Prevention of Future Deaths reports · 2019

Malcolm Shaw

Regulation 28 report to prevent future deaths, reference 2019-0007, written 10 Jan 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report10 Jan 2019
Reference2019-0007
DeceasedMalcolm Shaw
CoronerChristopher Morris
Coroner areaManchester South
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedStockport 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: Ms Helen Thompson, Interim Chief Executive, Stockport NHS
Foundation Trust, Stepping Hill Hospital, Poplar Grove, Hazel Grove, Stockport, SK2 7JE

CORONER

lam Chris Morris, Area Coroner for Manchester South.

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.

http://www. legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7

http://www. legislation. gov.uk/uksi/2013/1629/part/7/made

INVESTIGATION and INQUEST

On 8" March 2018, | opened an inquest into the death of Mr Malcolm Marshall Shaw, who died at
Stepping Hill Hospital, Stockport on 20" February 2018 aged 82 years. The investigation concluded
at the end of the inquest which | heard on 20" August 2018 and 2 January 2019.

At the end of the inquest, | recorded a narrative conclusion that Mr Shaw died as a consequence of
injuries sustained in a fall which occurred whilst he was unobserved. His death was contributed to
by underlying lung disease.

CIRCUMASTANCES OF THE DEATH

Mr Shaw was admitted to Stepping Hill Hospital on 10 February 2018 as a consequence of a general
decline in his condition and hyponatraemia, for which he received treatment on the Acute Medical
Unit. Investigations undertaken whilst on the Acute Medical Unit included a CT scan which showed
evidence of Chronic Obstructive Airway Disease.

In view of Mr Shaw’s medical history together with a raised Troponin level and new changes on an
ECG undertaken on the Acute Medical Unit, a decision was made to admit Mr Shaw to ward A3, a
cardiology ward. Mr Shaw was transferred to ward A3 late on the evening of 13" February 2018.

On transfer to ward A3, Mr Shaw was noted to be confused and agitated, something which
continued throughout the night. At some point between 06:00 and 06:35 on 14" February 2018, Mr
Shaw sustained a fall on ward A3 which was not observed by any of the staff on duty.

Whilst it was not initially thought Mr Shaw had sustained serious injury in the fall, on 15" February
2018, his right leg was noted to be shortened and rotated by the cardiology Senior House Officer.

An X-Ray was then taken which confirmed that Mr Shaw had suffered a fracture to his right femur, in
all probability as a result of the fall on the ward the previous day.

Mr Shaw was referred to the Orthopaedic Surgeons, who listed him for surgery which was planned
to take place on 17" February 2018 subject to optimisation of his condition. He was reviewed by a
Consultant Anaesthetist on 16" February 2018 who considered he was fit for surgery,

notwithstanding an operation would be high risk. When reviewed again on the day of surgery, it
became apparent Mr Shaw's condition had deteriorated dramatically, and surgery was deferred. He
was diagnosed with bronchopneumonia and died on 20" February 2018.

A post mortem examination was performed following Mr Shaw’s death which confirmed he died as a
consequence of:-

la Bronchopneumonia
b Chronic Obstructive Airways Disease and Immobilisation following fractured
right femur
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. —

In view of the fundamental importance of rigorous patient safety investigations whose conclusions
are capable of withstanding logical analysis to improving care, it is a matter of concern that the
Trust’s original investigation into the circumstances of Mr Shaw’s fall (which had presumably passed
through the Trust’s own quality assurance mechanisms) was manifestly and fundamentally flawed.

Whilst the court heard evidence of significant improvements the Trust has made to the way it
undertakes investigations, it is a matter of residual concern that the organisation has yet to launch a
revised programme of investigation training for those who undertake patient safety investigations.

Specifically in relation to cases involving falls, it remains of concern that frontline staff do not appear
to have been provided with any guidance as to how to capture the best available evidence as to the
circumstances of the fall as soon as reasonably possible after the incident. This is a matter of
particular concern bearing in mind the potential benefits such an approach would bring to the
Trust’s ongoing efforts to understand the causes of falls on wards with a view to trying to prevent as
many of them as possible.

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
7'* March 2019. 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

Ihave sent a copy of my report to the Chief Coroner and to
on behalf of Mr Shaws family. | have also sent a copy to of Hill Dickinson
LLP, solicitors to the Trust.

| have sent a copy of my report to the Care Quality Commission, and the Healthcare Safety
investigation Branch who may find it useful or of interest.

|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.

Dated: 10" January 2019.

Signature:

Chris Mor Area Coroner, Manchester South.

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 Stockport NHS Trust (PDF)
7th March 2019 

Mr C. Morris 
H. M. Area Coroner 
Coroner’s Court 
1 Mount Tabor Street 
Stockport 
SK1 3AG 

Dear Mr Morris  

Mr H Mullen 
Deputy Chief Executive/Director of Strategy 
& Planning  
Oak House 
Stepping Hill Hospital 
Poplar Grove 
Stockport 
SK2 7JE 

Telephone: 0161 483 1010                                 
 Direct line: 

E-mail:

Re: Prevention of Future Deaths: Inquest into the death of Mr Malcolm Marshall Shaw 

I am writing in response to concerns raised in your letter dated 10 January 2019  which we received 
following the inquest into the death of Mr Malcolm Marshall Shaw held on 2 January 2019.  

In your letter information was requested in relation to two matters of concern which arose during the 
inquest. 

The launch of the revised programme of investigation training for those who undertake patient 
safety investigations 

I can confirm that programme of investigation training has been developed and launched.   We have 
the following programme in place: 

  Quarterly  Root  Cause  Analysis  training,  delivered  by  the  Trust’s  Quality  Governance  Team.  

 

 

 

This has been in place for a number of years 
In September 2018 the Trust introduced training sessions with an in-depth focus on statement 
gathering and writing. 
In February 2019, we have launched a revision to the training provisioin.  Earlier last year the 
Trust had recognised that it was heavily reliant on a small team in undertaking and leading on 
patient safety investigations and therefore widened participation to include other staff.   
In February 2019 the Trust has implemented a check list to be completed at the time the panel 
meet to hear the final investigation report.  The check list, advocated as best practice by  NHS 
Improvement, supports the Executive Director in identifying if the key requirements for a good 
investigation  have  been  met  during  the  investigation.    The  checklist  includes  identification  of 
the  training  status  of  the  investigation  team;  that  is  whether  they  have  received  appropriate 
training.  

  A training session is to be held with the Executive Directors on 12 March 2019, this will support 

consistency of overview and scrutiny of investigations. 

  The  Trust  always  ensures  that  an  appropriately  trained  person  leads  or  facilitates  the 

investigation team when they undertake an investigation into a patient safety incident. 

I  understand  that  during  the  inquest 
  Chief  Nurse  &  Director  of  Quality  Governance, 
explained that in line with the Trust’s Quality Governance Framework, a considerable amount of work 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 had  already  happened  to  address  the  issue  of  consistency  in  investigations,  some  of  this  work  is 
described above. 

  Frontline  staff  do  not  appear  to  have  been  provided  with  any  guidance  as  to  how  to 
capture  the  best  evidence  as  to  the  circumstances  of  the  fall  as  soon  as  reasonably 
possible after the incident 

I understand that 
fall to support staff in these situations.  These have been expanded on further, and include: 

 was able to describe some of the actions put in place since Mr Shaw’s 

 

  Earlier  last  year  the  Trust  developed  a  specific  methodology  aimed  to  support  quality 
improvements,  this  is  called  the  Patient  Safety  Collaborative  approach  and  is  widely 
recognised in the NHS as best practice. 
In June 2018 the Trust launched a Safer Mobility Collaborative aimed at reducing inpatient falls 
by March 2019.  Part of the collaborative included the launch of an immediate assessment of 
the circumstances of the fall, taking statements from staff and talking with the patient to assess 
that all actions to ensure patient safety are in place.  
In January 2019, the Trust further enhanced its approaches to monitoring falls via our Quality 
Safety Leadership Summit, held three times a week. At this meeting, senior nurses are able to 
ensure  that  full  investigations  have  started  and  include  immediate  statements.    The  Trust  is 
pleased  to  report  that  it  continues  to  be  on  target  to  reduce  the  number  of  falls  within  the 
organisation. 

 

I trust that the information provided above is satisfactory to you, please do not hesitate to contact us if 
you require any clarification. 

Yours sincerely 

Hugh Mullen 
DEPUTY CHIEF EXECUTIVE 
DIRECTOR OF STRATEGY & PLANNING 

Page 2 of 2

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