Prevention of Future Deaths reports · 2019

John Pearce

Regulation 28 report to prevent future deaths, reference 2019-0068, written 25 Feb 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report25 Feb 2019
Reference2019-0068
DeceasedJohn Pearce
CoronerEdwin Buckett
Coroner areaInner North London
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedWhittington Health NHS Trust · Central and North West London NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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

Regulation 28:  Prevention of Future Deaths report 

John William Pearce (died 21.9.2018) 

THIS REPORT IS BEING SENT TO: 

Ms Claire Murdoch 
Chief Executive 
Central & North West London Foundation Trust 
350 Euston Road 
London NW1 3AX 

1 

CORONER 

I am:   Edwin Buckett 
           Assistant Coroner  
           Inner North London 
           Poplar Coroner’s Court 
           127 Poplar High Street 
           London  E14 0AE 

2 

CORONER’S LEGAL POWERS 

I make this report under the Coroners and Justice Act 2009,  
paragraph 7, Schedule 5, and  
The Coroners (Investigations) Regulations 2013, 
Regulations 28 and 29. 

3 

INVESTIGATION and INQUEST 

On  23rd  October  2018  Senior  Coroner Hassell  began  an  investigation 
into  the  death  of  John  William  Pearce  who  died  aged  90  on  the  21st 
September, 2018 at University College Hospital, London. 

The investigation concluded at the end of the inquest on 25th February 
2019, conducted by myself, Assistant Coroner Edwin Buckett. 

I made a determination at inquest that the deceased died as a result of 
a sepsis which was caused by osteomyelitis which in turn was caused 
as a result of a left knee wound, sustained as a result of an accident in 
April, 2018. 

4 

CIRCUMSTANCES OF THE DEATH 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1.  The  deceased  was  a  frail  90  year  old  man  with  a  past  medical 
history of hypertension, COPD, alcohol dependence and falls. He 
was chair/bedbound, lived alone and had carers attending on him 
4  times  a  day  with  the  District  Nurse  team  attending  on  him 
regularly. 

2.  On  a  date  in  April,  2018  he  sustained  an  injury  to  his  left  knee 
which  somehow  came  into  contact  with  a  metal  safe  in  his 
property. 

3.  On  the  20th  July,  2018  he  was  admitted  to  University  College 
Hospital where a wound to that knee was identified but it did not 
appear  infected  and  X-rays  taken  at  the  time  did  not  suggest 
osteomyelitis. 

4.  The  deceased  was  discharged  from  hospital  case  on  21st  July, 
2018 and seen by the NHS Trust District Nursing team for a period 
of about 2 months until he was re-admitted to hospital on the 15th 
September, 2018. 

5.  During the course of that 2 month period, the District Nurse team 
recorded his left knee wound as increasing in size and debriding. 
Photographs taken of that wound on various dates leading up to 
the 24th August, 2019 revealed a very severe knee injury. 

6.  The last Tissue Viability Nurse to attend on the deceased was on 
the 24th August, 2018. His left knee wound was identified as deep 
dermal, debriding and necrotic. 

7.  On the 15th September, 2018 the deceased was taken to hospital 
where he was recorded as having a Grade 4 ulcer to the left knee. 
X-rays taken on admission indicated suspected osteomyelitis. 

8.  The deceased’s condition deteriorated and he died in hospital on 

the 21st September, 2018. 

9.  The Post Mortem report in this case confirms that that trigger for 
the  ultimate  cause  of  death  was  ulceration/pressure  sores  and 
that sections of the patella from the left knee showed inflammatory 
infiltrate in keeping with osteomyelitis. 

10. I  found  that  the  source  of  the  cause  of  death  was  the  left  knee 
injury  which  worsened  significantly  in  the  2  months  before  his 
death. 

2 

 
 
 
 
 
 
 
 
 
 
 
 
 11.  It  is  clear  to  that  he  should  have  been  admitted  to  hospital  far 
earlier than the 15th September, 2018 and that earlier treatment of 
his knee injury may have prevented his death, notwithstanding his 
co-morbidities and advanced age. 

12. I was not able to conclude that earlier intervention would have, on 
the  balance  of  probabilities,  saved  or  prolonged  life  but  the 
evidence  in  the  case  came  very  close  to  a  conclusion  of  that 
nature. 

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 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.  

Evidence was given by medical staff from the District Nursing Team of 
the Central and North West London NHS Foundation Trust: 

1.  Staff  from  the  District  Nursing  Team  (Nurses,  HCAs,  Tissue 
Viability Nurses and Nursing Assistants) attended on Mr Pearce 
at his home address fairly  regularly between 21.7.2019 and the 
15.9.2018. 

2.  On  many  of  those  visits  photographs  and  measurements  of  his 

left knee wound were taken; 

3.  The  condition  of  that  wound  severely  worsened  during  this  2 
month period to such an extent that tendons and bone were visible 
yet  he  was  never  urgently  referred  to  hospital  until  carers  (who 
provided  a  separate  care  service  to  the  Trust)  contacted  the 
emergency services on the 15th September, 2018. 

4.  The Post Mortem examination of Mr Pearce revealed (inter alia) 
that  the  left  knee  included  (a)  a  wound  which  measured  12  x 
7.5cm  exposing  the  patella,  and  (b)  ulceration  exposing  the 
tendon measuring up to 7cm. 

5.  Despite the clear and obvious worsening condition of his left knee, 
the deceased was last seen by a Tissue Viability Nurse on the 24th 
August,  2018.  The  left  knee  would  was  seen  by  a  nurse  who 
attended on Mr Pearce on the 20th August, 2018 who described it 
as “really bad”. 

3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 I am concerned that: 

(a) There was no clear instruction, protocol or system which assists 
nursing staff in dealing with elderly patients who suffer from open 
wounds  which  worsen  over  time,  as  to  when  the  emergency 
services  should  be  contacted.  It  is  clear  that  the  staff  were 
following a Tissue Viability Nurse care plan, but no-one appeared 
to  recognise  the  severity  of  the  injury  and  the  fact  that  tendons 
and bone were exposed; 

(b) There were insufficient attendances on Mr Pearce by the District 
Nurse  Team  when  it  appeared  to  be  decided  that  he  would  be 
visited at more frequent intervals; 

(c) Too much emphasis was placed on Mr Pearce’s own view that he 
did not like hospitals and did not want to go there, even though he 
was  noted  to  be  an  individual  who  had  difficulty  expressing 
himself; 

(d) There was no clear evidence that photographs taken of the wound 
were shared with other agencies or the deceased’s GP, such that 
another view could be taken of those wounds so as to consider 
whether  the  emergency  services  should  become  involved  as  a 
matter of urgency.  

6 

ACTION SHOULD BE TAKEN 

In  my  opinion,  action  should  be  taken  to  prevent  future  deaths  and  I 
believe that 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 24th April 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. 

8 

COPIES and PUBLICATION 

I have sent a copy of my report to the following. 

  HHJ Mark Lucraft QC, the Chief Coroner of England & Wales 

4 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 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 

DATE     25.2.2019                                         SIGNED BY ASSISTANT 
CORONER EDWIN BUCKETT 

5

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 Cnwl NHS Trust (PDF)
INHS|

Central and

North West London
NHS Foundation Trust

Executive Office
Tel: 020 3214 5760

24 April 2019

Mr Edwin Buckett

Assistant Coroner Inner North London
Poplar Coroner’s Court

127, Poplar High Street

London E14 0AE

Dear Mr Buckett,

RE: REGULATION 28: REPORT TO PREVENT FUTURE DEATHS FOLLOWING
THE INQUEST OF MR JOHN WILLIAM PEARCE

| write in response to the Regulation 28 Report issued on 25 February 2019 following
the inquest into the death of Mr John William Pearce.

Central and North West London NHS Foundation Trust (CNWL) deeply regret the
death of Mr Pearce and apologise for any failings in the care we provided.

The Regulation 28 report identified four concerns which | have identified in bold
below followed by the Trust response:

“There was no clear instruction, protocol or system which assists nursing staff
in dealing with elderly patients who suffer from open wounds which worsen
over time, as to when the emergency services should be contacted. It is clear
that the staff were following a Tissue Viability Nurse care plan, but no-one
appeared to recognise the severity of the injury and the fact that tendons and
bone were exposed”

CNWL has a Lower Limb and Leg Ulcer Management Policy which was published in
October 2018 and gives detailed instructions on the management of lower limb
wounds, including traumatic non healing wounds as seen in this case. The purpose
of the policy is to standardise lower limb and leg ulcer management strategies
across the Trust in accordance with NICE (2016), Best Practice Statement (2016)
and RCN (2006) guidance.

Trust Headquarters, 350 Euston Road, London NW1 3AX
Telephone: 020 3214 5700
www.cnwi.nhs.uk

Be SS os Wellbeing for life

 =POwnye') PARTNERSHIP London Milton Keynes | Kent | Surrey | Hampshire

It is completely unacceptable that this policy was not consistently adhered to by the
staff involved in Mr Pearce’s care. In response to this, the Divisional Director of
Nursing and the Inner London Lead Nurse met with the team involved in this
gentleman’s care on 19 March 2019 to discuss the findings of the PFD, reiterate the
policy and assess any further support required in ensuring the above policy is
followed in the future.

In the meeting on 19 March, the policy was discussed in detail alongside
reinforcement of individual roles and responsibilities for escalating any deterioration
in a patient’s condition. This included reiteration of the role of emergency services
and the need outlined in this policy which requires the attendance on every third visit
by a qualified nurse or senior nurse; ensuring a thorough re-assessment is
undertaken and any risk factors which may contribute to delayed healing are
identified early and appropriately managed in line with the policy.

A further follow up meeting is planned with the team on 3 May 2019 to assess how
the team have embedded learning from this incident to date including their local
processes for ensuring that at handovers, deteriorating patients are identified in a
systematic manner.

All of our district nurses complete annual refresher training on wound care
management. There is a competency framework in place for health care assistants
and district nurse team leaders are responsible for ensuring that their staff are
competent. In light of these findings, the Lead Nurse will oversee a programme for
reassessment of competence and this will be completed for all staff by 1 June 2019.

In addition, a Trust-wide clinical message will be cascaded out to all community
nursing teams reminding them of the policy requirements, consent and capacity and
escalation processes.

There were insufficient attendances on Mr. Pearce by the District nurse Team
when it appeared to be decided that he would be visited at more frequent
intervals”

Whittington NHS Trust currently provide the specialist tissue viability service for
complex wounds to Camden residents and were directly involved in the care
delivered to Mr Pearce. As the specialist service, they advise our district nursing
teams on the wound care plan and frequency of visits. We are therefore sharing, and
working together, with the Whittington NHS Trust in the learning from this case.

Where a patient is clinically assessed and the condition of any wound is noted to be
significantly deteriorating, we fully acknowledge that the capacity and best interest of
the patient must be clearly assessed on each occasion and the records must
evidence that this has occurred.

Where the clinical advice indicates an enhanced level of visits, the decision to
reduce the level of visits should only be taken following evidence that the potential
consequences for the patients’ well-being have been detailed in full to the patient
and the risk to the patient discussed with those involved in the patients care.

Through the meetings already underway and being planned we have reinforced the
requirement for all involved parties — in this case our district nursing service, the GP
and the Whittington NHS Trust to consider better how to ensure the care continues
to be delivered in the best interest of the patient and the required frequencies of
attendances.

As above, the requirement of the policy that every third visit should be undertaken by
a qualified nurse or senior nurse; ensuring a thorough re-assessment is undertaken
and any risk factors which may contribute to delayed healing are identified has also
been further reinforced with the team.

“Too much emphasis was placed on Mr Pearce’s own view that he did not like
hospitals and did not want to go there, even though he was noted to be an
individual who had difficulty expressing himself”

This case has highlighted the difficulties of safely managing patients who decline
care against clinical advice. In cases where health workers believe the patient is
making unwise decisions against hospital admission and more frequent visits in
his/her own home, we provide specific safeguarding advice and will now consider
how best to adapt our existing Mental Capacity Act (MCA) training to support the
application of the MCA, and best interests need to be made on each occasion when
the patient is declining appropriate clinical care.

Where there is continued refusal but capacity is still observed and recorded, we will
ensure there is further escalation. The requirement of the CNWL Lower Limb Policy
referred to above that every third visit should be undertaken by a qualified nurse or
senior nurse must be followed.

We are tightening our process for ensuring that there is formal and regular mental
capacity assessment at the point that treatment decisions of consequence are being
made and recorded accurately in our clinical records.

We already run regular peer reviews across community services. As part of this
process, we will also now ensure that on each peer review, a sample of notes is
audited to assess completeness and accuracy of documentation.

On 10 April, the CNWL Trust Deputy lead for safeguarding adults and MCA met with
the team to follow up how community staff should be making their assessment of
capacity and consideration of best interests when seeing patients in their home
environment. The actions to be taken where the health of patients is observed to be
deteriorating and how that risk should be effectively managed, has been reinforced.

During May our Safeguarding Adults lead will also be providing additional bespoke
training for capacity and best interest in community settings including supporting
clinicians with necessary documentation.

As identified above, the learning from this case will be shared across the Trust as
part of our “clinical message of the week” process during the next month. The case
will also be shared at a planned learning event with staff, GP and colleagues from
Whittington Health on 9 May 2019.

CNWL operates a Trust-wide Pressure ulcer board and, during June, this forum will
also be used to cascade learning around escalation of deteriorating wounds,
capacity and best interest assessments.

“There was no clear evidence that photographs taken of the wound were
shared with other agencies or the deceased’s GP, such that another view
could be taken of those wounds so as to consider whether the emergency
services should become involved as a matter of urgency”

Photographic evidence was regularly taken and consent to photography was
recorded with all photographs being uploaded to the clinical recording system
(Systmone). The process already in place ensures that any photographs can be
reviewed by the Whittington NHS Trust who currently provides the specialist tissue
viability service to Camden residents and were involved in the care delivered. As
mentioned above, we are working with the Whittington to address the learning from
this case and are due to meet with them on 9" may as highlighted above.

Due to the GPs using a different recording system (EMIS), the GP would not
automatically be able to access the photographs. We recognise that it is not practical
or necessary to share all photographs of wounds automatically with every GP. As
part of the escalation where a patient’s condition is seen to be deteriorating, the
requirement for sharing information, including photographs, is expected and would
take place via secure email. This has been reinforced to our staff as part of the
meeting in March and will be again reinforced at the follow up session in May.

The ability to share photographs of deteriorating wounds with both the specialist
service and the GP will provides a further level of scrutiny to decision making
regarding the need or otherwise of involvement of emergency services.

CNWL has a deteriorating patient policy which identifies actions staff need to take to
identify when patients clinical condition changes. The policy requires that staff in
adult services use the National Early Warning Score (NEWS2) tool which directs
staff to seek emergency help. CNWL will re-train members of the team in the use of
this tool by the end of May 2019.

The Lead Nurse will oversee a 3 month action plan to ensure that the improvements
required, as outlined above, are embedded in this team. She will be required to
formally report back, at the end of the 3 month period to the Divisional Board as part
of our assurance process.

| hope this provides you with sufficient assurance that the Trust is taking decisive
action to improve care for patients in the community with this type of injury. If you
have any questions or comments, please do contact me directly on the details

above.

Yours sincerely,

Claire Murdoch
Chief Executive

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