Prevention of Future Deaths reports · 2021

John Slope

Regulation 28 report to prevent future deaths, reference 2021-0144, written 7 May 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report7 May 2021
Reference2021-0144
DeceasedJohn Slope
CoronerYvonne Blake
Coroner areaNorfolk
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedNorfolk and Norwich University Hospitals 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 (1)

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

1. Chief Executive Officer

Norfolk and Norwich University Hospital NHS Foundation Trust
Colney Lane
Norwich
NR4 7UY

1

CORONER

I am YVONNE BLAKE, area coroner, for the coroner area of NORFOLK

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 11 August 2020 I commenced an investigation into the death John Graham Slope.
The investigation concluded at the end of the inquest on 28 April 2021. The conclusion
of the inquest was a narrative conclusion: “Mr John Slope underwent a total
laryngectomy in 2019 with a tracheostomy and insertion of a voice box prosthesis. He
developed a leak and a fistula and a salivary bypass tube was inserted at a later date.
He had quite a long hospital stay developing pneumonia and difficulties with nutrition.
He was discharged from hospital on 17 July 2019. He then asked to be investigated in
March 2020, but no-one has documented the exact nature of his concerns. Overall the
quality of the documentation was poor. He was being reviewed by another hospital's
SALT team. Due to covid-19 and its restrictions, his voice box prosthesis could not be
changed as it was a high risk procedure and he was a high risk patient. In August 2020
he became unwell with a painful guarded abdomen with reduced bowel sounds and
nausea. CT scan showed small bowel perforation and a foreign body in the small bowel.
Mr Slope was deemed too unwell for surgery and died.” The medical cause of death
was given as:
1a) Small Bowel Obstruction and Perforation
1b) Ingestion of Foreign Body

4

CIRCUMSTANCES OF THE DEATH

Mr Slope underwent a total laryngectomy for pharyngeal cancer, he had a prosthetic
voice box fitted, shortly after he had a salivary bypass tube fitted. It is not recorded
whether this first tube was secured by sutures. He developed a fistula, a common
complication of this type of operation which is the reason for the bypass tubes insertion.
When the bypass tube was to be changed in November 2019, there was no tube
present but a new one was inserted. The surgeon was unable to recall why there was no
tube, if it had been removed previously and or by whom. The documentation of the
operation was poor, but he thought he had been told by somebody, he couldn’t
remember whom, that the patient had coughed the tube out. However, he was unsure
and otherwise could not account for its absence. An abdominal x ray was taken on that
day which was later looked at and does show a foreign body in the fundus of the
stomach. However, this was not noticed at the time because they were checking
placement of the new tube.

In March of 2020 Mr Slope asked to have a scope passed to see what was going on, no
one has documented anywhere what his concerns were. He was unable to be
investigated or have his voice box changed due to covid restrictions as this procedure
was deemed to be high risk. In August 2020 Mr slope was admitted as an emergency,

1

 extremely unwell with a tense guarded abdomen pain and nausea. A scan showed he
had a perforated small bowel and demonstrated the presence of a foreign body. He was
too unwell to undergo surgery and died shortly afterwards.

5

CORONER’S CONCERNS

During 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:

That there is no method of noting in the medical records that a salivary bypass tube is in
the patient’s body.

That this death happened nearly nine months ago and still there is no method of
showing staff in the notes that a patient has this prosthesis and that no thought had
been given to this simple measure e.g. a rubber stamp stating patient has a bypass tube
in situ to be ticked and signed. The hospital already uses this method for when an
intravenous cannulae is inserted and hip prosthesis. This is immediately noticeable and
would alert staff.

That the quality of the documentation pre and post operatively is of poor quality and
would not assist other staff to find out what treatment had been given.

That there is nowhere on the consent form or the anaesthetic checklist for the presence
of a tube to be asked about and documented. These are basic common-sense
measures which should have been in place. Had the absence of the tube been noted
when it was only in the stomach it is likely that Mr Slope would not have died months
later from a perforated small bowel.

That the clinical specialist nurses did not contact anyone or document the concerns
raised by Mr Slope in March 2020.

That the hospital did not request a summary of Mr Slope’s treatment at a different
hospital before commencing the procedures, this could easily be requested via e mail.

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 5 July 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 solicitors Fraser Dawbarns

I have also sent it to:
Department of Health
Care Quality Commission
HSIB
Healthwatch Norfolk
who may find it useful or of interest.

 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.

9

Dated: 07 May 2021

Yvonne BLAKE
Area Coroner for Norfolk
Norfolk Coroner Service
Carrow House
301 King Street
Norwich NR1 2TN

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 Norfolk and Norwich University Hospitals (PDF)
• 

0 

O,i r Vls,un 
To provide every patient 
with  the care we want 
fo,  those  we  love  the  most 

Norfolk and Norwich University Hospitals  rrl:bj

Office of the  Chief Executive 
Norfolk &  Norwich  University Hospitals 
NHS  Foundation Trust 
Norwich  Research  Park 
Colney Lane 
Norwich  NR4 7UY 

Private & Confidential 
Ms  Yvonne Blake 
Area Coroner 
Norfolk Coroner's Service 
Carrow House 
301  King  Street 
Norwich 
NR12TN 

By email and  by post: 

23  July 2021 

Dear Ms  Blake 

Re:  John Slope (deceased) - Regulation  28  response 
I am  writing  in  response  to  the  above  Regulation  28  report  (Report)  that  I  received 
on  10  May 2021.  I hope that this  letter and  the accompanying  documents will  satisfy 
you  and  Mr  Slope's  family  that  the  matters  of  concern  raised  in  the  Report  have 
been  carefully  considered  by the  Trust  and  appropriate  action  has  been  or  is  being 
taken. 
In  reviewing  the  Regulation  28  report,  the  fol lowing  members  of  staff  have  been 
involved. 
• 
• 
•  Dr 

 (Consultant Otolaryngologist,  Head  &  Neck/Thyroid  Surgeon) 
 (Consultant ENT Surgeon and  Clinical Governance Lead) 

  (Consultant  Obstetrician  and  Gynaecologist,  Associate 

Medical  Director and  Chief Clinical  Information Officer). 

  (Governance Manager - Acute  Service  Integration) 
 (Divisional  Nurse  Director,  Surgical) 

  (Associate  Director  Quality  and  Safety  - Patient  Safety 

Specialist) 

 (Matron for Theatres Governance,  Risk and  Education) 
 (Divisional  Governance Manager - Surgical  Division) 

• 
• 
• 

• 
• 

SI  reports  and  action  plan 
At  the  outset,  I  acknowledge  that  the  Actions  in  the  original  Serious  Incident  (SI) 
Action  Plan  annexed  to  the  SI  report  were  insufficiently  robust.  This  has  been 
revisited  and  revised  and  is  attached  to  this  letter.  I will  address  the  key  changes 
made  in  light of your  Regulation  28  Report further  in  this  letter.  You  also  highlighted 

 
 
 
 your  concern  that  several  months  after  Mr  Slope's  death ,  measures  had  not  been 
put in  place to prevent a similar occurrence . 

  has  circulated  further  advice  and  supporting  information  to  the  Corporate 
Governance  teams  to  ensure  that  when  they  are  reviewing  draft  S!  reports,  the 
recommendations  made  should  address  the  care  and  service  delivery  problems 
identified  through  the  analysis  of the  information  gathered;  and ,  the  actions  should 
address  the  recommendations.  She  has  referred  to  the  Action  Hierarchy  toolkit 
published  by  the  Institute  of  Healthcare  Improvement  which  gives  some  clear 
examples of what strong , medium and  weaker actions look like.  There is  a hierarchy 
of actions  in  relation  to their ability to  bring  about change . This  is  now covered  in  the 
RCA training  that  we  deliver.  With  this  is  mind,  the  Action  Plan  in  Mr Slope's  case 
has been  updated . 

In  terms  of  ensuring  that  Action  Plans  are  completed,  the  Division  adds  new  SI 
Action  Plans  to  Datix  within  10  working  days  of  the  SI  being  signed  off  by  the 
Executive.  With  regards  to  robust  follow  up  of  SI  action  plans,  within  the  last  two 
months,  the  Surgical  Division  has  implemented  a  process to  enter individual  actions 
into  the  'actions  module'  within  the  Datix  System  (the  Trust's  Incident  Reporting 
System).  This  allows  for  automated  emails  to  be  sent  out  to  the  individual  action 
owners for update and  advising the action  owner if an  action  becomes overdue.  This 
also  allows for an  audit trail  of any updates made to  the  action. When  SI  actions are 
marked  by  the  action  owner  as  completed  on  Datix,  a  notification  is  sent  to  the 
person  who  has  entered  the  action  (the  divisional  governance  team)  to  review  the 
action  update  prior  to  its  final  closure,  thus  ensuring  that  it  meets  the  necessary 
standard.  The  Corporate  Risk  &  Patient Safety Team  is  also  able  to  monitor this  on 
the SI  dashboard on  Datix. 

Monthly  Datix  generated  reports  of  all  overdue  actions  from  all  serious  incidents 
which  now being  reviewed  quarterly by Safety and  Clinical  Effectiveness  Sub  Board 
and  monthly at the Divisional and  Directorate boards. 

Documentation of salivary tubes 

Your Regulation  28  report  highlights that there  is  no  method  of noting  in  the  medical 
records  that  a  salivary  bypass  tube  is  in  place.  Further,  that  specific  mention  of  it 
was not on the consent form or anaesthetic checklist. 

Your  suggestion  of  a  rubber  stamp  on  the  printed  operation  note  has  been  given 
careful  consideration.  However,  on  a  practical  level,  it  is  felt  that  this  may  not 
entirely  address  this  issue  given  the  practices  and  procedures  in  place  within  the 
It  is  common  for more than  one  operation  note to  be  printed  for the  notes. 
hospital. 
Also , if a  surgeon,  anaesthetist  or member of theatre  staff,  is  viewing  the  electronic 
copy of the  note as  part of the  pre-operative planning  or in  a  MDT, the  rubber stamp 
would  not  be  visible.  Therefore ,  to  address  this , 
  has  adapted  ORSOS 
(Theatres  documentation  system)  to  include  in  the  'surgeon's  notes'  area  of  the 
template  a  section  for  documenting  retained/implanted  items  and  another  for  their 
planned  management.  This  in  effect creates a 'digital  rubber stamp ' and  means that 
the  information  is  visible  on  every printed  copy of the  operation  note and  also on  the 
IT systems.  This  is  also  in  keeping  with  the  Trust's  move towards  electronic  patient 
records. 
It will  also  be  used  for  all  surgical  specialities,  not just  ENT.  A  copy of the 
revised  template is  attached. 

2 

 Further work to  highlight that a patient has  a surgical  device/implant is  also  ongoing . 
In  terms  of  the  salivary  bypass  tube, 
  has  been  in  touch  with  the 
manufacturers to  see  if they  have  a card  or leaflet that can  be  provided  to  a patient. 
They  do  not  currently  have  one  but  this  will  be  a  legislative  requirement  for 
manufacturers  from  May  2024  when  the  transition  period  from  the  Medical  Device 
Directive to the  Medical  Device  Regulation  is  complete. 
We  have  adopted  an  interim  measure  with  the  view  to  refining  this  once  further 
information  is  available  from  the  manufacturers  of surgical  implants  and  also  advice 
sought from  other  NHS  Trusts .  To  better inform  our  plan  for the  future , we  are  also 
auditing  the  revised  documentation  of patients  with  salivary  bypass  tubes  to  include 
the date of insertion ; the  point of discussion with  the patient regarding the tube being 
inserted;  at  follow  up  whether  there  is  clear  evidence  of  it  being  in  situ;  and,  a 
procedural note of it being  inserted. 

In  addition  to  documenting  tubes  (and  other  surgical  implants)  in  the  operation 
records  in  a more  robust fashion,  we  are  also  ensuring  that patients  are  given  more 
information  about the  tube  and  what  to  do  if they  have  any  symptoms  which  could 
give  cause  for  concern.  They  will  also  have  a  visible  reminder  on  a wristband  that 
they  have  a  tube  in  situ,  which  will  alert  other  care  providers,  who  do  not  have 
access to the patient's medical records at this Trust. 

interim  measure,  handwritten 

As  an 
information  will  be  provided  to  patients 
regarding  salivary  bypass  tubes  and  this  is  going  to  be  documented  as  part  of the 
discharge checklist for this  group  of patients.  Longer term,  a  leaflet  is  being  drafted 
by  the  ENT  team.  This  will  be  reviewed  by  the  Neck  Breathers  Association  (a 
patient  support  group)  for  comment,  prior to  finalising  it.  This  'foreign  body  leaflet' 
will  identify potential symptoms and  when to seek medical  review. 

This will  also be supported with  a patient 'card' for temporary surgical devices in  situ . 
It  will  include  contact  numbers  for  the  Head  and  Neck  Department,  size  of salivary 
tube,  date inserted and  names of key contacts. 

A  medical  alert  bracelet  is  also  being  devised.  This  will  state  that a  device  it  is  situ 
and  will  not  be  removed  until  the  device  is .  Again,  this  is  intended  to  be  a  visible 
alert to other caregivers. 

Communication  between clinical teams 

Mr  Slope's  surgical  care  was  under the  Norfolk  and  Waveney  ENT  Service,  which 
comprises  the  ENT  services  of the  Norfolk  and  Norwich  University  Hospitals  NHS 
Foundation  Trust  (NNUH)  but  treats  patients  throughout  the  region.  Therefore, 
although  his  local  hospital  was  the  Queen  Elizabeth  Hospital,  King's  Lynn,  Mr 
Slope's specialist head  and  neck cancer care was the  responsibility of NNUH. 

Concerns  about the  lack  of inter-connectivity  of  IT  systems  between  the  Trusts  has 
been  discussed  at  the  ENT  governance  meetings;  a  risk  assessment  was 
completed ,  added  to  the  NNUH  (lead  provider)  risk  register  and  approved  in 
December  2020.  At  present,  the  clinicians  do  not  have  access  to  the  relevant  IT 
systems  across  the  region  to  obtain  full  information  for  all  patients  for  which  they 
have  clinical  responsibilities,  whether  working  from  any  site  or  remotely.  A  system 
wide  approach  is  required  to  align  the  different  IT  systems,  for  example  e-mail 
incident  management  systems,  dictation  programmes, 
accounts, 

risk  and 

3 

 ICE/SystmOne  access  and  versions ,  imaging  packages  and  Electronic  Prescribing 
and  Medicines Administration  (EPMA).  Currently workarounds  are  being  devised  at 
an  operational  level  allowing  information  shari ng  and  transfer  whe re  appropriate  of 
governance responsibilities. 

Longer  term,  our  three  hospital  (JPUH,  QEH ,  NNUH)  electronic  records  system  is 
now  at  the  strategic  outline  case  stage,  which  has  been  approved  by  all  three 
hospital  Trusts  and  is  now  with  the  national  regulatory  team  to  approve.  This  will 
see ,  upon  implementation ,  a  single  patient  record  known  as  Electronic  Patient 
Record  (EPR) , accessible electronically at all  sites.  The timeline for  implementation 
depends  on  the  pace  of  regulatory  approvals  and  the  governance  cycle.  The 
earliest implementation is  likely to  begin  is  2022. 

In  the  meantime,  a  shared  care  record  programme  across  the  region  will  provide 
In  essence,  active  patient  records  are  being  scanned 
patient  data  to  each  Trust. 
onto  Electronic  Document  Management  System  (EDMS)  each  time  a  patient  is 
admitted  to  hospital  or  attends  a  clinic.  This  will  improve  the  visibility  of  patient 
records  to  all  providers  in  a  read-only format  and  will  improve  communication  about 
patients  such  as  Mr Slope  as  it will  amalgamate  records which  previously may have 
been  held  in  paper  format  by  different  teams  and  avoid  messages  such  as  those 
made by the nurse specialists not being  within the  records viewed  by the Consultant. 
The target for full  implementation  is  September 2021. 

I  hope  that  this  information  provides  you  with  the  assurances  you  require  that  the 
Trust  has  implemented  changes  in  practice  to  ensure  that  the  risk  of future  deaths 
from  similar circumstances will  not  occur again.  Learning  does  not end  at this  point 
but  will  also  continue  following  audit  of  the  use  of  salivary  bypass  tubes  and  the 
effectiveness of the measures now put in  place. 

Yours  sincerely 

Chief Executive 

Enc:  Updated Action  Plan , ORSOS template 

4

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