Prevention of Future Deaths reports · 2022

Michael Wysockyj

Regulation 28 report to prevent future deaths, reference 2022-0153, written 24 May 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report24 May 2022
Reference2022-0153
DeceasedMichael Wysockyj
CoronerJacqueline Lake
Coroner areaNorfolk
CategoryHospital Death (Clinical Procedures and medical management) related deaths · Emergency services related deaths (2019 onwards)
Organisation namedThe Queen Elizabeth Hospital, King's Lynn, 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 

. 
REGULATION 28 REPORT TO PREVENT DEATHS 

THIS REPORT IS BEING SENT TO: 

Chief Executive 
Queen Elizabeth Hospital King’s Lynn NHS Foundation Trust 
Gayton Road
King’s Lynn
Norfolk 
PE30 4ET 

1.  CORONER 

I am Jacqueline LAKE, Senior Coroner for the 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 06/10/2021 I commenced an investigation into the death of Michael Nestor WYSOCKYJ 
aged 66.  The investigation concluded at the end of the inquest on 11/05/2022.  The medical 
cause of death was: 

1a) 
1b) 
1c) 
1d) 
2 

Haemopneumothorax 
Ruptured Emphysematous Bulla 
Infective Exacerbation of Chronic Obstructive Pulmonary Disease 

Chronic Ischaemic Heart Disease, Diabetes Mellitus 

The conclusion of the inquest was: Mr Wysockyj died from a pneumothorax which was not 
identified until shortly before his death.. 

4.  CIRCUMSTANCES OF THE DEATH 

Mr Wysockyj had a significant medical history.  On 20 September 2021 Mr Wysockyj felt 
very unwell and was taken by ambulance to Queen Elizabeth Hospital arriving at 18:28 
hours.  Due to the hospital being very busy, Mr Wysockyj was not taken into the hospital but 
was seen and assessed on the ambulance.  He was admitted to Queen Elizabeth Hospital at 
22:21 hours.  A chest x-ray and a portable chest x-ray were not carried out as Mr Wysockyj 
was admitted to the Red Ward.  Mr Wysockyj became increasingly restless and agitated 
which further delayed an x-ray being carried out.  He received medication and personal care. 
At shortly before 02:00 hours it was recognised his agitation was due to low oxygen levels 
and Critical Care were contacted.  At 03:55 hours radiography identified a large right sided 
pneumothorax.  Shortly afterwards Mr Wysockyj went into cardiac arrest.  Despite attempts 
at resuscitation, Mr Wysockyj was pronounced dead at 04:42 hours. 

 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 could occur unless action is taken.  In the 
circumstances, it is my statutory duty to report to you. 

This incident has been investigated by the Queen Elizabeth Hospital and much work has 
been put into place to prevent future deaths occurring.  However, there do remain matters of 
concern. 

The matters of concern are as follows: 

1.  The ED was busy at the time and unable to offload ambulances.  An x-ray cannot be 
carried out on an ambulance and must wait until the patient is in ED.  If the patient 
remains on the ambulance for several hours this can delay the x-ray taking place. 
2.  The need for an x-ray remains with the nurse, nurse in charge and/or doctor.  If an x-
ray is not carried out, the request remains with the nurse, nurse in charge and/or 
doctor and it was not clear from the evidence there is anything in place to ensure this 
is escalated and the x-ray takes place. This is something that can be missed in a 
busy department. 

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 18 July 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: 

 – wife 

 – daughter-in-law 

I have also sent it to: 

 The Department of Health 
 Care Quality Commission (CQC) 
 HSIB 
 Healthwatch Norfolk 
 NHS England & NHS Improvement 

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: 24 May 2022 

Jacqueline LAKE
Senior Coroner for Norfolk 
Norfolk Coroner Service 
County Hall 
Martineau Lane 
Norwich  NR1 2DH

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 NHS Queen Elizabeth Hospital Kingss Lynn (PDF)
The Queen Elizabeth Hospital 
Gayton Road 
Kings Lynn 
Norfolk 
PE30 4ET 

13 July 2022 

Mrs J Lake 
HM Senior Coroner for Norfolk 
County Hall 
Martineau Lane 
Norwich 
NR1 2DH 

Dear Mrs Lake 

Regulation 28 – in the matter of Mr Michael WYSOCKYJ (deceased) 

Thank  you  for  your  report  dated  24th  May  2022  following  the  inquest  into  the  death  of  Mr 
Michael  Wysockyj.    We  set  out  our  replies  and  action  to  the  matters  of  concern  you  raised  as 
follows: 

1. 
The  ED  was  busy  at  the  time  and  unable  to  offload  ambulances.  An  X-ray  cannot  be 
carried out on an ambulance and must wait until the patient is in ED.  If the patient remains on 
the ambulance for several hours this can delay the X-ray taking place. 

Response: 
It  is  correct  to  say  that  an  X-ray  cannot  undertaken  on  an  ambulance  because  the  radiology 
equipment that generates ionising radiation is insufficiently mobile and too large to be used in 
this  setting.    If  it  is  thought  by  the  assessing  clinician  who  goes  on  to  the  ambulance  that  a 
patient’s  need  for  an  X-ray  is  urgent  or  an  emergency,  that  patient  will  be  prioritised  to  be 
removed  from  the  vehicle  as  soon  as  possible.  Although  conditions  for  patients  are  not  ideal 
whilst  waiting  to  enter  the  Emergency  Department,  in  this  way  their  clinical  needs  in  terms  of 
urgent  imaging  remain  the  same  as  if  the  patient  had  already  been  transferred  into  the 
department.  The physical constraints mean that this problem cannot be overcome in any other 
way other than by carrying out a careful clinical assessment on arrival on the vehicle during busy 
periods  outside  the  Emergency  Department  including  obtaining  the  relevant  history  from  the 
ambulance crew.  This process is already well embedded. 

2. 
The need for an X-ray remains with the nurse, nurse in charge and or doctor.  If an X-ray 
is not carried out, the request remains with the nurse, nurse in charge and or doctor and it was 
not clear from the evidence that there is anything in place to ensure this is escalated and the X-
ray takes place. This is something that can be missed in a busy department. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 13 July 2022 

The Queen Elizabeth Hospital King’s Lynn NHS Foundation Trust 

Response: 
The  Emergency  Department  does  operate  a  system  whereby  two  hourly  rounds  are  conducted 
for patients in the department.  This is carried out by the Band 7 nurse in charge and involves a 
checklist of clinical and other criteria to ensure that if clinically indicated, appropriate escalation 
takes  place.    The intention is that  amongst  all  the  other  parameters  if  an  investigation  such  as 
imaging  or  blood  tests  is  awaited,  these  should  also  be  escalated  if  there  is  a  need  to  do  so.  
However, it is correct to say that at the time of the inquest the check list contained no specific 
reference  to  investigations.    The  checklist  has  therefore  been  upgraded  to  include  this  (new 
version  attached  with  the  amendment  highlighted).    With  this  prompting, the  Band  7  nurse  in 
charge  then  goes  back  to  the  electronic  ED  record  system  (EDIS)  because  that  already  displays 
any outstanding investigations and whether they are overdue or have been carried out.  There is 
a “red/green” system in place on a visible readout on the computer screen within EDIS whereby 
tests or radiology investigations which have not yet been completed can easily be identified by 
all  clinicians.    The  Trust  considers  that  this  amendment  to  an  existing  process  will  be  an 
additional  safeguard  to  minimise  the  chances  of  the  state  of  a  patient's  outstanding 
investigations being overlooked when there is high service demand in ED as well as the clinical 
support services they depend upon. 

The  Trust  remains  very  committed  to  reducing  clinical  risk  as  far  as  possible  and  has  a 
sophisticated incident management system.  Nonetheless we are committed to taking on board 
comments  and  observations  from  external  observers  to  support  that  process,  including  HM 
Coroner’s office.  We would be happy to assist further if any additional information is required. 

Yours sincerely 

Interim Medical Director 

Page 2 of 2

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