Prevention of Future Deaths reports · 2021

Brian Rochell

Regulation 28 report to prevent future deaths, reference 2021-0229, written 7 Jul 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report7 Jul 2021
Reference2021-0229
DeceasedBrian Rochell
CoronerAbigail Combes
Coroner areaSouth Yorkshire (West District)
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedSheffield Teaching Hospitals NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:

1. Sheffield Teaching Hospitals NHS Foundation Trust

CORONER

| am Abigail Combes, assistant coroner, for the coroner area of South Yorkshire (West
District)

CORONER’S LEGAL POWERS

| 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.

INVESTIGATION and INQUEST

On 30 April 2019 | commenced an investigation into the death of Brian Rochell born on
27 April 1944. The investigation concluded at the end of the inquest on 7 June 2021.
The conclusion of the inquest was:-

Brian was admitted to hospital on 10 April 2019 for a surgical procedure related to a
cancer of the tongue. This followed a previous cancer cured through radiotherapy. This
is relevant because it had altered Brian's oral and throat physiology. The surgery noted
a difficult airway and a concerning vessel preventing tracheostomy. The surgery was
successful, and Brian was sent to Critical Care for recovery. He acquired an infection
which was successfully treated, and a decision was made to extubate him on 21 April
2019. This decision was made without adequate risk assessment and was inappropriate
in the circumstances. Brian deteriorated in the hour following his extubation and
clinicians were unable to intubate or oxygenate Brian resulting in a hypoxic brain injury.
He died as a result of this on 26 April 2019 at the Royal Hallamshire Hospital.

CIRCUMSTANCES OF THE DEATH

On 10 April 2019, Brian was admitted to hospital for a surgical procedure following the
diagnosis of cancer of the tongue. He was ineligible for a radiological treatment
approach because of previous cancer and therefore required a surgical approach. This
surgery was also reconstructive in nature in an effort to enhance his quality of life.

As the surgery commenced it was clear that the procedure was going to be complicated
by an unusual throat anatomy including a vessel across the trachea that meant a
tracheostomy would not be possible.

He was operated on using a nasal intubation tube and was sent to intensive care to
recover with this in place.

In mid-April, Brian developed a ventilator associated Pneumonia which required the
changing of the nasal tube to an oral one. This was a complex procedure undertaken by
a senior member of staff. He documented in the record how the procedure was
undertaken which was ultimately successful, but it was not something which was
straightforward, and the relevant consultant described himself as anxious undertaking
the procedure. He had undertaken some discussions with relevant surgeons prior to the
change and had a colleague on standby should they be required during the procedure.

Ultimately the procedure was a success, and he was recovering from this procedure and
the infection. He was seen on several occasions and described as weak and remained
unwell. He did appear to make a significant improvement on 20 or 21 April 2019.

However, this was Easter weekend and therefore was a bank holiday on the Friday,
Sunday and Monday. This is relevant because it meant that staffing levels were lower
than during the week.

On 21 April 2019 a decision was made to try to extubate Brian because he appeared
well. This was against a plan which was that no attempt was to be made to extubate
Brian before the 23 April 2019. The extubation was unsuccessful and resulted in Brian
suffering a hypoxic brain injury and ultimately dying on 26 April 2019. | made the
following findings at the conclusion of the evidence:-

1. The decision not to provide Brian with a tracheostomy at the start of the surgery
was appropriate on the balance of probabilities.

2. The way in which Brian's VAP infection was managed, including the changing of
the tube on 15 April 2019 was appropriate on the balance of probabilities.

3. Following this there was a plan to consider extubating Brian after the Easter
weekend (23 April 2019) and that included, where needed, consideration of a
surgical tracheostomy.

4. The decision to extubate Brian on 21 April 2019 was done without adequate risk
assessment and with inappropriate weight placed on factors supporting a
decision to extubate Brian on that day.

5. Insufficient weight was placed on concerns raised by clinicians caring for Brian
about the plan to extubate him on 21 April 2019.

6. Attempts made to reintubate Brian on 21 April 2019 were done without a clear
and adequate plan in place and staff were unclear what their role was in that.
Whilst ultimately, | do not believe, on the balance of probabilities, that this would
have altered the outcome, there is a possibility that this led to additional delay
and Brian being deprived of oxygen for longer than if there had been a clear
articulated plan in place.

CORONER’S CONCERNS

During 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
itis my statutory duty to report to you.

The MATTERS OF CONCERN are as follows. —

(1) | heard that there were concerns about individual practice in this case and that
the result of that was an informal conversation with the relevant professional
body and agreed steps being taken to moderate practice until the conclusion of
the inquest. Where there are concerns about the professional capabilities and
practices of a particular individual these should be addressed with the relevant
professional body at the earliest opportunity by the employer. There may be
cases where there will not be a coroner's investigation and the purpose of a
coroner's investigation is not to assess the competence of professionals but
rather to investigate the circumstances of the death. This means that where
practice should be reviewed by professional bodies, failure to make appropriate
referrals in a timely fashion could place other patients at risk in the future.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe your
organisation have the power to take such action. | would ask that your responses
specifically consider the following:-

1. What is the standard procedure for making referrals to professional bodies in
cases causing concern?

2. Is that process affected by coroner's proceedings or other proceedings and if so
how and why?

7 |

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 1 September 2021. |, 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.

COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following Interested
Persons: Mr Rochell's family, the Sheffield Teaching Hospitals NHS Foundations Trust.

| 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.

| may also send a copy of your response to any other person who | believe may find it
useful or of interest. In this case | have sent a copy of this report to the General Medical
Council.

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.

7 July 2021

Nee

Abigail Combes
Assistant Coroner

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