Prevention of Future Deaths reports · 2021

Brian Jackson

Regulation 28 report to prevent future deaths, reference 2021-0246, written 16 Jul 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report16 Jul 2021
Reference2021-0246
DeceasedBrian Jackson
CoronerDavid Lewis
Coroner areaLiverpool and Wirral
CategoryHospital 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 (1) 

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

REGULATION 28 REPORT TO PREVENT DEATHS 

THIS REPORT IS BEING SENT TO: 

1  National Institute for Health and Care Excellence (NICE) 
2  Family of the Deceased (copy) 
3  Chief Coroner (copy) 
4  Liverpool Heart and Chest Hospital (copy) 

1  CORONER 

I am David LEWIS, Assistant Coroner for the area of Liverpool and Wirral 

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 28/07/2020 I commenced an investigation into the death of Brian Jackson aged 64.  The 
investigation concluded at the end of the inquest on 14 July 2021.  The cause of death found was: 

I a Neck compression 

I b Ligature hanging 

I c 

II 

The conclusion of the inquest was: 

Whilst affected by ongoing symptoms associated with post-operative delirium the Deceased 
hanged himself in hospital. 

4  CIRCUMSTANCES OF THE DEATH 
Following major but successful heart surgery at Liverpool Heart and Chest Hospital, Thomas Drive, 
Broadgreen, Liverpool on16 July 2020 the Deceased developed symptoms consistent with delirium. 
On 23 July 2020 he was transferred from the Post-Operative Critical Care Unit to the Cedar Ward 
where (a few hours later) he used a ligature, which he had fashioned from pyjamas, to hang himself 
inside a locked bathroom. In doing so he sustained injuries from which he died at the scene, 
despite prompt medical attention. 

5  CORONER’S CONCERNS 

The MATTERS OF CONCERNS are as follows: (brief summary of matters of concern) 

Following major heart surgery the Deceased spent a week on the Post-Operative Critical Care Unit, 
during which he presented intermittently with a range of symptoms which I was told in evidence 
constituted delirium, but were not consistently recognised or diagnosed as such by hospital staff. 
These symptoms were variously described as including confusion, agitation, severe paranoia and 

 anxiety. 

On a number of occasions the Deceased’s was assessed using the tool known as CAM-ICU, which 
I heard is a nationally recognised diagnostic tool, in widespread use across the country. ON each 
occasion the result was negative for the purpose of delirium diagnosis, contradicting the view 
expressed in court to the effect that a diagnosis of delirium was appropriate. 

The hospital had its own policy concerning the management of patients at risk of delirium, the use 
of which depended in large measure upon a diagnosis being made. My impression was that the 
CAM-ICU results relied too heavily upon whether the patient was orientated in time and place, 
without allowing for a more complex cocktails of presentational symptoms to be taken into account. 

I was told by senior hospital staff that their investigation has revealed shortcomings in the efficacy 
of the CAM-ICU tool, notably in assessing the risk faced by patients with ‘hypo symptoms’ of 
delirium, or patients who produce a negative CAM-ICU result but present with edidence of 
paranoia. 

I heard details of extensive changes made by the hospital in its local arrangements and also that 
the hospital had approached NICE to ask if the CAM-ICU tool itself could be modified to take 
account of the lessons it had learnt in this case. I was told that the response from NICE was that 
use of the tool (and NICE guidance around this subject) had only recently been reviewed, in 2019, 
and is not to be reviewed again for some time. 

I am concerned that across the country an assessment tool remains in widespread use despite the 
problems identified and is likely to remain so for the indefinite future, meaning that patients at risk 
of delirium are not diagnosed or treated optimally. The outcome of this cases illustrates the gravity 
of the harm that can result. 

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 08 September 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: 

(widow and next of kin of the deceased) 

Liverpool Heart and Chest Hospital 

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 

David LEWIS 

 Assistant Coroner for 
Liverpool and Wirral
Dated: 16 July 2021

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 Nice (PDF)
2nd Floor 
2 Redmond Place 
London 
E20 1JQ 
United Kingdom 

06 September 2021 

Mr David Lewis 
Assistant Coroner 
Liverpool and Wirral Coroner’s Area 
Gerard Majella Courthouse 
Boundary Street 
Liverpool 
L5 2QD 

Dear Mr Lewis, 

I write in response to your correspondence, sent to NICE on 19 July 2021, regarding the 
very sad death of Mr Brian Jackson. I would like to express my sincere condolences to his 
family. 

We have reflected on the circumstances surrounding Mr Jackson’s death, and the concerns 
raised in your report. 

In our guideline on delirium: prevention, diagnosis and management [CG103] we 
recommend that all people in hospital should be observed, at least daily, for recent (within 
hours or days) changes or fluctuations in usual behaviour. If any of these behaviour changes 
is present, a healthcare professional who is trained and competent in the diagnosis of 
delirium should carry out a clinical assessment to confirm the diagnosis (see 
recommendation 1.4.1). Indicators of delirium are given in section 1.2 of the guideline and 
healthcare professionals are advised to be particularly vigilant for behaviour indicating 
hypoactive delirium.  

For patients in critical care in whom indicators of delirium are identified, an assessment 
should be carried out using the confusion assessment method for ICU (CAM-ICU) and that 
this is undertaken by a healthcare professional who is trained and competent in the 
diagnosis of delirium (see recommendation 1.5.1).  

Liverpool Heart and Chest Hospital informed us that they were undertaking a root cause 
analysis which was considering the ‘CAMS/ITU – RASS delirium risk assessment’.  We 
advised them that we had recently completed a review of CG103 and that we were going to 
update the guideline, focusing on the risk assessment and diagnosis of delirium, including in 
ICU settings. We also advised how they could engage with the development process and 
send evidence to us for consideration during the update.  

No diagnostic tool will ever be perfect, and during the development of the original guideline 
the committee prioritised a test that had high sensitivity and would ‘rule in’ patients with 
delirium.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 We will consider the issues you have raised in your report during the update of the guideline.  

Yours sincerely, 

Chief executive 

                                                                                                                                 Page | 2

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