Prevention of Future Deaths reports · 2016

Marina Fagan

Regulation 28 report to prevent future deaths, reference 2016-0162, written 22 Apr 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report22 Apr 2016
Reference2016-0162
DeceasedMarina Fagan
CoronerR Brittain
Coroner areaInner North London
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:

(1) The Right Honourable Jeremy Hunt, Secretary of State, Department of Health,
Richmond House, 79 Whitehall, London.

CORONER

lam R Brittain, Assistant Coroner for inner North London

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.

INVESTIGATION and INQUEST

Marina Fagan died on 6 October 2015, aged 50 years, from a rare but severe neurological
disorder, Posterior Reversible Encephalopathy Syndrome/Reversible Cerebral
Vasoconstriction Syndrome (hereafter PRES). An inquest into her death was heard on 22
April 2016, at which | recorded a conclusion of natural causes.

CIRCUMSTANCES OF THE DEATH

Ms Fagan was admitted to hospital on 17 September 2015, suffering with a headache.
She was discharged on 19 September after investigations ruled out a subarachnoid
haemorthage. On that day she reattended the Accident and Emergency department of the
same hospital suffering from headache and was discharged after a neurological
examination showed no abnormalities. A recommendation was made to her GP to refer
her to neurology outpatients.

This referral was undertaken on 24 September but Ms Fagan reattended hospital on 25
September with further headache symptoms. She became confused on 26 September but
it was not until 29 September that a clinical review demonstrated the presence of visual
loss and eye movement palsy. An MRI was undertaken on 30 September, which
demonsrated PRES; transfer to a tertiary care hospital occurred.

Despite supportive treatment Ms Fagan died from PRES on 6 October 2015.
CORONER'S CONCERNS

During the course of the inquest the evidence revealed matters giving rise to concem. 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) [heard evidence from the neurologist who treated Ms Fagan that, had the headache
been persisting on 19 September (which was unclear from the evidence), then he would
have expected to be involved in her care, He went on to state that an MRI would have
been requested on that day. He also set out his expectation that neurology input should
have been initiated after Ms Fagan developed confusion on 26 September, at which point
an MRI would also have been requested. However, it was clear from his evidence that,
even had PRES been diagnosed earlier, it would not have been treatable, given the
severity of the condition.

This witness set out his concer that, nationwide, there are insuffient neurologists to
provide necessary specialist care. He noted that in the out of hours setting, although there
were neurologists available the nearby tertiary care hospital, none were on-call in the
hospital to which Ms Fagan was initially admitted.

Ms Fagan's general practitioner set out that the current waiting time to see a neurologist in
the outpatient setting, is 72 days.

Given the issues regarding availability of specialist neurological care, | am concerned that
future deaths will occur in similar circumstances.

ACTION COULD BE TAKEN

In my opinion action could be taken to prevent future deaths and | believe that the
addressee, has 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 17 June 2016. |, 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, Ms Fagan's family and Barts Heaith
NHS Trust.

| 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.

Assistant Coroner R Brittain mA Ll

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)
in From Ben Gummer MP
‘ Parliamentary Under Secretary of State for Care Quality

Department Richmond House
of Health 79 wrierll
POC 1032028 SW1A 2NS

Tel: 020 7210 4850
DrI R. Brittain
Assistant Coroner
St Pancras Coroner’s Court
Camley Street
London ~\

N1C4PP
[(¢ June 2016
| ( (i be

Thank you for your letter of 22 April 2016, following the inquest into the death of
Marina Fagan.

I was sorry to hear of Ms Fagan’s death and wish to extend my sincere condolences to her
family.

Posterior Reversible Encephalopathy Syndrome (PRES) is a rare disease, which I
understand was first described only in 1996, and differential diagnosis can be difficult.
This means that many other common conditions can present with very similar symptoms
to PRES. I understand that you heard evidence that in Ms Fagan’s case her condition was
so severe that, even had a diagnosis been made earlier, the outcome was unlikely to have
been different.

I note your concerns about the availability of neurologists locally and nationally. You had
particular concerns about the time taken to see a neurologist in an outpatient setting and
the availability of on-call neurologists in hospitals.

It is the responsibility of providers to ensure that they have appropriate staffing levels to
meet the needs of their patients. The availability of neurologists locally is therefore for
Barts Health NHS Trust to address.

On a national basis, Health Education England (HEE) plans the future workforce. HEE
has consistently invested in the commissioning of training places in neurology and
intends to commission 219 training places in 2016/17, a small rise from 217 in both
2014/15 and 2015/16.

Turning to waiting times, the NHS Referral to Treatment (RTT) waiting time standard is
that 92% of patients should wait no more than 18 weeks before starting consultant led

treatment for non-urgent conditions. This would be the case for outpatient appointments,
which would by definition be non-urgent.

Where this is not possible, the NHS should take all reasonable steps to offer a range of
suitable alternative providers able to see or treat the patient more quickly than the original
provider, if this is what the patient wants and it is clinically appropriate. Commissioners
are not obliged to take all reasonable steps to find an alternative provider if the patient
does not ask for this. Some patients will wait longer than 18 weeks by choice, for
personal or social reasons, or because this is clinically appropriate.

Data is collected and published by NHS England to monitor performance against the
standard, across all specialties in England, and for 18 high volume specialties including
neurology.

At the end of February 2016, 92.1% of patients on an incomplete pathway, and 92.3% of
patients on an incomplete neurology pathway, were waiting less than 18 weeks. Ona
national level therefore, the waiting times for neurology meet the operational waiting time
standards.

Further figures show the average (median) waiting times to start consultant-led treatment
in February 2016 were:

e in an admitted patient setting: 10.3 weeks for all specialties and 3.1 weeks for
neurology
e inn outpatient setting: 5.9 weeks for all specialties and 6.2 weeks for neurology.

Clinical priority is the main determinant of when patients should be treated and clinicians
need to make informed treatment decisions so that patients do not experience undue delay
at any stage of their referral, diagnosis or treatment. Patients should be treated according
to clinical priority and then normally in the chronological order of when they were added
to the waiting list.

I hope that this reply is halpful and I am grateful to you for bringing the circumstances of
Ms Fagan’s death to myattention,

BEN GUMMER

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