Prevention of Future Deaths reports · 2021

Anne Bradley

Regulation 28 report to prevent future deaths, reference 2021-0214, written 20 Jun 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report20 Jun 2021
Reference2021-0214
DeceasedAnne Bradley
CoronerRobert Simpson
Coroner areaWest Sussex
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published4

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)

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

REGULATION 28 REPORT TO PREVENT DEATHS

THIS REPORT IS BEING SENT TO:

1 The Chief Executive, Western Sussex Hospitals NHS Foundation Trust
2 The Chief Executive, National Institute of Health and Care Excellence
3 The Chair, Joint Advisory Group on GI Endoscopy
4 The President, British Society of Gastroenterology
5 The President, Association of Coloproctology of Great Britain & Ireland

1

CORONER

I am Robert Simpson, Assistant Coroner for the coroner area of West Sussex.

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 29 April 2020 I commenced an investigation into the death of Anne BRADLEY aged
74. The investigation concluded at the end of the inquest on 23 May 2021. The
inquest recorded a narrative conclusion as follows:

The deceased died as a result of a complication of a necessary surgical procedure. The
procedure carried out was unusual but despite the lack of significant data the
complication was a recognised one.

4

CIRCUMSTANCES OF THE DEATH

On the 5th March 2020 Anne Bradley underwent a colonoscopy at St Richards Hospital,
Chichester which identified a tumour. The location of the tumour was marked by
tattoos and the endoscopist reported that it was approximately 40cm from the anal
verge. A report on a CT scan carried out on the 13th March 2020 did not identify the
location of the tumour.

On the 30th March 2020 Anne Bradley underwent a colectomy in order to remove the
tumour. The surgeon found an area of tattooing at approximately 40cm from the anal
verge and removed a section of the colon at the junction of the sigmoid and
descending colon. On examination after removal this section did not include the
tumour and the surgeon then located a second area of tattooing in the mid transverse
colon. The surgeon had to then remove a further section of the colon.

The removal of such a large portion of the colon lead to post-operative complications
which in turn lead to bowel ischaemia and ultimately to Anne Bradley’s death.

5

CORONER’S CONCERNS

During the course of the investigation my inquiries 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:

Regulation 28 – After Inquest
Document Template Updated 11/11/2020

 (1) Use of scope guides/scope pilots

The colonoscopy was carried out without the use of a scope guide or scope pilot as
none were available in the room used for Anne Bradley’s procedure. A scope guide or
scope pilot is an additional piece of equipment which assists the endoscopist in carrying
out a colonoscopy.
I heard evidence from the endoscopist and 3 consultant colorectal
surgeons who all agreed that the use of scope guides or scope pilots assist in
accurately recording the location of a tumour.

The accuracy of this information is important in assisting the surgeons to locate the
tumour especially during laparoscopic (keyhole) surgery with early stage tumours.
I
the
heard evidence that
endoscopist to know the location and that tattoos used to mark the location of a
tumour can, and in this case did, pierce through the colon and mark multiple areas.

there are limited markers within the colon to assist

Whilst St Richards Hospital explained that they have now equipped all rooms with
scope guides or scope pilots I heard that use of such equipment is not required by
quality assurance organisations.

The concern I have is that equipment which increases the accuracy of the localisation
of a tumour is not required or recommended for use in routine colonoscopies.

(2) Feedback to endoscopists at St Richards Hospital

I heard evidence that at St Richards Hospital surgeons do not necessarily feedback
information regarding tattooing problems or incorrect
tumours to
endoscopists.

localisation of

The concern that I therefore have is that there is no formal system at St Richards
Hospital which requires surgeons to provide information about the incorrect localisation
of tumours or tattooing problems which is then shared with endoscopists.

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 the 16th August 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:

The family of Anne Bradley

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 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

Regulation 28 – After Inquest
Document Template Updated 11/11/2020

 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

Dated: 20/06/2021

Robert SIMPSON
Assistant Coroner for
West Sussex Coroners Service

Regulation 28 – After Inquest
Document Template Updated 11/11/2020

Responses

4 responses 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 British Society of Gastroenterology (PDF)
Mr Robert Simpson 
Assistant Coroner 
HM Coroners Service  
County of West Sussex 

12 July 2021 

Dear Mr Simpson 

Regulation 28 Report to Prevent Future Deaths - in respect of the investigation into 
the death of Anne Bradley, 23rd May 2021 

Thank you for asking the British Society of Gastroenterology (BSG) to reply on the matters 
raised by the coroner in the Regulation 28 Report on the case of Anne Bradley.  The report 
concerns the death of Anne Bradley who underwent a colonoscopy and was found to have 
a resectable tumor  at  40cms 
tattooed  and 
subsequently resected.    Unexpectedly,  the  resection  specimen  contained  no  evidence  of 
malignancy. Subsequently a further tattoo was located in the mid transverse colon marking 
the site of the cancer which was resected. Unfortunately, Anne Bradley died of postoperative 
complications.  The issue was raised as to whether a magnetic endoscopic imaging device 
(MEI)  such as the Olympus  Scope  Guide  or  Pentax  Scope  Pilot  could have  prevented  her 
death by localising the tumour more accurately, and whether these devices should be used 
routinely. 

the  anal  margin,  which  was 

from 

We would make the following comments. 

1. Ultimately  it  is  always  the  responsibility  of  the  surgeon  carrying  out  an  operation  to
identify and remove the correct section of bowel. Distances described at colonoscopy
are  always  potentially  subject  to  significant  error,  dependent  on  the  amount  of
colonoscope inserted.  The instrument can “loop” and as the colon itself is elastic, so
measurements  can  vary  immensely.    It  is  not  unusual  to  examine  a  resection
specimen  and  then  make  a  further  resection.      Anne  Bradley's  death  from post-
operative  complications  mainly  reflects  the  quality  of  her postoperative care,  and  to
imply that it relates solely to the lack of an MEI is unwarranted.

2. The tattooing of  a  polyp or tumor  is  standard  practice because  distances  measured
at  colonoscopy  can  vary  immensely.  It  should  be  noted  that  colonoscopists  often
tattoo  polyps  over  1cm  in  size  so  that  their  position  can  be  noted  and  the  site
identified again if the resection of the polyp is thought to be incomplete.   Polyps are
often  multiple,  so it  is  common  for  an  individual  patient  to  have  a  series  of  tattoos
placed over the course of their lifetime.

3. The  implication  that  the  unintentional  tattooing  of  another  section  of  colon  is
common,  is  not  correct.  The  published  evidence  on  the  frequency  of  accidental
injection  of  another  section  of  the  bowel  should  be  reviewed.    It  is  well  accepted,
however, that the  position of  a  tattoo  is  only  an approximate indicator  of  a  polyp or
tumor. Tattoos are often placed on the distal side of a tumor.   The ink often spreads

British Society of Gastroenterology: Company No. 8124892 
Charity No. 1149074 / VAT No. 347 4214 61 

 
 and  therefore  they  can  only  offer  at  best  an  approximate  indication  of  the  tumor 
position.  They are, however, more accurate than any other marker or measurement 
that  is  available  at  present.    Most  surgeons  are  aware  of  these  issues,  and  it 
remains,  therefore,  the  responsibility  of  the  surgeon  carrying  out  the  operation  to 
identify  the  correct  area  for  resection,  and  to  make  sure  that  the  correct  tattoo  has 
been  seen.   It  is  also  their  responsibility  to  ensure  that  adequate  margins  on  either 
side  of  a  tattoo  have  been  taken,  to  make  sure  that  the  lesion  has  been  included.  
For  this  reason,  and  because  it  is  well  recognised  that  precisely localising the 
position of a tumor can be very difficult, many surgeons would have recolonoscoped 
the  patient  preoperatively  to  determine  to  their  own  satisfaction  the    exact  position 
required for the resection, and it would have been useful to determine why this was 
not carried out in Anne Bradley’s case.  

4.  An  MEI,  does  not  provide  precise  localisation  of  a  tumor  as  appears  to  have  been 
suggested.  MEIs  can  certainly  help  to  negotiate  a  difficult  colon,  they  can 
demonstrate if loops are formed in the scope and whether they have been removed, 
and for these  reasons, MEIs  are  invaluable  in  training  and  also  improve  comfort  for 
the patient.  In the case of bowel cancer screening, where patients are voluntary and 
asymptomatic, MEIs  have  been  extensively  used  to  ensure  the  maximum  success 
rate  in  visualising  the  whole  colon.    Their  use  in  bowel  cancer  screening,  however, 
was not  primarily  to  provide  a  precise  localisation  of  polyps  or  tumors  which is  why 
tattoos are extensively applied.  

5.  Most authorities agree that the only precise landmarks in the colon are the appendix 
orifice,  the  ileocecal  valve,  and  the  terminal  ileum.    If  the  cecum  has  been 
successfully  achieved  and  the  scope  is  straight,  the  colonoscope  usually  adopts  a 
“question  mark”  shape  on  the  MEI.  As  soon  as  the  colonoscope  starts  to  be 
withdrawn the appearances become very variable, and also depend on the shape of 
the patient’s colon and the patient’s position. Patients are frequently rolled from the 
left  lateral  position  to  their  back  and  even  occasionally  prone.   The  shape  of  a 
colonoscope  on  an  MEI  can  vary  enormously  depending  on  these  conditions.  Only 
general statements can therefore be made about the position of a tumour or polyp. In 
the  case  of  Anne  Bradley,  it  might  have  confirmed  that  the  tumor  was  in  the  mid 
transverse colon but this cannot be automatically assumed. An MEI would probably 
have distinguished between the sigmoid colon and the transverse colon, but an MEI 
would not  be  able to precisely  localise the  position  of  a tumour  within,  for  example, 
the sigmoid colon itself.  For this reason, the position of any lesion on an MEI should 
always be regarded as approximate. This is why correct tattooing, rather than MEI, is  
the key method to localise a tumor. 

6.  A paper by 

 et al. Colonic tumour localization using an endoscope positioning 
device.  Eur  J  Gastroenterol  Hepatol  2011;23:488-9,  did  suggest  that  MEI  can 
improve  accuracy  of  location  to  the  correct  segment  of  bowel,  but  as  far  as  we  are 
aware  compulsory  use  of  MEI  in  all  colonoscopy  is  not  recommended  by  any 
published  evidence  based  guidelines  because  so  many  other  factors,  as  we  have 
indicated, can have a bearing on tumour localisation in an individual case. 

7.  Whilst it is possible that an MEI might have provided some extra information in this 
particular  case,  it  is  quite  erroneous  to  infer  that  an  MEI  would  assist  in  the  exact 
location  of  a  lesion  in  all  cases,  and  to suggest  that  they  should  be  used  as  a 
mandatory  requirement  greatly  overstates  their  utility  for  precise  the  localisation  of 
pathology.  It would, therefore, be wrong to make a generalised recommendation on 
the use of MEIs based on this particular case.  

British Society of Gastroenterology: Company No. 8124892 
Charity No. 1149074 / VAT No. 347 4214 61 

 
 
 
 
 
 8.  It  is  much  more  important  that  both  the  physicians  and  surgeons  in  a  unit  agree  a 
common  tattoo  protocol.  One  widely  used  example  is  The  St  Marks  protocol.  
https://www.stmarksacademicinstitute.org.uk/content/uploads/2020/12/Tattoo-
protocol-v15.pdf 

9.  MEIs  are  manufacturer  specific,  so the  “Scope  Guide”  will  only  work  with  Olympus 
scopes  and  “Scope  Pilot”  with  Pentax  scopes.  Many  units  use Fujinon scopes,  and 
whilst  there  was  a  similar  system  available  in  the  past  I  am  not  aware  at  present 
whether it is still marketed.  Mandating the statutory use of MEI effectively sanctions 
compulsory purchase without any competition, and might preclude a number of other 
commercial  companies  that  manufacture  scopes.    The  cost  of  an  MEI  is  very 
significant,  and therefore a  mandatory  obligation  that  they  should  be  used  in  all 
cases could run into a cost of millions of pounds without there being a clear benefit in 
all  cases.    It  could  be  argued  for,  for  example,  that  employing  more  staff  to 
carry  out  colonoscopies  so  that  patients  do  not  wait  have  to  wait  so  long, 
might save many more lives then mandating a particular piece of equipment on 
the basis of a single postoperative death. 

10. One  should  also  emphasise  that  a  death  from  postoperative  complications,  usually 
raises questions about the care that the patient received after the operation, or their 
underlying  health  before  surgery.  To  imply  that  use  of an MEI  might  actually  have 
prevented  Anne  Bradley's  death  from  postoperative  complications  may  be  an 
overstatement of cause and effect.  

Yours sincerely 

President, British Society of Gastroenterology 

British Society of Gastroenterology: Company No. 8124892 
Charity No. 1149074 / VAT No. 347 4214 61
Response from Nice (PDF)
2nd Floor  
2 Redmond Place  
London  
E20 1JQ  
United Kingdom  

12 August 2021  

Robert Simpson  
Assistant Coroner for West Sussex  
Coroner's Office   
Centenary House   
Durrington Lane  
Worthing  
West Sussex  
BN13 2PQ  

Dear Mr Simpson,  

I write in response to your regulation 28 report of 20 June 2021 regarding the death of Anne Bradley. I 
would like to express my sincere condolences to her f amily.  

In your report you noted that the use of equipment which increases the accuracy of the localisation of 
a tumour, such as scope guides or scope pilots, is not required or recommended for use in routine 
colonoscopies.  

While we have guidelines covering recognition and referral for suspected cancer [NG12], and the 
management of colorectal cancer [NG151], we have not made recommendations on colonoscopy. 
Guidance on specific equipment, techniques, and training are outside the remit of our clinical guidelines 
and it would be more appropriate for the professional societies, to whom I note you have also sent your 
report, to comment on this.   

As such, we do not consider that any action is required by NICE in response to your report.  

Yours sincerely,  

Chief  executive
Response from Royal College of Physicians (PDF)
From the Registrar 

Royal College of Physicians 
11 St Andrews Place 
Regent’s Park 
London NW1 4LE 

www.rcplondon.ac.uk 

Mr Robert Simpson 
Assistant Coroner 
West Sussex Coroners Service 

11 August 2021 

Dear Mr Simpson, 

Re: Regulation 28 – Ann Bradley 

Issued:  
Received:  
Responded:  

20 June 2021 
23 June 2021 
11 August 2021 

Thank you for sending your Section 28 notice to the Royal College of Physicians. This reply is on behalf 
of the organisation following consultation with appropriate officers and partners. In particular we have 
consulted with JAG (part of the RCP Accreditation Unit) and have liaised with the BSG President who is 
a member of RCP Council. 

Summary of response 
Having reviewed the detail, I would point out the multiple factors contributed to the sad demise of Mrs 
Bradley, including the importance of agreed protocols for tattoo placement and the responsibility of the 
surgeon to identify the location of the tumour per-operatively. The quality of pre-operative assessment 
and post-operative care should also be stressed. Placing credence on the lack of availability of a magnetic 
imaging device as the single rectifiable contributor to her death would be ill advised and not justifiable. 

Details of Response 
The following response is a summary of the JAG response drafted by Dr 

: 

“Having read the coroner’s report, including the narrative and the conclusion, my clinical view is that 
too much credence is being put by the clinicians involved in the case in the benefits of scope guide.  
This reflects an understandable desire to seek explanation for the poor outcome in factors other than 
human error or performance. 

Further  comment  on  the  use  of  magnetic  imaging  is  that  it  is  not  appropriate  to  mandate  this 
equipment as it is not available for all video endoscope systems, it cannot be used on all patients and 
is not necessary for completion of colonoscopy. It does support training and also supports regular 
practice. Many services use it to support patient comfort. It therefore is a highly desirable piece of 
equipment. JAG accreditation ensures high quality endoscopy services and measures against quality 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 Re: Regulation 28 – Ann Bradley 

standards from many bodies included learned societies such as the BSG and national guidelines such 
as NICE.  There is no standard that mandates magnetic imagers and therefore we cannot “defer’ or 
“not award” on the basis of its availability in the unit.  This reflects the issues outline above. 

Additionally,  even  non-complicated  surgery to  the  large  bowel  i.e.  any surgical  resection  carries  a 
significant  mortality  and  can  be  calculated  prior  to  surgery.  We  do  not  know  how  this  was 
communicated to the patient or the coroner. 

Reviewing both the reasons why we use Magnetic imaging and the complexities of this case, I feel 
that the influence of “not” having scope guide/MEI available was only one small part of the case. It 
would not change JAG approach, which is that, where we can, we do encourage the purchase of such 
equipment but it is not essential.” 

I hope this response is both informative and helpful to your enquiries. 

Yours sincerely, 

Dr 
Registrar, Royal College of Physicians
Response from St Richards Hospital (PDF)
r1'1:b1 

University Hospitals Sussex 
NHS Foundation Trust 

St Richard's Hospital 
· Spitalfield Lane 
Chichester 
West Sussex 
P019 6SE 

www.uhsussex.nhs.uk 

Inspected and ra ted 

Outstanding  * 
Q CareQuality 

Commission 

16 August 2021 

1,· 

Mr R Simpson 
Assistant Coroner. for the County of West Sussex 
Coroner's Office 
West Sussex Record Office 
Orchard Street 
Chichester 
West Sussex 

. PO191DD 

Dear Mr Simpson 

RE:  Regulation 28 Report to Prevent Future Deaths - Anne BRADLEY 

, I write to formally acknowledge receipt of the Regulation 28 report to. Prevent Future Deaths and to 
respond to  your matter~ of concern.  Please  be assured that the report has been  considered  by both 
the operational and managerial  members of the Surgical and  Medical Divisions. 

· 

1.  Use of scope guides/scope pilots 

Scope guides are already in  place on  the'St.Richard's site with  a move to  using scope guides across 
all  sites. We .are pleased to  note that the Regulation 28  report was  also addressed to four national 
bodies who will  be  best placed to  consider your concerns and to  implement guidance and 
recommendations at a national level as currently scope guides are  only available from  certain · 
· 
manufacturers. 

· 

_2.  Feedback to endoscopists at St Richard's Hospital 

We are pleased to confirm that the Trust has instigated a robust system to ensure information in 
relation to tattooing is documented, monitored and,  where appropriate, fed  back to endoscopists.  The 
system  involves the introduction of a dedicated sticker into the colorectal theatre care plan for the  · 
operating surgeon to confirm the tumour was correctly iqentified by the tattoo.  A negative -answer will 
trigger completion of a Datix incident report.  A Local  Safety Standard for Invasive Procedures 
(LocSSIP) document will  be  put in  place which supports and describes the standardised  process. All 
incident reports will  continue to be subject to regular monitoring by the  Surgical and _Medical  Divisional 
governance processes. 

The Trust was saddened_ by Mrs  Bradley's  death and would  like to  give our reassurance that we  have 
taken the opportunity to review  ur current practice to ensure we  rnanage patients who  require an 
endosc 

surgery in  the  safest and niost effective way. 

ic procedure · 

Dr 
Medical Director

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