Prevention of Future Deaths reports · 2023
Regulation 28 report to prevent future deaths, reference 2023-0437, written 9 Nov 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 9 Nov 2023 |
|---|---|
| Reference | 2023-0437 |
| Deceased | Luca Yates |
| Coroner | Chris Morris |
| Coroner area | Manchester South |
| Category | Child Death (from 2015) · Hospital Death (Clinical Procedures and medical management) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:
Child Health
CORONER
, President, Royal College of Paediatrics and
I am Chris Morris, Area Coroner for Greater Manchester (South).
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
INVESTIGATION and INQUEST
On 14th July 2022, an inquest was opened into the death of Luca Yates who died at Tameside General
Hospital, Ashton-under-Lyne on 24th January 2022 aged 1 day.
A post mortem examination determined Baby Luca died as a consequence of:-
1) a) Hypoxic ischaemic encephalopathy due to;
1) b) Asphyxia around the time of birth.
The investigation concluded with an inquest which I heard between 18th – 22nd September 2023
following which I recorded a Narrative Conclusion as follows:-
‘Luca Yates died as a consequence of complications arising from asphyxia around the time of birth.
When his mother was assessed the evening before Luca was born, it was not recognised that she was
either in, or transitioning towards established labour. This led to an absence of monitoring in
hospital which contributed to death. Luca’s death was also contributed to by a period of 14 minutes
in the resuscitation phase where 100% oxygen was not utilised as required by protocol. Luca Yates’s
death was contributed to by neglect’.
CIRCUMSTANCES OF THE DEATH
Baby Luca was his parents’ first child. After an uncomplicated pregnancy, his mother was booked for
induction of labour at 41 weeks. On 22nd January 2022 following symptoms suggestive of the onset
of labour, Baby Luca’s mother contacted her local maternity unit on a number of occasions and was
assessed in the unit twice, before being sent home.
When Baby Luca’s mother re-presented the following day, it was recognised that she was in
established labour, and it was considered birth may be imminent. Following transfer to the delivery
suite, the CTG was connected which detected a fetal-bradycardia. Urgent assistance was summoned
and the Obstetric Registrar on duty decided to deliver Luca by emergency caesarean section.
Following administration of general anaesthetic, Baby Luca was born at 16:19 on 23rd January 2022
in very poor condition with repeated Apgar scores of 0.
Attempts to resuscitate Luca proved difficult and it was not until 16:42 that the second paediatric
registrar called to assist the multi-disciplinary team successfully passed an ET Tube. A heart rate was
finally detected when Luca was around 38 minutes’ of age. Once stabilised, Baby Luca was
transferred to the Neonatal Unit where he sadly died the following day.
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. –
The court heard evidence as to planned changes to paediatric specialist training which will result in a
reduction in amount of time specialty trainees are required to spend gaining experience in Level 3
Neonatal units.
The following matters of concern arise from this:-
1)
2)
It is a matter of concern that paediatric middle grades may have reduced practical
experience in resuscitation of neonates born in poor condition, that will increase the
reliance on Consultants (who in some clinical settings may be non-resident on call depending
when delivery takes place); and
It is a matter of concern that Consultant general paediatricians of the future will have a
lower level of experience than is currently the case of complex neonatal resuscitation.
ACTION SHOULD BE TAKEN
In my opinion action should be taken to prevent future deaths and I believe you and your
organisation have the power to take such action.
YOUR RESPONSE
You are under a duty to respond to this report within 56 days of the date of this report, namely by
4th January 2024. 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
COPIES and PUBLICATION
I have sent a copy of my report to the Chief Coroner and to Linda Reynolds of Hugh James Solicitors
on behalf of the family. I have also sent a copy to Weightmans LLP on behalf of Tameside and
Glossop Integrated Care NHS Foundation Trust
I have sent a copy of my report to the Healthcare Safety Investigation Branch, and the Care Quality
Commission, who may find it useful or of interest.
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.
Dated:
9th November 2023
Signature: Chris Morris HM Area Coroner, Manchester South.
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.
Christopher Morris
HM Area Coroner
Manchester South
Dear Mr Morris
Re: RCPCH Response to the Inquest Touching the Death of Luca Yates
A Regulation 28 Report – Action to Prevent Future Deaths
Thank you for sharing your Report with us regarding the tragic and untimely passing of Luca
Yates. We were saddened to read the circumstances surrounding Luca’s death and have
discussed with senior colleagues within the RCPCH.
Whilst we cannot comment on the specific details around Luca’s passing, we have read your
report carefully and would like to offer a response to both of your concerns, and other areas
where the Royal College of Paediatrics and Child Health will bear most impact.
The paediatric curriculum
The Progress+ curriculum has been developed in the context of 'excellence by design' and is
a high level, outcomes-based curriculum. The outcomes are developed to describe key
capabilities to deliver safe care at the end of ST4 (for core training) and at CCT (for specialty
level training) in the context of rota design, service configuration and expected levels of team
and consultant support.
I note the concern raised by yourself regarding changes to the paediatric curriculum
following introduction of Progress+ and that these might lead to less experience of managing
neonates born in poor condition and requiring resuscitation.
There are three issues which might have caused concern:
1. The removal of specific mandated blocks of training during core training.
2. The wording and expectation of key capabilities and in particular the change in
airway capabilities to remove compulsory intubation DOPS (direct observation of
procedural skills) from early years training.
3. Equipping general paediatricians to manage neonatal resuscitation (pertaining to
specialty level training).
A. Neonatal training placements during core training
It is true that there are no specific mandatory placements during core training. This
is because the curricular learning outcomes and key capabilities are generic in nature and
can be acquired in most settings. However, in order to meet the key capabilities related to
neonatal care (see below) and to prepare trainees to be on tier 2 rotas at ST4 covering
neonatal units, all trainees will spend time during their core training in a neonatal setting. Full
1
neonatal resuscitation to the point of chest compressions and central drugs is rare and many
trainees (even in the previous curriculum/training pathway) do not lead many such events
during their training. These happen in all delivery settings, including local neonatal units and
Special Care Baby Units as well as tertiary neonatal units. Many trainees will spend time in a
tertiary neonatal setting but as indicated, core neonatal capabilities can be acquired in a
local neonatal setting as well.
The capabilities to lead neonatal resuscitation will be largely acquired and maintained
through training and simulation, augmented by clinical experience. The key capabilities
needed are outlined in the core syllabus document and are clearly aligned to the need for
neonatal resuscitation skills. It is our view that these key capabilities, combined with our new
'readiness for tier 2 working' assessment form, and the much more specific (and safe) airway
capabilities in the core curriculum do provide safe training to manage neonatal resuscitation
as the first senior responder – always with consultant support available to come in from
home. In addition, there continues to be a requirement to be a current Newborn Life Support
(NLS) provider in order to work on the tier 2 rota.
B. Key Capabilities in Core Syllabus
The specific key capabilities pertaining to neonatal resuscitation in the Core Syllabus are
outlined below. All key capabilities are mandatory to evidence.
Learning Outcome 3
• Demonstrates achievement of both basic and advanced life support
• demonstrates neonatal airway maintenance: airway opening manoeuvres and the
use of airway adjuncts (including supraglottic airway) to maintain the airway of a term
or preterm baby to the point of intubation.
Learning Outcome 4
• Recognises the potential life-threatening events in babies, children and young people
and leads resuscitation and emergency situations
C. Airway Capabilities
Previously in training, Level 1 (ST1-3) needed to have a successful DOPS for neonatal
intubation. However, there are fewer neonates being intubated as part of routine neonatal
care and opportunities to learn and maintain skills are increasingly limited. It is recognised
that neonatal intubation in unskilled hands can be damaging, particularly if there are
repeated attempts. A single successful DOPS for intubation does not make someone safe
and it takes the emphasis away from developing safe, non-invasive neonatal airway
management skills.
The Resuscitation Council UK Newborn Life Support (NLS) guidelines include use of a
supraglottic airway to manage the neonatal airway. The RCPCH core curriculum now
mandates safe non-invasive neonatal airway management skills. This is a much safer way of
manging the airway in a baby born in poor condition. This is also in line with the draft BAPM
Neonatal Airway Safety Standard.1
D. Readiness for Tier 2
At core level (ST1-4) it is expected that trainees will be supported to develop decision
making skills and to be working independently on a tier 2 rota by the start of ST4. Therefore,
trainees will be on the tier 2 rota before completion of the core curriculum.
1 https://www.bapm.org/resources/BAPM-Neonatal-Airway-Safety-Standard
2
Alongside the curriculum we have introduced a formal supervisor assessment that the
trainee is ready to be on the tier 2 rota with remote supervision (i.e., a consultant on call from
home). To agree that a trainee is ready for this step there needs to be agreement that there
is evidence of:
• Neonatal capabilities.
• General paediatric capabilities.
• Neonatal Life Support & Advanced Paediatric Life Support course, or equivalent.
• Mandatory procedures (including airway maintenance as above).
This is a new assessment, as previously trainees stepped up to a tier 2 rota in a more ad
hoc and unregulated manner, sometimes before completion of level 1 training. The
'readiness for tier 2 working' assessment now gives more assurance of capability to manage
emergency resuscitation situations as the first senior responder. However, it is recognised
that a tier 2 ('middle grade') at ST4 will require consultant support and supervision.
E. General paediatric consultants experience of neonatal resuscitation
70% of paediatric trainees will train as general paediatricians, of which a significant
proportion will go on to work in a DGH covering a local neonatal unit or SCBU where there
may be a need for neonatal resuscitation. In recognition of this, the general paediatric
specialty level syllabus has mandatory key capabilities relating to neonatal resuscitation and
airway management. To evidence these, trainees at specialty level following the general
paediatric pathway will need to spend time in a neonatal setting again.
The specific key capabilities are:
Specialty Learning outcome 1:
• Leads a team in the resuscitation of extremely unwell babies, children or young
people.
• Maintains the airway of term and preterm neonates up to and including safe
intubation attempt under optimal conditions. Recognises the risks of repeated
intubation attempts and if intubation is unsuccessful maintains the airway with
adjuncts including supraglottic airway. Can follow a difficult airway pathway with the
support of other professionals.
The airway capabilities have been carefully developed to maintain a focus on safe
management, including non-invasive management and working in teams to manage a
difficult airway. Trainees at this level are expected to learn to intubate but to recognise how
to manage the airway should intubating not be possible. In addition, general paediatric
trainees at this level must maintain NLS provider status (or equivalent) and consultants who
cover neonatal units generally have a trust requirement to have up to date NLS provider
status.
Sharing information for quality improvements
The College will be sharing information and suggestions for local improvement from your
report with our paediatric members via its patient safety portal. The information within your
report will also be shared for discussion with the RCPCH Clinical Quality in Practice group in
early Spring, where further actions may be identified.
Thank you for seeking our views and reminding us of the importance of this work. Our
sincere condolences are with Luca’s family.
3
Yours sincerely
RCPCH President
4
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