Prevention of Future Deaths reports · 2016

Richard Breatnach

Regulation 28 report to prevent future deaths, reference 2016-0330, written 15 Sep 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report15 Sep 2016
Reference2016-0330
DeceasedRichard Breatnach
CoronerVeronia Hamilton-Deeley
Coroner areaBrighton and Hove
CategoryAlcohol, drug and medication 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.

VERONICA HAMILTON-DEELEY, LL.B. THE CORONER’S OFFICE
Her Majesty’s Senior Coroner WOODVALE, LEWES ROAD
for the City of Brighton & Hove BRIGHTON

BN2 3QB

Assistant Coroners

CATHARINE PALMER LL.B (HONS)
KAREN HENDERSON, BSC,BM,MRCPI,FRC. .
GILVA D.J.TISSHAW, BA(LAW)HONS

Telephone: Brighton (01273) 292046
Fax: Brighton (01273) 292047

a

CORONERS SOCIETY OF ENGLAND AND WALES
ANNEX A
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1)

NOTE: This form is to be used after an inquest.

REPORT IS BEING SENT TO:

1. EE 41 8 Healthcare Limited, v Jame 4 - 1100,

Prague 1. Czech Republic.

2. TER HR Healthcare Limited, The Office, Britannia Way,
Bolton. Lancashire. BL2 2HH.

3. Professor Sir Bruce Keogh, KBE, MD, DSc, FRCS, FRCP,
National Medical Director, NHS England, Skipton House, 80 London
Road, SE1 6LH.

CORONER

lam Veronica HAMILTON-DEELEY, Senior Coroner, for the City of Brighton and
Hove

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.

INVESTIGATION and INQUEST

On 24" August, 2016 | commenced an investigation into the death of Philip Richard
David BREATNACH otherwise Richard BREATNACH. The investigation concluded
at the end of the inquest on 24" August, 2016. The conclusion of the inquest was
MISADVENTURE (DEPENDENCE ON DRUGS)

VERONICA HAMILTON-DEELEY, LL.B.
Her Majesty’s Senior Coroner
for the City of Brighton & Hove

THE CORONER’S OFFICE
WOODVALE, LEWES ROAD
BRIGHTON

BN2 3QB

Assistant Coroners

CATHARINE PALMER LL.B (HONS)
KAREN HENDERSON, BSC,BM,MRCPI,FRC. .
GILVA D.J.TISSHAW, BA(LA W)HONS

Telephone: Brighton (01273) 292046
Fax: Brighton (01273) 292047

4
CIRCUMSTANCES OF THE DEATH
See Record of Inquest

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) Mr Breatnach (and anybody else) is able to apply online for medications

(2) That applying online, if the application form is not thoroughly checked ,
allows the applicant to lie or give false or misleading answers to critical
questions which is what Mr Breatnach did.

(3) There was no evidence that the prescriber made any effort to contact Mr
Breatnach’s GP to find out if the answers that he gave were true.

(4) Prescribing Dihydrocodeine, a potentially addictive drug, used for the
treatment of moderate to severe pain to a patient who the prescriber has
never seen appears to fly in the face of good prescribing practice.

(5) The amount of Dihydrocodeine prescribed appears to be excessive.

(6) understand from the evidence that | heard at the Inquest that
Dihydrocodeine should not be prescribed for migraine which is the reason
Mr Breatnach gave for asking for this medication.

(7) The instructions were that the Dihydrocodeine should be taken every four to
six hours as required. The evidence at the Inquest was that taking
Dihydrocodeine in this way, potentially suggesting that eight tablets could
or should be taken every twenty four hours until the whole of the one
hundred and twenty six tablets given are used up is | heard not the way
Dihydrocodeine should be prescribed.

(8) Prescribing this number of tablets would therefore seem to be completely
inappropriate and fails to understand that medications such as
Dihydrocodeine can be used as currency. The medication came in three
packets — one containing one hundred tablets and the other two containing
twenty eight tablets each. The two packets containing twenty eight tablets

VERONICA HAMILTON-DEELEY, LL.B.
Her Majesty’s Senior Coroner
for the City of Brighton & Hove

THE CORONER'S OFFICE
WOODVALE, LEWES ROAD
BRIGHTON

BN2 30B

Assistant Coroners

CATHARINE PALMER LL.B (HONS) _
KAREN HENDERSON, BSC,BM,MRCPI,FRC. -
GILVA D.J.TISSHAW, BA(LAW)HONS

Telephone: Brighton (01273) 292046
Fax: Brighton (01273) 292047

each were never found and this raises the possibility that Mr Breatnach
was able to sell them, although | have no evidence that he did.

(9) This way of prescribing completely undermines the diligent and careful
GP’s efforts to control this man’s medication over use.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you
AND your organisation 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 2"! December 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 and to the following Interested
Persons

1.
2.

3. Secretary of State for Health, Department of Health
4. Simon Stevens, Chief Executive NHS England
5. National Patient Safety Agency

| have also sent it to:-
6. a General Pharmaceutical Council
7. Royal Pharmaceutical Society
8. EE General Medical Council
9. ER Sussex Police
(OEE GP Brighton

Who may find it useful or of interest.

THE CORONER’S OFFICE
WOODVALE, LEWES ROAD
BRIGHTON

BN2 3QB

VERONICA HAMILTON-DEELEY, LL.B.
Her Majesty’s Senior Coroner
for the City of Brighton & Hove

Telephone: Brighton (01273) 292046
Fax: Brighton (01273) 292047

Assistant Coroners

CATHARINE PALMER LL.B (HONS)
KAREN HENDERSON, BSC,BM,MRCPLFRC. _
GILVA D.J.TISSHAW, BA(LAW)HONS

| 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.

Date: 15' September 2016 SIGNED ev: [ofeaaue.
ON- elo

Veronica HAMIL
Senior Coroner Brighton and Ho

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)
RECEIVED
28 NOV 2016

Veronica Hamilton-Deeley, LL.B

England

Professor Sir Bruce Keogh
National Medical Director
Skipton House

80 London Road

SE1 6LH

Senior Coroner for City of Brighton&
Hove

The Coroner's Office

Woodvale

Lewes Road

Brighton

BN2 3QB 2utn November 2016

Your ref: as

Dear Ms Hamilton-Deeley,

Thank you for your letter of 15" September 2016 and the réport written under
Paragraph 7, Schedule 5 of the Coroners and Justice Act 2009 and Regulations
28 and 29 of the Coroner's (investigations) Regulations 2013, setting out the sad
circumstances surrounding the death of Mr Breatnach.

| note there are nine express concerns set out by the Coroner in the Regulation
28 report which generally concern the prescribing of drugs on-line.

it may be helpful if | explain that NHS England is formally known as the NHS
Commissioning Board in legislation (Section 9 Health & Social Care Act 2012
amending Sections 1G & 1H of the NHS Act 2006). The Board’s functions and
duties are set out in that legislation too and include a duty in respect of
commissioning arrangements for NHS services. These include commissioning
primary care services (including general practice and pharmacy), managing
performer's lists and maintaining the pharmaceutical list. We also have
responsibility for ensuring that primary care contractors work within the terms of
their contract, or for pharmacies under their Terms of Service which are outlined
in the NHS (Pharmaceutical and Local Pharmaceutical Services) Regulations
2013) and can take action such as issuing breach notices and requiring action or
withholding payments in certain circumstances.

As noted in my letter of 27th July 2016, NHS England has, what may be termed,
a “systems oversight” role for the safe use of controlled drugs (including
dihydrocodeine) under the Controlled Drugs (Supervision and Management of
Use) Regulations 2013. We raised the issues arising from this case at the Care
Quality Commission National Controlled Drugs Group on 14th June 2016 and
hosted a multiagency meeting to discuss these issues further on 2nd November
2016. Representatives from the Police Force, Care Quality Commission,
Department of Health, General Medical Council, General Pharmaceutical
Council, Medicines and Healthcare products Regulatory Agency, NHS England,
NHS Improvement and the British Medical Association General Practitioners

High quality care for all, now and for future generations

Committee attended (a full list of attendees is set out in Annex 1 and a brief
explanation of the role of each of the organisation to assist the Coroner in
understanding the nature and extent of various Regulatory bodies involved in this
issue.

The group agreed to work together to assimilate current regulatory and
professional guidance into one place so there is greater clarity regarding good
practice in respect of online prescribing and supply of medicines giving particular
guidance on medicines such as controlled drugs and antibiotics.

Agencies also shared intelligence on this case. Regulators agreed to work
together further to look at protecting vulnerable patients in future.

NHS England will use this learning to inform its Digital Strategy. We will also
include advice to General Practitioners about Special Patient Notes, which are
used within the integrated urgent care software so alerts can be set up for NHS
111 call handlers and out of hours general practitioners when they access a
particular patient record as part of the Pharmacy Urgent Medicines Supply
service being introduced from ist December 2016.

We will continue to discuss the Coroner's concerns and endeavour to develop
strategies in partnership with other responsible agencies aimed at preventing
future deaths.

Yours sincerely, { -)

4
de Me
Professor Sir Bruce Keogh KBE, MD, DSc, FRCS, FRCP

National Medical Director
NHS England

High quality care for all, now and for future generations

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