Prevention of Future Deaths reports · 2015

Nathaniel Phillips

Regulation 28 report to prevent future deaths, reference 2015-0375, written 13 Oct 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report13 Oct 2015
Reference2015-0375
DeceasedNathaniel Phillips
CoronerJoanne Kearsley
Coroner areaManchester South
CategoryCommunity health care and emergency services 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 Department Of Health,

Richmond House
79 Whitehall, London, SW1A 2NS

| CORONER

Tam Joanne Kearsley Area Coroner, for the Coroner area of South Manchester

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

| INVESTIGATION and INQUEST

On the 29" September 2015 I concluded the Inquest into the death of Nathaniel
Luke Phillips born on the 18 May 1990 who died on the 15" April 2015 at
Tameside General Hospital. The cause of death was confirmed as la) Hypoxic
Brain Injury due to 1b) Acute Asthma Attack.

ri CIRCUMSTANCES OF THE DEATH
The circumstances of Nathaniels’ death are as follows:

During the course of the Inquest the Court heard evidence from a number of
witnesses including Nathaniels’ Mother and also his General Practitioner.
Nathaniel had been diagnosed with asthma as a child. He had a diagnosis of
brittle asthma. For reasons which were unclear and which are currently being
reviewed by his GP Nathaniel seems to have been lost to Adult Asthma Services
once he was too old for the Paediatric services. He was last seen in his GP
practice in April 2014. His last prescription for his asthma medication was

issued in July 2014.

In January and February 2015 Nathaniel presented twice to the emergency
department following an acute exacerbation of his asthma. The Court heard that
the reason Nathaniel did not collect any prescriptions for his asthma medication
was because of the cost of the regular prescriptions. During this time he used
inhalers which were prescribed to family members, several of whom were on the
same medication.

However the evidence from his GP confirmed that the lack of prescriptions
issued meant that this indicated to them that Nathaniel was not requiring
medication and that his asthma was therefore being controlled. It was confirmed
that if the accurate situation had been known this may have led to an increase or

alteration of his asthma medication.

On the 13" April 2015 at 23.42 hours Nathaniel called an ambulance as he was
having an acute exacerbation of his asthma. The Court heard his call to the
ambulance service during which he was able to speak and provide all the
requested information. As a result of the information provided the call was
classed as requiring an ambulance within 20 minutes (according to local
protocols). Unfortunately there were no ambulances available. At 00.13 hours
Nathaniel makes a second call to the ambulance service, in this call his condition
has clearly deteriorated. The Call handler from the ambulance service correctly
increases the response code to a code red (requiring an ambulance within 7
minutes). Again there were no ambulances available and it was not until 00.22

that an ambulance was allocated.

At this time, Nathaniels girlfriend arrives at the property and upon seeing Daniel
speaks to the call handler who is still on an open telephone line and says that she
is going to take Nathaniel in the car to the hospital. She is advised that an
ambulance is now on its way but decides to take him.

Whilst enroute Nathaniel collapses in the car. At hospital it is confirmed that he
has suffered a severe lack of oxygen to his brain.

CORONER’S CONCERNS

One of the concerns raised by the family and the GP was that a diagnosis of
brittle asthma is not one of the illnesses covered by the medical exemption
certificate, despite the fact that it is a life-threatening condition requiring
medication. It was confirmed that illnesses such as diabetes and epilepsy which
require continuous medication are covered.

As indicated earlier due to the cost of his constant medication Nathaniel did not
always collect regular prescriptions and relied on family members asthma
medication. This meant his GP did not escalate his case or reassess his

requirements and asthma control.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you have the
power to take such action.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 7 December 2015. |, 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 namely, the family of Nathaniel Phillips.

! 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.

13.10.2015 (Merrey Joanne Kearsley HM Area Coroner

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)
AG Rt Hon Alistair Burt MP
Minister of State for Community and Social Care

Department
of H ealth Richmond House
79 Whitehalf
London
SWIA 2NS
Tel: 020 7210 4850
Miss J. Kearsley, 10 DEC 2015

Area Coroner,
Coroner’s Court

1 Mount Tabor Street
Stockport

SK1 3AG

Thank you for your letter of 13 October 2015, following the inquest into the death of
Nathaniel Phillips. I was sorry to hear of Mr Phillips’ death and wish to extend my
condolences to his family.

The main issue of concern in this case was raised by the family and GP. A diagnosis
of brittle asthma is not one of the illnesses covered by the medical exemption
certificate, despite the fact it is a life-threatening condition requiring medication.
You noted that illnesses such as diabetes and epilepsy which require continuous
medication are covered.

The second concern is that the GP did not escalate Mr Phillips’ case or reassess his
requirements and asthma control.

The list of medical conditions for which patients are exempt from prescription
charges was introduced in 1968, with the only addition to this list since then being
cancer (in 2009). Ten conditions are included in this list. I believe, it would be
unfair to sufferers from other diseases to consider asthma in isolation. However,
extending the list to include all potentially life-threatening long term conditions
would present a very significant cost to the NHS, which is already facing
unprecedented budget pressures.

There are, however, already a number of other routes to exemption from paying
prescription charges, should the individual not qualify for a medical
exemption. These include children under 16, people aged 60 or over and those in

receipt of certain means tested benefits, leading to around 90% of all prescription
items in England currently being dispensed without a prescription charge.

Anyone on a low income, and not in receipt of benefits which provide automatic
entitlement, can seek help under the NHS Low Income Scheme, which provides help
with health costs on an income-related basis. The level of help available is based on
a comparison between a person’s income and requirements at the time a claim is
received, or at the time a charge was paid where a refund is claimed.

To assist those who do have to pay, but who have a long term condition or on
occasion may require a high number of prescribed items, Prescription Prepayment
Certificates (PPCs) are available. The cost of annual and 3-month certificates is £104
and £29.10 respectively. There is no limit to the number of items that can be
obtained through a PPC. The annual certificate benefits anyone needing more than
12 items a year, and the 3 month certificate benefits anyone needing more than 3
items in that 3 month period. PPCs can be obtained by calling 0845 850 0030 (local
rates), online through the NHS Business Services Authority’s website
(www.nhsbsa.nhs.uk) or by post. The application form FP95 is available from
pharmacies.

The second concern relates to the GP’s care and management of Mr Phillips. There
appears to have been a lack of monitoring and re-assessment of Mr Phillips by the
GP.

It also appears that Mr Phillips presentations to the local emergency department
following acute asthma attacks in January and February 2015, were not made known
to his GP. If such information had been shared this should have initiated a review of
Mr Phillips’ condition by the GP.

Furthermore, it is not clear whether any attempt was made to advise Mr Phillips how
he could obtain help to pay for his medication.

I note that you did not send a copy of your Regulation 28 letter to the GP Practice
concerned. I would be happy for you to send a copy of our reply to the GP Practice
and trust that this will prompt them to review their patient care and prescribing
practice in light of this case.

More generally however, the General Medical Council (GMC) helps to protect
patients and improve medical education and practice in the UK by setting standards
for students and doctors. For example, doctors providing clinical care are expected to
adhere to the following principles:

Department
of Health

e prescribe drugs or treatment, including repeat prescriptions, only when you have
adequate knowledge of the patient's health, and are satisfied that the drugs or
treatment serve the patient's needs

e provide effective treatments based on the best available evidence

e check that the care or treatment you provide for each patient is compatible with
any other treatments the patient is receiving, including (where possible) self-
prescribed over-the-counter medications.

Good practice in prescribing and managing medicines and devices (2013) provides
more detailed advice to doctors on how to comply with the above principles when
prescribing and managing medicines and medical devices, including appliances. A
copy of this document is available on the GMC website.

Within the guide is a section on Reviewing medicines and Repeat prescribing and
prescribing with repeats which provides clear guidelines for doctors on the effective
management of drugs for their patients (relevant excerpts are included at Annex A).

I am grateful to you for bringing the circumstances of Mr Phillips’ death to my
attention and hope that you find this reply helpful.

(. Gs
Nee te

ALISTAIR BURT

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