Prevention of Future Deaths reports · 2019

Malcolm Rathmell

Regulation 28 report to prevent future deaths, reference 2019-0059, written 20 Feb 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report20 Feb 2019
Reference2019-0059
DeceasedMalcolm Rathmell
CoronerJane Gillespie
Coroner areaNottinghamshire
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

ANNEX A 

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS (1) 

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

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  Chief Executive of Nottinghamshire University Hospitals NHS 

Trust  

1  CORONER 

I am Jane Gillespie, assistant coroner, for the coroner area of 
Nottinghamshire

2  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. 

3 

INVESTIGATION and INQUEST 

On 03.10.2018 I commenced an investigation into the death of Malcolm 
John Lupton Rathmell, aged 79. The investigation concluded at the end of 
the inquest on 08.02.19. The conclusion of the inquest was a narrative 
conclusion;  

On the 2nd day of April 2018 Malcolm Rathmell died of bronchopneumonia 
developed  as  a  result  of  a  prolonged  period  of  immobility.  This  was  the 
result of a hip fracture sustained two days prior to Mr Rathmell’s admission 
to  the  Queens  Medical  Centre  on  14th  March  2018,  which  was  not 
diagnosed  until  20th  March  2018.  Whilst  in  hospital  Mr  Rathmell  was 
incorrectly prescribed warfarin on 4 or 5 occasions between 14th and 20th 
March 2018 when another’s patient’s anti-coagulation chart was incorrectly 
labelled with Mr Rathmell’s name. This led to a significant retroperitoneal 
bleed  which  contributed  to  Mr  Rathmell’s  death  at  the  Queens  Medical 
Centre, together with his past medical history of chronic kidney disease and 
hypertensive heart disease. 

4  CIRCUMSTANCES OF THE DEATH 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Malcolm Rathmell was admitted to the Emergency Department at Queens 
Medical Centre on 14.03.18 following a fall at home two days previously. 
He was complaining of right hip pain. He was transferred to ward B3 at 
approximately 9.30pm the same day. An x-ray of his hip and chest had 
not revealed any fracture and the working diagnosis was a collapse of 
unknown cause and muscular pain. In the days that followed, it was 
considered that Mr Rathmell’s pain was disproportionate to the diagnosis 
and he was sent for an MRI which was delayed. On 20.03.18 it was 
confirmed that he had a fracture of the right pubis and right inferior pubic 
ramis. Also on ward B3 was another patient, who will be referred to as 
Patient B. Patient B had been admitted due to acute delirium and had a 
history of atrial fibrillation. He required warfarin and an anti-coagulation 
chart had been created for Patient B. At some point after Patient B’s chart 
was created at 10.10pm on 14.03.18, the chart was labelled with Mr 
Rathmell’s name and details. As a result, between 14.03.18 and 20.03.18 
Mr Rathmell incorrectly and unnecessarily received 4 or 5 doses of 
warfarin. This was not identified by any of the multi-disciplinary team 
involved with Mr Rathmell until a pharmacy check on 22.03.18 revealed 
the mistake. Mr Rathmell started to suffer from retro-peritoneal bleeds on 
25.03.18 and this continued until 27.03.18. Mr Rathmell passed away on 
02.04.18. The cause of death was:  
1a. Bronchopneumonia 
1b. Pelvic fracture  
2  Chronic kidney disease, hypertensive heart disease, retroperitoneal 

haemorrhage  

, Pathologist gave oral evidence and stated that he could find no 

origin for the bleed during the post mortem examination, and the 
haemorrhage was therefore likely spontaneous, due to a rupture without 
evidence of trauma and therefore, on the balance of probabilities, this 
indicated that the bleed was due to the warfarin treatment. I found, 
therefore, that the unnecessary warfarin treatment contributed to Mr 
Rathmell’s death.

 
 
 5  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 could 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 Rathmell was treated and reviewed by a number of medical 
professionals from various disciplines between 14.03.18 and 
22.03.18. No one identified during that time that he was being 
prescribed warfarin incorrectly. 

(2) It has not been possible to identify when Patient B’s anti-

coagulation chart was labeled with Mr Rathmell’s details, save that 
it is likely, on the balance of probabilities, that it took place on ward 
B3 between 1.30pm on 15.03.18 and 4.06am on 16.03.18.  
(3) It has not been possible to establish how or why this happened 
despite an extensive investigation by the Trust and a detailed 
enquiry during the inquest.   

(4) There was no ward based pharmacy review between 15.03.18 and 

22.03.18.  

(5) The proposed actions being considered by the Trust to address the 
issue of incorrect prescribing are in their infancy and other than 
sharing the learning from the SI report, no other changes or action 
has been implemented to address the risk of future deaths. 

6  ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I 
believe you and/or your organisation have the power to take such action.  

7  YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date 
of this report, namely by 17.04.19. 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. 

 
 
 
 
 
 
 
 
 
 8  COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner and to the following 
Interested Persons: 

Health Safety Investigation Branch (HSIB)   

 – Mr Rathmell’s sons 

I 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. 

9 

Miss Jane Gillespie 
Assistant Coroner for Nottingham and Nottinghamshire 
20.02.2019

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