Prevention of Future Deaths reports · 2016

Leilani Chute

Regulation 28 report to prevent future deaths, reference 2016-0251, written 15 Jul 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report15 Jul 2016
Reference2016-0251
DeceasedLeilani Chute
CoronerBridget Dolan QC
Coroner areaWest Sussex
CategoryHospital Death (Clinical Procedures and medical management) related deaths · Child Death (from 2015)
Organisation namedWestern Sussex Hospitals NHS Foundation Trust
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

THIS REPORT IS BEING SENT TO:
1. The Chief Executive, Western Sussex Hospitals NHS Foundation Trust
2. Chief of Service for Women and Children’s Division, Western

Sussex Hospitals NHS Foundation Trust.

St Richard’s Hospital, Spitalfield Lane, Chichester, West Sussex PO19 6SE

CORONER

Iam Bridget Dolan QC, assistant coroner, for the coroner area of West Sussex

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 6 August 2015 the Senior Coroner commenced an investigation into the death of
Miss Leilani Chute. The investigation concluded at the end of the inquest on 30 June
2016.

The conclusion of the inquest was that the medical cause of death was: 1a hypoxic brain
injury and 1b umbilical cord occlusion. I concluded that Leilani Chute died shortly after
her birth from natural causes, however the evidence also led me to find that had the
failure to progress earlier in labour been reported to the consultant, the birth plan would
have been to go directly to a Caesarean Section with delivery by about 14:20 - thereby
avoiding the final cord occlusion and acute hypoxia.

CIRCUMSTANCES OF THE DEATH

1. On the late evening of 4 August following syntocinon augmentation Leilani’s
mother, Mrs Chute, was in active labour. From almost the outset a series of
assessments with a fetal scalp electrode in place noted, or should have noted, that
the CTG tracing was ‘suspicious’ meaning that there was at least one non-reassuring
feature.

2. By 13.40 the following day the cervix was still not fully dilated and had the
consultant obstetrician known or been informed of this he would have described
this as a ‘failure to progress’ at the first stage of labour and so advised that a
Caesarean Section (‘CS’) should be carried out. Furthermore, the baby’s head was
in an unfavourable position deflexed, and the baby was lying in an OP position and
still mid cavity. Delivery could have been achieved by CS in around 30 minutes.

3. What the consultant obstetrician was not made aware of, however, was that the

SHO had tried to manually push the cervix back at 12.30 and the registrar had also
done this at 13.40 and, on the latter occasion, had thereby achieved ‘full’ dilation.
This is not a technique that was endorsed by the consultant obstetrician. The
independent expert obstetrician, | described it as something not in any
textbook and also futile as it did not actually achieve the progression of an arrested
labour.

4. It was against this background that a plan was formed to allow F a further
half an hour of pushing and if that did not achieve delivery to then move on to a
trial of instrumental delivery in theatre followed by CS if necessary.

5. When the plan including instrumental trial was relayed . she said she
would prefer not to have forceps used at delivery. There was an ensuing discussion
with the registrar which, as he accepted, focussed on the risks of caesarean section and on
the benefits of vaginal delivery was not told that her baby was lying in an OP
position and that the risks of failure of instrumental delivery were higher with an OP baby.
Furthermore, as the registrar accepted, when she had emphasised to him that she “Just
wanted what was best for her baby” then, given this clear statement, he should have, but did
not, tell her that to go directly to a CS presented less risk to the baby.

6. Wha took from the discussion was that it was too risky to have a CS and
it was in this context that she agreed to (and signed the form consenting to) a trial in

theatre of instrumental delivery before any CS.

7. The trial of instrumental delivery was not successful and so at around 14.32 the
procedure was abandoned and preparations for a CS were made. Leilani was
delivered at 14.46. Sadly she was in a moribund condition, in a state of terminal
bradycardia and with no other signs of life.

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
citcumstances it is my statutory duty to report to you.

The MATTERS OF CONCERN are as follows. —

(1) That the practice of manually pushing back the cervix was one adopted by two
junior doctors. This practice was not in accordance with standard training and
was conducted without the knowledge of the consultant;

(2) That the manner in which consent was sought from women in labour when there

was a choice to be made between attempted instrumental delivery and going

straight to a CS did not appear to provide them with the relevant facts in order to
come to an informed choice, but presented those facts that favoured the doctot’s
pteferred approach to management.

That neither of the above matters had been identified as a “Care and Service

Delivery problem” by the Trust’s Root Cause Analysis investigation and hence

no steps had been taken by the Trust to address these issues.

3

~

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and I believe your

organisations 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 16 September 2016. 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

I have sent a copy of my report to the Chief Coroner and to the following Interested
Petsons: a parents of Leilani Chute) ~~
Tam 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.

15 July 2016 pp Bridget Dolan

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 Western Sussex Hospital NHS Trust (PDF)
Western Sussex Hospitals INHS

NHS Foundation Trust

St Richard’s Hospital
Spitalfield Lane
Chichester

West Sussex

PO19 6SE

Fax: 01243 531269
| 4 SEP 2016 www.westernsussexhospitals.nhs.uk

12 September 2016

Ms B Dolan QC

Assistant Coroner for the County of West Sussex
Coroner's Office

West Sussex Record Office

Orchard Street

Chichester

West Sussex

PO19 1DD

Dear Ms Dolan
RE: Regulation 28 Report to Prevent Future Deaths — Baby Leilani CHUTE

| write to formally acknowledge receipt of the Regulation 28 report to Prevent Future Deaths and
to respond to your three matters of concern. Please be assured that the specific issues have
been considered in depth by the clinical leadership team, explored further at a very well attended
governance event dedicated to these issues and that an action plan is being implemented. The
concerns are addressed individually below.

1. That the practice of manually pushing back the cervix was one adopted by two junior
doctors. The practice was not in accordance with standard training and was conducted
without the knowledge of the consultant.

i. | Audit of current practice

An audit of instrumental deliveries undertaken in the operating theatre was completed in August
to establish whether manually pushing back the cervix is part of our clinical practice. Case notes
from 641 patients from the Chichester and Worthing sites from the last 12 months were reviewed.

The practice of pushing back the anterior lip of the cervix was used infrequently and found in 15
women most of whom were primiparous. The procedure was usually undertaken by middle grade
doctors rather than midwives or consultants. The vast majority of these women proceeded to
deliver vaginally. No harm was identified from the practice.

Feedback from the audit will now take place at both departmental level and for the individuals
concerned.

ii. | Feedback for the two individuals involved in baby LC’s delivery who used the practice of
manually pushing back the cervix

Initial feedback with the supervising consultants has taken place for both the trainee doctors who
used this procedure prior to them leaving the Trust. Further formal meetings are scheduled to
take place that include their educational supervisors from their time at WSHT and their new
supervisors. Your concerns will also be shared with the deanery to ensure there is wider learning.

iii. | Policy and guidance

A statement has been circulated by email to the medical and midwifery staff highlighting the Trust
position that manually pushing back the cervix is not an acceptable practice.

This has also been highlighted at the maternity safety huddles. Safety huddles are daily meetings
that take place on each ward to raise safety issues with staff and anticipate risk in daily workload.

In addition, local guidelines have been amended to state clearly that pushing back the cervix is
not acceptable practice.

2. That the manner in which consent was sought from women in labour where there was a
choice to be made between attempted instrumental delivery and going straight to CS
did not appear to provide them with the relevant facts in order to come to an informed
choice, but presented those facts that favoured the doctors preferred approach to
management.

i. Policy and guidance

In view of your concerns the Trust has reviewed both the overall Trust guidance and the relevant
specialty guidance on consent. The existing overall Trust guidance gives clear guidance on
informed patient choice and fully reflects the implications of the recent Montgomery judgment.

Work is underway to strengthen the Trust's specialty guidance on instrumental delivery and
caesarean section to fully reflect Royal College of Obstetrics and Gynaecology (RCOG)
guidelines on consent in these specific circumstances and places appropriate emphasis on
informed patient choice.

ii. Training

The service has introduced a more in depth online training module for obstetric staff alongside the
existing Trust mandatory annual online e-learning on consent. The recently introduced EIDO
Healthcare online learning contains a specific module on consent in obstetrics and all obstetric
and gynaecological medical staff are now required to undertake this training every three years.
The uptake of training will be monitored by the Division and a link to the training is shown below.

http://www.beinformedplus.com/
iii. Feedback and learning for the individuals involved in the consent process

See item 1.ii. Reflection on the consent process has formed and will form part of these meetings
with trainees. Other senior staff involved will use the appraisal process for reflection and learning.

3. That neither or the above items had been identified as a ‘Care and Service Delivery
problem’ by the Trust’s Root Cause Analysis investigation and hence no steps had
been taken by the Trust to address these issues.

i. | Processes for planning investigations when perinatal deaths have occurred

A review of existing processes for these investigations is underway using existing models of best
practice from the RCOG and CQC with a half day governance meeting scheduled for October to
consider any emerging proposals. The Trust governance team has also been asked to provide
support for the division to ensure that RCA’s undertaken for Serious Incidents are rigorous and
objective.

From late 2017 it is anticipated the planned NHS England/Department of Health National
Perinatal Mortality tool will become available and will be implemented at the Trust. The newly
developed tool adopts a standardised approach for the investigation of perinatal deaths and will
incorporate national reporting and learning.

We hope that the above provides sufficient assurance that the Trust continues to strive to learn
from Baby Leilani’s death.

Yours sincerely

Marianne Griffiths
Chief Executive

(signed for and on behalf of Marianne Griffiths, by Po Medical Director and acting
Chief Executive)

Related reports

Other reports by Bridget Dolan QC

See all →

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

See all →

Track Western Sussex Hospitals NHS Foundation Trust

See every Prevention of Future Deaths report matching Western Sussex Hospitals NHS Foundation 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.