Prevention of Future Deaths reports · 2021

Raphael Kolbe

Regulation 28 report to prevent future deaths, reference 2021-0029, written 8 Feb 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report8 Feb 2021
Reference2021-0029
DeceasedRaphael Kolbe
CoronerLydia Brown
Coroner areaWest London
CategoryChild Death (from 2015) · Hospital Death (Clinical Procedures and medical management) related deaths
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  

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  The Portland Hospital 

1 

CORONER 

I am Lydia Brown area coroner, for the coroner area of West London 

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 5 November 2019 I commenced an investigation into the death of Raphael 
Maximilian Kolbe. The investigation concluded at the end of the inquest on 5 
January 2021. The conclusion of the inquest was:- 

Medical Cause of Death 
1a Respiratory failure 
1b Severe neonatal hypoxic ischaemic encephalopathy 

Conclusion (narrative) 

Raphael was delivered in Portland Hospital, London, following an uneventful 
pregnancy. During the induced labour his condition was not monitored 
appropriately from 1500 hours and not at all during the re-siting of the epidural. A 
cord prolapse occurred causing compression of the cord and spasm and leading 
to a hypoxic brain injury which was unsurvivable. Earlier recognition of this 
obstetric emergency would have allowed for immediate delivery and probably a 
different outcome. 

4 

CIRCUMSTANCES OF THE DEATH 

Raphael was delivered following an uneventful pregnancy at term.  His delivery was 
complicated by a cord prolapse which was not recognised until fetal compromise had 
occurred.  He died 6 weeks later in Kingston Hospital, having been transferred for 
palliative care. 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 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. – 

It became apparent during the inquest that although a great deal of positive work, 
reflection and retraining has taken place and amendments to the Hospital policies and 
guidelines, the policy does still not reflect practise.  This is particularly so in respect of the 
roles of the primary midwife, the second midwife in support and the anaesthetist when an 
epidural is being sited.   

In order for greater clarification and protection of the fetal well being, further consideration 
should be given to ensure all attending personnel are aware of their role.  The 
requirements for fetal monitoring during this particular procedure should be highlighted 
and practise should reflect hospital policy. 

The requirement for “fresh eyes” remains under ongoing consideration to encourage and 
support regular review from another midwife or obstetrician and the hospital are 
continuing to work on an Action plan to implement best practise.  While this is always an 
area that remains under review, clear guidance from the hospital would best support the 
staff and facilitate better outcomes. 

6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you and 
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, 

2 

 
 
 
 
 
 
   
 
 
 namely by 6th April 2021. 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  

and to the LOCAL SAFEGUARDING BOARD (where the deceased was under 18).  

I am also under a duty to send a copy of your response to the Chief Coroner and all 
interested persons who in my opinion should receive it. 

I may also send a copy of your response to any other person who I believe may find it 
useful or of interest. 

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. 
8 February 2021 

[SIGNED BY CORONER] 

9 

3

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 The Portland Hospital (PDF)
The Portland Hospital The Portland Hospital
for Women and Children 205-209 Great Portland Street

Marylebone, London, W1W SAH

part ot HCAHealthcare UK
F +44 (0)20 7390 8012

E hcaconnect@hcahealthcare.co.uk
www.theportlandhospital.com

Mrs. Lydia Brown

West London Coroner's Office,
25 Bagleys Lane, Fulham,
West London SW2 2GA

Dear Madam
We write to provide you with our response to the Regulation 28 Report, dated 08 February 2021.
The Regulation 28 Report raises two matters, and we have sought to address these below:

1. It became apparent during the inquest that although a great deal of positive work, reflection
and retraining has taken place and amendments to the Hospital policies and guidelines, the
policy does still not reflect practise. This is particularly so in respect of the roles of the
primary midwife, the second midwife in support and the anaesthetist when an epidural is
being sited.

In order for greater clarification and protection of the fetal well-being, further consideration
should be given to ensure all attending personnel are aware of their role. The requirements
for fetal monitoring during this particular procedure should be highlighted and practise
should reflect hospital policy.

Following the sad death of Raphael Kolbe, a Serious Incident (SI) was declared, and the Portland Hospital
launched an investigation into the sequence of events that occurred. We have previously provided the
Coroner with the SI report, action plan and related audit results.

As a result of the SI investigation, a number of changes were put in place. In relation to the matters
referred to above, it was reiterated to all staff that the primary responsibility of the midwife was in relation
to the baby’s fetal monitoring, and that if this could not be maintained whilst assisting the anaesthetist,
then another midwife must support the anaesthetist so that the fetal monitoring is not compromised.

The investigating team created an action plan to address the areas for learning, including the above, and
put in place monthly audits to ensure the changes were embedded. These monthly audits can also be
used for early identification of any potential issues, and therefore will continue to be an ongoing part of
the Hospital’s audit process.

Whilst the learning from the SI was properly embedded within the Hospital, we acknowledge that in
relation to the ‘buddying’ system and the role of the anaesthetist, these changes were not properly
reflected in the Portland’s written policy. We apologise for this, and can confirm that this has now been
addressed within the following updated policies, attached for your consideration:

e Fetal Monitoring; and
e Epidural Analgesia in Labour

London Bridge Hospital The Harley Street Clinic The Lister Hospital The Portland Hospital The Princess Grace Hospital The Wellington Hospital

HCA Healthcare UK is a trading name for HCA International Limited. HCA International Limited is a private limited company registered in England and
Wales. Registered No.03020522. The registered office address is situated at 2 Cavendish Square, London W1G OPU

These policies have been reviewed, and the changes include clarification of the following:

e the role of the midwife;
e the role of the Maternity Coordinator; and
e the role of the Anaesthetist whilst an epidural is being sited.

Specifically, the attached policies set out that:

eit is the role of the anaesthetist to check with the midwife that a CTG has been undertaken prior
to commencing the insertion of the epidural.

e Itis the role of the primary midwife to monitor the fetal heartbeat

e It is the role of the support midwife to assist the anaesthetist ifMwhen requested. If there are no
additional midwives available on the ward to support the Anaesthetist, the Theatre team will be
contacted, and Operating Department Assistant support requested.

These clarifications have also been discussed in team meetings, circulated amongst the midwifery multi-
disciplinary team (which includes the anaesthetists) and used in the training programme ‘skills and drills’.

2. The requirement for “fresh eyes” remains under ongoing consideration to encourage and
support regular review from another midwife or obstetrician and the hospital are continuing
to work on an Action plan to implement best practise. While this is always an area that
remains under review, clear guidance from the hospital would best support the staff and
facilitate better outcomes.

At the Portland, all maternity patients admitted to the labour ward are allocated a midwife and are cared
for on a 1-2-1 basis. The fresh eyes policy at the Portland Hospital is an additional step for a second
midwife to carry out the ‘fresh eyes’ check on an hourly basis, the practice is that each midwife will ‘buddy
up’ usually with the midwife in the next labour room to undertake the checks. This is agreed with the
Labour Co-Ordinator at the beginning of the shift. When the acuity on the ward does not support the
above, another midwife, the maternity labour ward co-ordinator / Labour Ward Sister, is contacted to
carry out the check.

In addition, one of the requirements of the Labour ward coordinator is to check in with each room at least
once every 2 hours, this is to deliver a positive patient experience and to support the midwife. This is
another opportunity for the maternity patient or the midwife to seek advice and support, in addition to the
call bell system that is present in each room.

The K2 Patient Status system (central monitoring) is situated at the midwives’ station. This system aids
handovers, ward huddles and discussions outside of the patient’s room but is not constantly monitored
as the coordinator must be available to attend the midwives in their rooms as required.

The ‘fresh eyes’ procedure is clearly set out in the attached Fetal Monitoring Policy. All our staff fully
understand and utilise the above policies/procedures at the Portland, and this is reviewed within our
monthly audit system.

The Portland Hospital for Women and Children introduced the K2 electronic records system within
maternity a number of years ago, this system is provided by K2 Medical Systems and is used widely
throughout the NHS and Independent sector. A function within the K2 system is an hourly pop-up
reminder for the midwife to request a ‘fresh eyes’ review of the fetal heart trace when CTG monitoring is
taking place. This reminder is not a ‘hard stop’ within the system as it would prevent further action and
monitoring of the patient that may be clinically indicated.

This is the system used by all NHS and most independent maternity units.

London Bridge Hospital The Harley Street Clinic The Lister Hospital The Portland Hospital The Princess Grace Hospital The Wellington Hospital

HCA Healthcare UK is a trading name for HCA International Limited. HCA International Limited is a private limited company registered in England and
Wales. Registered No.03020522. The registered office address is situated at 2 Cavendish Square, London W1G OPU

The Head of Midwifery has been in liaison with K2 Medical Systems to discuss what additional support
may be available to enable the reminder to remain present until the check is carried out. K2 Medical
Systems have liaised with their technical support team and have put forward a proposal for a new system.
The proposed upgrade will provide more information to the patient status board system (also known as
the central station) in real time from the bedside. This includes the set task of hourly ‘fresh eyes’ and will
show when the next ‘tasks’ are due and overdue by highlighting anything overdue in red. The benefits of
this includes the ‘fresh eyes’ request being highlighted in red until complete.

The whole team involved in the care and treatment of Mrs Kolbe are deeply sorry for the events that
occurred. The death of Raphael has impacted the team greatly, and the wider team has sought to ensure
that his memory lives on in the work that continues to be undertaken within the Portland.

Please do let us know if we can provide you with any further information in relation to the changes
implemented since Raphael’s tragic death.

Yours faithfully

Chief Executive Officer

London Bridge Hospital The Harley Street Clinic The Lister Hospital The Portland Hospital The Princess Grace Hospital The Wellington Hospital

HCA Healthcare UK is a trading name for HCA International Limited. HCA International Limited is a private limited company registered in England and
Wales. Registered No.03020522. The registered office address is situated at 2 Cavendish Square, London W1G OPU

Related reports

Other reports by Lydia Brown

See all →

More reports categorised “Child Death (from 2015)”

See all →

Track Child Death (from 2015)

See every Prevention of Future Deaths report matching Child Death (from 2015), and how often a new one appears.

What would an alert for this have sent me? Search the full text

Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.

These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.