Prevention of Future Deaths reports · 2023

Maxwell Frame

Regulation 28 report to prevent future deaths, reference 2023-0449, written 14 Nov 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report14 Nov 2023
Reference2023-0449
DeceasedMaxwell Frame
CoronerPeter Merchant
Coroner areaWest Yorkshire Western
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published4

The report

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

Regulation 28: REPORT TO PREVENT FUTURE DEATHS 

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

REGULATION 28 REPORT TO PREVENT DEATHS 

THIS REPORT IS BEING SENT TO: 

1  Department of Health and Social Care 
39 Victoria Street, London SW1H 0EU 

2  National Institute for Health and Care Excellence 

Redman Place, London E20 

3  Royal College of Anaesthetists 

Churchill House, 35 Red Lion Square, London WC1R 4SG 

4  Academy of Medical Royal Colleges 

10 Dallington Street, London, EC1V 0BD 

5  National Infusion and Vascular Access Society 

6  Association of Anaesthetists 

21 Portland Place, London, W1B 1PY 

1  CORONER 

I Peter Merchant Assistant Coroner  for the coroner area of West Yorkshire ( West) 

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 14 July 2021 the death of Maxwell Frame was reported to the Coroner for West 
Yorkshire (West). An inquest was opened on 28 July 2021.  An inquest was heard between 
9 and 11 October 2023. The medical cause of death (accepted from a report in lieu) was 
1a) Acute Ischaemic Strokes (Multifocal); 1b) Inadvertent Insertion of a Central Venous 
Cather in the Common Carotid Artery;2 Perforated Acute Appendicitis Leading to Septic 
Shock. 

The conclusion was one of misadventure contributed to by neglect. 

4  CIRCUMSTANCES OF THE DEATH 

Mr Frame had presented to the A&E department at Huddersfield Royal Infirmary (Part of 
Calderdale and Huddersfield NHS Foundation Trust- the Trust) in the early hours of 24 June 
2021. Investigations identified a pelvic abscess and bowel obstruction as the source of 
sepsis which was not amenable to radiological drainage. He underwent an emergency 
laparotomy the same day with findings of a pelvic abscess from a perforated gangrenous 
appendix and non-viable adjacent colonic tissue and small bowel obstruction. This required 
drainage of the abscess, removal of the gangrenous tissue and bowel and formulation of a 
stoma. 
As part of the pre-surgical preparations for post operative care the placement of a central 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021 

 
 venous catheter (CVC) was undertaken using the right subclavian vein. A landmark 
approach was used. There was no use of ultrasound to assist placement of the CVC despite 
this being available. As part of the checks to ensure correct placement of the CVC a check 
chest x-ray was undertaken. Other checks in the form of an arterial blood gas and 
transducing the intra-vessel pressure wave via the CVC were not undertaken even though 
the necessary equipment to do so was available. The check chest x-ray was incorrectly 
interpreted as showing correct placement into the vein whereas, in fact, the CVC had been 
incorrectly placed into the artery.  The check chest x-ray was not reviewed by the 
consultant who had undertaken the procedure until a later point after discovery that the 
CVC had been incorrectly placed. Whilst the evidence identified incorrect placement of a 
CVC was a recognised complication, it was accepted that the various steps detailed above 
that would have reduced this happening were not undertaken. 
The incorrect placement of the CVC was identified on 27 June 2021. Following this Mr 
Frame was transferred to the Bradford Royal Infirmary. On 1 July 2021 he underwent a 
procedure to remove the misplaced CVC. In the course of this procedure some clot 
adherent to the CVC dislodged and embolised into his brain circulation causing stroke 
damage, the extent of which was such that, following discussions with Mr Frame’s family, 
he was commenced on palliative care. He was extubated and died on 13 July 2021. 

5  CORONER’S CONCERNS 

During the investigation my inquiries 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. 

The MATTER OF CONCERN IS as follows: 

Absence of a national policy on the placement of CVC’s 

Over the course of the inquest hearing, oral evidence was provided by several anaesthetic/ 
ICU doctors ranging from experienced consultants, specialty Dr’s and a Core Trainee 2 all of 
whom had experience to varying degrees of placing CVC’s. These Dr’s had worked in 
several hospitals predominantly across the Midlands and North of England. The Trust had a 
policy entitled Central Venous Access Device which identified the steps that I have identified 
earlier should have taken place but were not. I was advised by the Dr’s who gave evidence 
that there was no single standard policy that they had encountered nationally for the 
placement of CVC’s. The Trust in this case following their internal investigation of Mr 
Frame’s case had felt it necessary to revise their policy. Further, I was advised by some of 
the Dr’s who gave evidence that they felt a national policy regarding the placement of 
CVC’s would be beneficial. 

6  ACTION SHOULD BE TAKEN 

Accordingly, considering the matter of concern and the evidence given, consideration 
should be given to the introduction of a national policy for the placement of CVC’s. 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 January 09, 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. 

8  COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner and to the following Interested 
Persons 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021 

 The family of Mr Frame 
Bradford Teaching Hospitals NHS Foundation Trust 
Weightmans LLP acting for the Trust 

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 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 by the Chief Coroner. 

9  Dated: 14 November 2023 

Peter Merchant 
Assistant Coroner 
West Yorkshire ( West) 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021

Responses

4 responses 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 Association of Anaesthetists Royal College of Anaesthetists Intensive Care S (PDF)
8th January 2024 

Dear Mr Merchant, 

Re: Regulation 28: Report to Prevent Future Deaths in the matter of Maxwell Frame 

Thank you for sending us a copy of your report regarding the sad death of Mr Maxwell Frame. We 
have jointly reviewed the information available to us in the report via our Safe Anaesthesia Liaison 
Group (SALG). SALG is a collaborative project between the Association of Anaesthetists, NHS 
England’s Patient Safety team and the Royal College of Anaesthetists. One of its core objectives is 
to analyse anaesthesia-related serious incidents and to share the learning with the specialty 
across the UK. We have also consulted with the Faculty of Intensive Care Medicine (FICM) and the 
Intensive Care Society (ICS). 

Your prevention of future deaths report highlighted your concern regarding the “absence of a 
national policy on the placement of Central venous catheters (CVCs).” 

In 2016, the Association of Anaesthetists published the guidance “Safe Vascular Access”1, which 
was endorsed by the Royal College of Anaesthetists. Although this guidance does not contain a 
list of explicit recommendations for placement, information relating to how placement should be 
checked is included. The guideline does state "All hospitals should have clear, specific policies for 
insertion and documentation of CVCs (type, insertion site and tip position), and education on 
complications and their management."  The guidance is currently being updated and we will 
ensure that it has more explicit recommendations for checking placement. 

Since that guidance was published, the National Safety Standards for Invasive Procedures 
(NatSSIPs)2 have been rolled out. As CVC insertion is an invasive procedure, NatSSiPs obliges every 
organisation to have a local standard (known as a LocSSIP), which would naturally include how 
placement should be checked. FICM and ICS published a Central Venous Catheter Insertion 
Checklist in 2017 (updated 2023)3, which can be used as the basis of the LocSSIP for individual 
organisations. 

Additionally the ICS Standards and Guidelines Committee is currently developing a “Guideline for 
the management of inadvertent arterial puncture during central venous catheterisation in Critical 
Care”, in conjunction with experts within the Vascular Surgery specialty. 

SALG publishes regular Patient Safety Updates, which are distributed to all members of the 
Association of Anaesthetists and Royal College of Anaesthetists. FICM publishes regular Safety 
Bulletins, which are distributed to all their members. Both publications have previously highlighted 
incidents related to CVC insertion and we will continue to do so to promote compliance with the 
guidance noted above. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 We would be happy to respond to any questions that you might have. 

Yours Sincerely 

President 
Royal College of Anaesthetists 

President 
Association of Anaesthetists 

President 
Intensive Care Society 

References 
1.  Association of Anaesthetists of Great Britain and Ireland. Safe vascular access 2016. 

Anaesthesia 2016; 71: 573-585. 

2.  NHS England. National Safety Standards for Invasive Procedures (NatSSIPs), 2015 and Centre 
for Perioperative Care. National Safety Standards for Invasive Procedures (NatSSIPs) 2, 2023. 

3.  Faculty of Intensive Care Medicine and the Intensive Care Society. Central Venous Catheter 

Insertion Checklist, 2017 (updated 2023).
Response from Department of Health and Social Care (PDF)
The Rt Hon. Andrew Stephenson CBE MP 
Minister of State for Health and Secondary Care 

39 Victoria Street 
London 
SW1H 0EU 

Peter Merchant 
HM Assistant Coroner  
West Yorkshire Western Coroner Area  
City Courts 
The Tyrls 
Bradford  
BD1 1LA  

Dear Mr Merchant, 

1st May 2024 

Thank you for your Regulation 28 report to prevent future deaths dated 14/11/2023, about the 
death of Maxwell Frame. I am replying as Minister with responsibility for Health and Secondary 
Care.  

Firstly,  I  would  like  to  say  how  saddened  I  was  to  read  of  the  circumstances  of  Maxwell 
Frame’s  death,  and  I  offer  my  sincere  condolences  to  their  family  and  loved  ones.  The 
circumstances your report describes are concerning and I am grateful to you for bringing these 
matters  to  my  attention.  Please  accept  my  sincere  apologies  for  the  significant  delay  in 
responding to this matter. 

The report raises concerns over the absence of a national policy on the placement of Central 
Venous Catheter’s (CVC). I understand that although the Trust had in place a local policy for 
the  placement  of  CVC’s,  several  doctors  who  gave  evidence  at  the  inquest  stated  that  a 
national policy would be beneficial.  

In preparing this response, Departmental officials have made enquiries with the Care Quality 
Commission (CQC) and the National Institute for Clinical Excellence (NICE).  In their published 
response to your report, NICE cite existing guidance and national safety standards, including; 
national safety standards for invasive procedures, national CVC Insertion Safety Checklist, as 
well as guidance on safe vascular access (2016) which recommends the use of ultrasound 
locating  devices  for  placing  CVC’s.  The  Department  understands  the  guidance  on  safe 
vascular access is currently being updated and is due to be published in 2024. These existing 
standards and guidance should be used to inform local standards developed at the Trust.  

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
   
 
 
 
 
 
 
 
 
 Your report explains that a landmark approach was taken to the placement of Mr Frames CVC, 
and  that  a  series  of  steps  were  taken  which  depart  from  existing  guidance  and  standard 
practice, including the omission of an ultrasound during placement, despite being available. 
Your  report  also  describes  how  standards  were  in  place  at  the  Trust  for  Central  Venous 
Access Devices, which included steps that should have been taken in this case but were not.   

I  was  deeply  saddened  to  read  of  the  circumstances  of  Mr  Frame’s  death.  The  report  has 
prompted  careful  reflection  within  my  department,  and  from  NICE  and  other  stakeholders 
involved in the issuing of national clinical guidance as detailed in their responses. However, 
as you note in your report, the actions taken by the treating clinician departed from already 
existing national recommendations, NICE guidelines for administering this procedure and the 
Trusts own policy. I therefore do not consider there is any further action for the Department of 
Health and Social Care to take at this time.  

I hope this response is helpful. Thank you for bringing these concerns to my attention.  

Kind regards, 

THE RT HON ANDREW STEPHENSON CBE MP 
MINISTER OF STATE
Response from National Infusion and Vascular Access Society (PDF)
13th December 2023 

NIVAS Response to Regulation 28: Report to Prevent Future Deaths. 

To: Mr Peter Merchant, Assistant Coroner for West Yorkshire. 

Dear Mr Merchant, 

Thank  you  for  your  Section  28  letter  dated  14th  November  2023  relating  to  the  death  of  a  patient 
following the accidental placement of a central venous catheter in the common carotid artery. 

, are the Chairman and vice-Chairman of NIVAS (National 
We, 
Infusion and Vascular Access Society) and aim to promote and support best practice in vascular access. 
Our  membership  ranges  from  vascular  access  nurses  and  teams  to  anaesthetists  and  operating 
department practitioners, interventional radiologists, infusion nurses and teams who all work within 
the NHS.  

From  your  description  of  this  case,  we  identify  three  failings:  failure  to  use  real  time  ultrasound 
guidance  during  placement  of  the  central  venous  catheter;  failure  to  identify  inadvertent  arterial 
puncture and cannulation of the common carotid artery; and failure to remove the catheter in a safe 
and timely manner. 

We are conscious that the placement of central venous catheters is performed by individuals from a 
variety of medical backgrounds as well as nurses, which may have implications in delivering guidelines 
for the insertion and management of central venous catheters. 

NIVAS  has  not  yet  published  any  guidelines  specifically  concerning  the  use  of  real  time  ultrasound 
guidance for central venous catheter insertion or the identification and management of inadvertent 
arterial puncture or cannulation although this is planned for 2024. The recognition of arterial puncture 
is mentioned in two recent competency documents for tunnelled and totally implanted vascular access 
devices which are available for download by our membership. 

NIVAS  is  a  strong  proponent  of  real  time  ultrasound  guidance  for  vascular  access  devices  and  has 
delivered teaching on this at our annual conference and study days. 

We believe that the best current guidance on the subject is “Safe Vascular Access 2016” published by 
the  Association  of  Anaesthetists.  We  are  both  involved  in  the  revision  of  this  document,  the  new 
edition is scheduled for publication by the Association of Anaesthetists in 2024. 

In response to your letter, we will give the subject prominence at our annual conference in June 2024 
with  a  specific  lecture  dealing  with  current  guidelines,  emphasising  the  importance  of  real  time 
ultrasound guidance and the management of accidental arterial cannulation. 

 Yours sincerely, 

NIVAS chairman                                                                                     NIVAS Vice-Chairman  

 
 
 
                                                                               
 
 Nurse consultant in IV therapy and Vascular Access  

Consultant Anaesthetist
Response from National Institute for Health and Care Excellence (PDF)
2nd Floor 
2 Redman Place 
London 
E20 1JQ 
United Kingdom 

10 January 2024  

Peter Merchant 
HM Assistant Coroner  
West Yorkshire Western Coroner Area 

Dear Mr Merchant,    

Re: Regulation 28 Prevention of Future Deaths Report (Maxwell Grant Frame)  

I write in response to your regulation 28 report dated 14 November 2023 regarding the sad 
death of Maxwell Grant Frame. I would like to express my sincere condolences to Maxwell’s 
family.   

We have reflected on the circumstances surrounding Maxwell’s death and the concern 
raised in your report, namely the absence of a national policy on the placement of central 
venous catheters (CVC).    

Senior clinical advisors within the patient safety team here at the National Institute for Health 
and Care Excellence (NICE) reviewed this report carefully and took advice from a consultant 
in anaesthesia and intensive care medicine. 

There are already National safety standards for invasive procedures (NatSSIPs) which 
should be used to develop local standards. Based on NatSSIPs, the Intensive Care Society 
(ICS) have published an agreed national CVC Insertion Safety Checklist 2023. 

Additionally, the Association of Anaesthetists of Great Britain and Ireland (AAGBI) published 
guidance in 2016 that makes recommendations on safe vascular access, including on 
policies, documentation, training, supervision, the use of ultrasound and of post insertion 
checks to improve the recognition of catheter misplacement. 

NICE published guidance recommending the use of ultrasound locating devices for placing 
central venous catheters [TA49] in 2002. This guidance did not make any recommendation 
for placement of CVCs into the subclavian vein as there was a lack of specific evidence for 
subclavian placement at the time of publication. Since this guidance was published, 
ultrasound use for placement of central lines has become applicable to all sites. 

 
 
 
 
 
 
 
  
 
  
 
 In conclusion, the use of ultrasound in the placement of central lines is standard practice and 
has already been recommended in NICE guidance as well as other nationally recognised 
publications.  

I was saddened to read of the circumstances surrounding Maxwell’s death. However, on this 
occasion I do not consider that further NICE guidance in this area would add to existing 
national recommendations from relevant professional bodies and standard requirements, 
prevent the failure to use ultrasound or to undertake recommended checks in line 
placement.  

Please do let me know if you require any further information. 

Yours sincerely, 

Chief Executive     

                                                                                                                                 Page | 2

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