn Cook
CoronerNicholas Gardiner
Coroner areaOxfordshire
CategoryHospital Death (Clinical Procedures and medical management) related deaths
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.  Ms J Fowler, Chief Nurse, Thames Valley Area Team, NHS England. 

1 

CORONER 

I am Nicholas Gardiner, assistant coroner, for the coroner area of Oxfordshire. 

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  19  October  2012  I  commenced  an  investigation  into  the  death  of  John  Cook  aged 
73. The investigation concluded at the end of the inquest on 29 May 2014. A copy of the 
Record of Inquest is attached. It will be seen that I returned a conclusion that He Died of 
Natural Causes.  

The Cause of Death was given by 

 Hunt at Inquest as: 

1  a  Coronary Artery Thrombosis (and underlying Myocardial Fibrosis) 

b  Coronary Artery Atherosclerosis 
c 

2 

Bilateral Pneumonia and Severe Cerebrovascular Disease   

4 

CIRCUMSTANCES OF THE DEATH 

This 73 year old man was discharged from the John Radcliffe Hospital on 28 September 
2012, and  was receiving palliative care at The Manor Nursing Home, Bicester. He had 
been  admitted  to  the  John  Radcliffe  Hospital  on  24  September  2012,  with  reduced 
responsiveness,  a  productive  cough  and  reduced  oral  intake.  The  diagnosis  was 
dehydration  and  hypernatremia.  Active  co-morbidities  were  noted  to  be  vascular 
dementia, previous Cerebrovascular Accident together with sadly being bed bound and 
doubly  incontinent.  On  6  October  2012,  Mr  Cook  was  being  cared  for  by  staff  at  The 
Manor  Nursing  Home,  when  it  was  observed  that  Mr  Cook  was  experiencing  great 
difficulty  in  breathing  and  was  deteriorating  rapidly.  Upon  arrival  of  ambulance 
personnel,  they  discovered  that  Mr  Cook  was  exhibiting  Cheyne-Stokes  respiration.  At 
that  time  he  was  thought  not  to  be  for  resuscitation,  it  was  believed  that  a  ‘Do  Not 
Attempt  Resuscitation’  (DNA  CPR)  form  had  been  signed  whilst  in  the  John  Radcliffe 
Hospital  on  24  September  2012,  the  date  of  his  admission.  The  ambulance  personnel 
were  asked  to  perform  CPR  on  the  instructions  of  the  deceased's  son.  They  did  not 
comply with his wishes and Mr Cook was verified dead at 1820 on 6 October 2012 by 

the Thames Valley Police Medical Examiner. Subsequently it was found that 
the  DNA  CPR  notice  had  expired  on  Mr  Cook's  discharge  from  hospital  on  28 
September. 

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. 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 The MATTERS OF CONCERN are as follows.  –  

(1) My concerns relate to the DNA CPR form coloured  lilac. It is inevitable that queries 
will occasionally arise as to the validity of the form and related matters and by their very 
nature these are likely to be urgent. Although this particular Case Consultant who issued 
the form was reasonably clear there was no indication to which hospital or institution he 
worked for. It would be convenient if the name of the hospital were incorporated in the 
form, with a telephone number.  

(2)  Under  Section  3  headed  Review  there  is  “Decision  valid  to  date  of  discharge  from 
hospital”. I understand that this is an unusual form of wording. Normally an expiry date 
would  be  specified  which  seems  to  me  to  be  good  practice,  however,  once  an  expiry 
date  has  been  reached  and  if  there  is  no  renewal,  it  seems  to  me  that  to  avoid 
confusion, it  would  be better if the form were retrieved and clearly marked ‘Cancelled’, 
‘Expired’ or some similar wording. In this particular case, given the wording used on the 
form,  I  think  it  should  never  have  left  the  hospital.  In  this  particular  case,  there  was 
failure  to  read  and/  or  understand  the  wording  used  and  those  attending  recluded  that 
the fall-back position was not to attempt resuscitation when the opposite was the correct 
interpretation.  The  difficulties  were  compounded  by  the  quality  of  English  spoken  by 
some concerned but this is not uncommon and should be allowed for. Having said this, I 
am satisfied that these failures of communication did not affect the outcome and that any 
attempt  at  resuscitation  would  have  been  quite  futile.  It  did  however  mean  that  an 
Inquest  which  should  have  been  unnecessary  had  to  be  conducted,  there  was  an 
unnecessary Police investigation and, of course, consequent distress to the family.    

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. I 
may extend the period on request. 

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 Interested Persons. 

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, at the time of your response, about 
the release or the publication of your response by the Chief Coroner. 

9 

Signed 

Assistant Coroner for Oxfordshire 

Dated  

9 June 2014 

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 NHS England (PDF)
Thames Valley 
Jubilee House 
5510 John Smith Drive 
Oxford Business Park South 
Cowley 
Oxford  
OX4 2LH 

Your Ref: 

4/8/14 

Mr N G Gardiner 
Assistant Coroner for Oxfordshire 
Oxfordshire Coroner’s Office 
The Oxford Register Office 
2nd Floor 
1, Tidmarsh Lane 
Oxford 
OX1 1NS 

Dear Mr Gardiner, 

Re:  Regulation 28 report – John Cook 

Thank you for your letter dated 9th June outlining your matters of concern in 
relation to the above inquest. I have looked into both these concerns and please 
find below my response. 

1.  One of your concerns was the DNA CPR form and ensuring that it the 

name and the telephone number of the hospital is on the form. The form 
does have the institution name on it, however, it does not have the 
telephone number. It is our view that this is not necessary as the form is 
there to provide a clear definitive position, not to be something that 
prompts the need for further clarification through further phone calls. In 
addition to this telephone numbers change and the availability of particular 
clinicians may change. Therefore we will not be recommending there will 
be any changes made to the form. 

2.  The second concern was around the expiry date and cancellation of the 

DNA CPR form. The August 2012 NHS South of England (central) Unified 
Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) Adult Policy 
clearly states that the wording of “on discharge” is not acceptable, nor 
indeed the suggestion that the DNACPR ends just because of a discharge 
from hospital. The policy makes clear that if the DNACPR is not indefinite, 
then a specific review date should be inserted.   

The issue in this case is that the existing policy was not followed. It clearly 

High quality care for all, now and for future generations 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 states in the policy that in the rare circumstances where there is a decision 
made to cancel or revoke the decision, it should be clearly cancelled with 
two diagonal lines with the word “CANCELLED” written clearly between 
the lines, dated, signed and name printed by the health care staff 
member. 

Clearly it is of upmost importance that the DNACPR policy is followed 
correctly and the Oxfordshire Clinical Commissioning Group (CCG) have 
been working with Oxford University Hospital NHS Trust (OUH) to ensure 
that this happens. OUH carry out regular training sessions and complete 
regular audits in relation to the completion of the whole DNACPR process 
which includes effective completion of the policy. We have requested that 
the CCG share the results of the audits with us. We are assured that the 
CCG will hold the Trust to account in relation to the learning from this 
inquest. 

NHS South of England as an organisation does no longer exist and 
therefore we will be writing to all our provider Trusts and CCGs to ensure 
they have adopted the DNACPR policy from NHS South of England for 
their own organisation. 

I hope the above answers your concerns, please do not hesitate to get in touch if 
I can provide any further information.  

Yours sincerely, 

Chief Nurse 
NHS England (Thames Valley Area Team) 

Copy enclosed for the Chief Coroner. 

High quality care for all, now and for future generations

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