Prevention of Future Deaths reports · 2019

Prabhaker Kapoor

Regulation 28 report to prevent future deaths, reference 2019-0278, written 6 Aug 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report6 Aug 2019
Reference2019-0278
DeceasedPrabhaker Kapoor
CoronerAdam Hodson
Coroner areaBirmingham and Solihull
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedUniversity Hospitals Birmingham 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 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:   

1)  CHIEF EXECUTIVE OF UNIVERSITY HOSPITALS BIRMINGHAM NHS FOUNDATION TRUST 

1 

CORONER 

I am Adam Hodson, Assistant Coroner for Birmingham and Solihull 

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 17/05/2019 I commenced an investigation into the death of Prabhaker Nath  Kapoor. The 
investigation concluded at the end of an inquest on 5th August 2019. The conclusion of the inquest was 
that of a Narrative Verdict, namely, “death due to aspiration of unthickened fluids in hospital.” 

4 

CIRCUMSTANCES OF THE DEATH 

On  19/11/18,  the  deceased  had  an  unwitnessed  fall  at  home  and  was  admitted  to  the  Emergency 
Department  at  Birmingham  Heartlands  Hospital  where  he  was  diagnosed  with  a  fractured  neck  of  the 
right humerus. He was to be admitted to Ward 24 where the fracture was to be treated conservatively 
using a brace. He developed pneumonia due to aspirating food and was treated with IV antibiotics. He 
had previously been assessed in March 2017 by speech and language therapists in the community for a 
pureed diet and thickened fluids due to dysphagia caused by previous stroke, and a Feeding At Risk form 
was  completed  upon  admission  to  Ward  24  on  19/11/2019  for  this  diet  to  continue.  At  04.55  on 
21/11/18,  he  was  found  by  a  member  of  staff  attempting  to  drink  from  an  unthickened  jug  of  water 
which  had  been  left  near  his  bedside.  He  aspirated  an  unknown  quantity  of  the  contents  which 
contributed  to  his  aspiration  pneumonia.  His  condition  rapidly  deteriorated  as  a  result  of  this,  and 
despite appropriate treatment, he died and his death was verified at 08.10 on 21/11/18.. 

Following a post mortem, the medical cause of death was determined to be: 
1a) ASPIRATION PNEUMONIA 
1b) INHALATION OF LIQUID 
2) FRAILTY 
CORONER’S CONCERNS 

5 

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.  –  

I heard evidence that a review of safer swallowing training was to be provided to staff on team training 
days,  and  that  changes  would be made  to  the  MOODLE  training  package  by  the  Speech  and Language 
Manager.  The  RCA report carried  out by  Matron 
  indicated  that this  should  have  been 
completed by 15th May 2019, but in oral evidence it was revealed that this had  not been done, and an 
estimated  timeframe  for  completion  could  not  be  provided  to  me.  Whilst  it  was  suggested  that 
confirmation could be submitted to HM Coroner upon successful completion of this review, HM Coroner 
would  be  functus  officio.  I  therefore  suggest  that  the  Trust  consider  carrying  out  this  review  of  safer 
swallowing and update the MOODLE training package as a matter of urgency. 

6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you 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 1st 
October 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 Chief Coroner and to the following Interested Persons: 

1)  Next of Kin of the deceased 
2)  NHS England 
3)  Clinical Commissioning Group 

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 

06/08/2019 

Signature 

Adam Hodson  
Assistant Coroner 
Birmingham and Solihull

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 Birmingham Hospitals NHS Trust (PDF)
INHS'

University Hospitals Birmingham
NHS Foundation Trust

Trust Headquarters

University Hospitals Birmingham NHS
Foundation Trust

Queen Elizabeth Hospital Birmingham
Mindelsohn Way

Edgbaston

Birmingham, B15 2GW.

Our Ref:SB.KS.LTRKAPOOR.01.10.19
1 October 2019

For the attention of Adam Hodson

Assistant Coroner for Birmingham and Solihull
50 Newton Street

Birmingham

Sent by way of email: birmingham.coroner@nhs.net
Dear Mr Hodson,

Inquest touching the death of Prabhaker Nath Kapoor
Response to Regulation 28 Report to prevent future deaths

| write in response to the Regulation 28 Report made by you following the Inquest into the death of
Mr Kapoor, which concluded on 5 August 2019.

University Hospitals Birmingham NHS Foundation Trust (the Trust) has carefully considered the
concerns raised within your report to prevent future deaths regarding a review of safer swallowing
and update of our Moodle training package.

1. Review of Moodle training
Moodle is an internal training e learning platform used to provide training packages to our staff
on a range of subjects.

A review of the training package had been commenced prior to the death of Mr Kapoor
although it had not been completed at the time of the Inquest. A review has now been
undertaken, and the content of the training package has been updated by our Speech and
Language Therapy team (SLT) to reflect our standard operating procedures relating to
‘dysphagia’ and patients who are ‘nil by mouth’. The training package is currently being
developed and will be available for staff by 21 October 2019. The training package will be
available to both new and existing staff.

The Moodle package is only one way in which we provide training to our staff around safer
swallowing and managing patients with dysphagia. It is an adjunct to a training programme
provided by the SLT team, who provide the following training on an annual basis, or more
frequently if specifically requested:

1) Ward based training for registered and unregistered nursing staff.

Chair: Rt Hon Jacqui Smith Chief Executive: Dr David Rosser

2) Specialist training for patients with disease specific swallowing problems (e.g. head and neck
cancer, Parkinson’s disease etc.).

3) Stroke swallow screening training for specialist nurses who screen patients who have had a
stroke.

4) Junior doctor/Registrar/Consultant training-explaining signs symptoms and ways to manage
swallowing problems.

5) Inservice swallow assessment and management training for allied health professionals.

6) Ward based training to implement the International Dysphagia Diet Standardisation.

2. Review of our training provision

Following this incident a task and finish group was set up, chaired by our Deputy Chief Nurse, to
review safer swallowing practices across the Trust and to review the ongoing work to align our
education provision, policy and procedure documents.

Review of standard operating procedures

A review of our existing standard operating procedures relating to managing patients who are nil
by mouth and managing patients who have dysphagia has been undertaken by our SLT team.

Following review the documents have been updated and we are satisfied that they provide all
our staff with clear guidance, rationale, and clinical expectations when managing and caring for
patients who have dysphagia and/or are placed nil by mouth. There has been consultation with
a consultant oncologist, consultant geriatrician, consultant ear nose and throat surgeon,
palliative care consultant and lead for nursing education. The standard operating procedures
have been reviewed by our task and finish group referred to above and will be reviewed and
ratified by our Operational Quality Assurance Group on 1 October 2019. Following ratification
the documents will be disseminated to all staff via our communications team and will also
appear on our intranet.

All that having been said we recognise that the evidence base for restriction of water in those on
a thickened fluid regime is extremely weak. There is no NICE recommendation in either
direction; NICE simply references a Cochrane systematic review of the limited literature. This
systematic review identifies no evidence of excess risk associated with access to water in this
group of patients. We will continue to review this literature and determine whether our current
procedures remain reasonable. In the meantime we are though clear that trust wide adherence
to current recommendations must be maintained.

Rolling education programme — ‘preventing harm study days’

We have developed ‘preventing harm’ study days which are provided on a monthly basis to both
new and existing staff. The days were created to ensure that all our staff have access to
specialist led training. The session includes, amongst other training, education and training on
the standard operating procedures referred to above.

Practice update
A practice update on ‘managing patients with swallowing difficulties in hospital’ has been

developed and disseminated to all of our staff by our Quality and Clinical Assurance team in
order to raise awareness and minimise the potential risk to patients with dysphagia.

Chair: Rt Hon Jacqui Smith Chief Executive: Dr David Rosser

| would like to assure you that the concerns raised within the Regulation 28 Report have been taken
seriously which | hope is demonstrated by the steps we have taken in reviewing our processes,
guidelines, training and education.

Yours sincerely,

(
AA

Medical Director

Chair: Rt Hon Jacqui Smith Chief Executive: Dr David Rosser

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