Prevention of Future Deaths reports · 2022

David Clark

Regulation 28 report to prevent future deaths, reference 2022-0046, written 15 Feb 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report15 Feb 2022
Reference2022-0046
DeceasedDavid Clark
CoronerGeoffrey Sullivan
Coroner areaHertfordshire
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

Signed by     Geoffrey Sullivan 
 Title              Senior Coroner 
 Jurisdiction  Hertfordshire 

1 

2 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:  
Trust. 
CORONER 
I am Geoffrey Sullivan HM Senior Coroner for Hertfordshire 

, Chief Executive East & North Hertfordshire NHS 

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. 
http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 
http://www.legislation.gov.uk/uksi/2013/1629/part/7/made 

3 

INVESTIGATION and INQUEST 

On the 5th January 2020 David Clark died at the Lister Hospital and on the 10 January 2020 I commenced 
an investigation into his death. 

The investigation concluded by way of an inquest on 13 January 2022, which found: 

Cause of Death:  

1a Type 2 Respiratory Failure   

1b Pneumonia   

1c Chronic Obstructive Pulmonary Disease   

II Severe Ankylosing Spondylosis, Ischaemic Heart Disease and Fatty Liver 

Narrative Conclusion: 

David Clark was admitted to Lister hospital on 21 November 2019 following a fall and injury to his spine. 
He had a background of Ankylosing Spondylosis, severe Kyphoscoliosis, Chronic Obstructive Pulmonary 
Disease, was on long term home oxygen and used a non-invasive ventilator (NIV) machine at night. He 
was transferred to Addenbrookes hospital but found not suitable for surgical intervention and 
transferred back to Lister hospital and then discharged to Queen Victoria Memorial on 21 December 
2019 for rehabilitation. He was re-admitted to Lister hospital on 3 January 2020 drowsy and in 
respiratory failure. No Respiratory Support Unit (RSU) bed was available on the 4 January 2020. On the 
afternoon of the 5 January 2020 a bed was made available on ward 11a, close to the RSU, and he was 
transferred but on arrival he was found to be deceased. During his stay at Queen Victoria Memorial 
hospital he was unable to use his NIV machine as intended. When he returned to the Lister hospital his 
NIV machine was not moved with him and had to be collected by members of the family. His worsening 
condition was not accurately assessed, and his treatment was not appropriately escalated. It is not clear, 
however, whether these matters contributed to his death. 

Coroner.service@hertfordshire.gov.uk    |    

 
 4 

CIRCUMSTANCES OF THE DEATH 
During the inquest I heard evidence from a number of medical witnesses: Dr

, pathologist; Dr 

, Medical Director QVMH; 

, Cons. Neurosurgeon; Prof,

 Cons. Respiratory 

Physician; Dr 

, Cons. ICU; Dr

 provided an RCA report. 

From the evidence, a number of failings were identified in relation to the care received by Mr Clark.  As 
outlined above, it is not clear whether they contributed to his death, but they present a wider concern 
for the provision of future care. 

Despite being significantly unwell on his return to Lister hospital on the 3 rd February 2020 his care was 
not escalated in a timely fashion.  Consultant review only took place 24 hours after his admission. I heard 
that, at the time, there was a full complement of staff.   

The evidence suggests that NEWS, a fundamental aspect of patient care, were not being calculated or 
recorded accurately.  

Mr Clark’s treatment and course through the hospital was poorly documented.  Poor documentation 
makes treatment by following clinicians difficult and also investigation following a death or adverse event 
more difficult.   

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 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.  –  

[BRIEF SUMMARY OF MATTERS OF CONCERN] 
(1) That care was not escalated appropriately in ICU despite being fully staffed.  
(2) That NEWS were not being calculated or documented accurately. 
(3) That documentation, more generally, was poorly completed. 

Coroner.service@hertfordshire.gov.uk   |   

 
 
 
 
 
 
 
 
 
 
 
 
 
 6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you
Executive have the power to take such action.  

 as Chief 

7 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this report, namely by  12th 
April 2022. 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 David Clark. 

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 

15th February 2022 

Signature 

Geoffrey Sullivan HM Senior Coroner for Hertfordshire 

Coroner.service@hertfordshire.gov.uk   |

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