Prevention of Future Deaths reports · 2023

David Lewsey

Regulation 28 report to prevent future deaths, reference 2023-0463, written 22 Nov 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report22 Nov 2023
Reference2023-0463
DeceasedDavid Lewsey
CoronerAndrew Cox
Coroner areaCornwall and the Isles of Scilly
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published2

The report

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

Information Classification: CONTROLLED 

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

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1. 
1  CORONER 

, Old Bridge Surgery, Looe 

I am Andrew Cox, the Senior Coroner for the coroner area of Cornwall 
and the Isles of Scilly. 

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 21/11/23, I concluded an inquest into the death of David John Lewsey 
who died on 15/12/22 at the age of 68.   
 . 
The medical cause of death was recorded as: 
1a) Pulmonary thromboembolism 
1b) Deep vein thrombosis of left calf 
1c) Knee replacement operation 

I recorded a Narrative Conclusion that Mr Lewsey died from a known 
complication of an elective surgical procedure. 

4  CIRCUMSTANCES OF THE DEATH 

Mr Lewsey was a 68-year-old man who underwent a left knee 
replacement on 29/11/22. Upon discharge, he was prescribed with two 
weeks of aspirin to reduce the risk of developing a clot and codeine for 
pain relief. The codeine caused Mr Lewsey to become constipated.  

On 15/12/22, he rang the surgery for treatment to relieve his constipation. 
In the first call with reception staff, he reported a ‘terrible, terrible pain in 
his side.’ This information was not passed on to the Advanced Nurse 
Practitioner (ANP) who returned Mr Lewsey’s call. 

In his first call with the ANP, Mr Lewsey said that his left side hurt like he 
had a stitch and that he felt pain when he breathed in. I found as fact that 
it was more likely than not that this was caused by a developing 
pulmonary embolus.  

No consideration was given to excluding a PE as a possible cause of the 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Information Classification: CONTROLLED 

pain. It is more likely than not that the PE was caused by a DVT in his leg 
that developed following Mr Lewsey’s immobility after his knee operation. 
Mr Lewsey collapsed later that evening at his home address and could 
not be resuscitated. 

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: 

-  Evidence was heard at inquest that if the concern of a terrible pain 
in his side, reported in Mr Lewsy’s first telephone call to reception 
staff, had been passed on to the ANP, the initial discussion 
between Mr Lewsey and the ANP may have started down a 
different path. It was recognised that the doctors and nurses 
dealing with duty calls work under pressure, and it was felt that 
ensuring accurate and complete information was passed to them 
may reduce that pressure and facilitate the provision of a better 
service to patients.  

-  The inquest also heard that reception staff had some training to 
raise a red flag if pain in the ‘chest’ was reported to them. Mr 
Lewsey said he had pain in his ‘side’ but the precise location of 
that pain was not explored further. While it was said in evidence 
that, typically, a PE will present with pleuritic or chest pain, it was 
noted that NICE guidance includes abdomen pain. You may wish 
to reflect on whether additional training is required for all staff on 
how to manage complaints of pain in the chest or abdomen 
particularly in patients who have recently undergone procedures 
that may have left them relatively immobile and at an increased 
risk of developing a DVT. 

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 19/1/24. 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. 

2 

 
 
 
 
 
 
 
 
 
 
 
 
 Information Classification: CONTROLLED 

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 Mr Lewsey; 
- 
- 

 legal representaitves; 

 legal representatives.  

I am also under a duty to send the Chief Coroner and above IPs 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 

[DATE]                                              [SIGNED BY CORONER] 

22/11/23                                             

3
Also filed under 2023-0463: David-Lewsey-Prevention-of-future-deaths-report-2023-0463_Published1.pdf
Information Classification: CONTROLLED 

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

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  National Institute for Clinical Excellence (NICE) 

1  CORONER 

I am Andrew Cox, the Senior Coroner for the coroner area of Cornwall 
and the Isles of Scilly. 

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 21/11/23, I concluded an inquest into the death of David John Lewsey 
who died on 15/12/22 at the age of 68.   
 . 
The medical cause of death was recorded as: 
1a) Pulmonary thromboembolism 
1b) Deep vein thrombosis of left calf 
1c) Knee replacement operation 

I recorded a Narrative Conclusion that Mr Lewsey died from a known 
complication of an elective surgical procedure. 

4  CIRCUMSTANCES OF THE DEATH 

Mr Lewsey was a 68-year-old man who underwent an elective left knee 
replacement on 29/11/22. 

, the consultant orthopaedic surgeon who performed the 
procedure, confirmed that his default position was to prescribe low 
molecular weight heparin for the initial period in hospital and then to 
prescribe a fortnight's worth of aspirin. 

It was established in evidence that the NICE guidance (NICE 89 – VTE in 
over 16s – reducing the risk of hospital acquired DVT or PE) suggested at 
paragraph 1.11.8 that LMWH should be used with TED stockings until 
discharge.  

It was 
 view that the foot pumps provided in hospital, 
Flowtrons, were superior to TED stockings and, in this regard, the 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Information Classification: CONTROLLED 

consultant felt the NICE guidance needed to be updated. It is understood 
that there may be other compression systems or VTE prevention pumps 
that it may also be appropriate to consider. 

Mr Lewsey collapsed on the evening of 15/12/22 at his home address 
and could not be resuscitated. 

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.  –  

The relevant NICE guidance may need to be updated to reflect the use of 
LMWH with products that assist with VTE prevention other than TED 
stockings. 

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 19/1/24. 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 Mr Lewsey; 
-  The legal representatives of 

I am also under a duty to send the Chief Coroner and above IPs 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 

2 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Information Classification: CONTROLLED 

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 

[DATE]                                              [SIGNED BY CORONER] 

22.11.23                                             

3

Responses

2 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 National Institute for Health and Care Excellence (PDF)
2nd Floor 
2 Redmond Place 
London 
E20 1JQ 
United Kingdom 

6 February 2024 

Andrew Cox 
H.M. Coroner’s Office 
The New Lodge 
Newquay Rd 
Penmount 
Truro 
Cornwall 
TR4 9AA 

Dear Mr Cox, 

I write in response to your regulation 28 report regarding the very sad death of David John 
Lewsey. I would like to express my sincerest condolences to his family. 

We have considered the circumstances surrounding Mr Lewsey’s death and I have 
addressed below the matter of concern directed to NICE. 

In developing our guideline on venous thromboembolism in over 16s: reducing the risk of 
hospital-acquired deep vein thrombosis or pulmonary embolism [NG89], the committee 
considered a number of pharmacological and mechanical prophylaxis options, including foot 
impulse devices or foot pumps (FID) and intermittent pneumatic compression devices 
(IPCD). The committee considered these interventions on their own and in different 
combinations.  

The trial data for all mechanical prophylaxis options showed they were used for longer 
durations than in current clinical practice, where early mobilisation is encouraged, and so the 
committee felt that it may not be possible to replicate the efficacy levels reported. 

Furthermore, as it was not possible to include any side effects for mechanical prophylaxis 
options in the analysis the committee determined that their cost-effectiveness might be over-
estimated.  

More generally, the committee noted there was uncertainty around the relative effectiveness 
estimates for different prophylaxis strategies and so the committee opted to give a choice of 
prophylaxis options, noting that some people may have contraindications. 

The committee’s consideration of the evidence underlying recommendations for 
thromboprophylaxis in elective knee replacement surgery are presented in chapter 27 of 
volume 2 of the full guideline.  

When exercising their judgment, professionals and practitioners are expected to take NICE 
guidelines fully into account, alongside the individual needs, preferences and values of their 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 patients or the people using their service. It is not mandatory to apply the recommendations, 
and the guideline does not override the responsibility to make decisions appropriate to the 
circumstances of the individual, in consultation with them and their families and carers or 
guardian, or preclude other treatment options from being offered.  

Your report has been shared with our guideline surveillance team for further consideration 
when the guideline is reviewed. 

I hope that you find this information helpful.  

Yours sincerely, 

Chief executive 

                                                                                                                                 Page | 2
Response from Old Bridge Surgery (PDF)
Information Classification: CONTROLLED 

14th December 2023 

Mr A Cox 
HM Coroner for Cornwall and the Isles of Scilly 
Cornwall Coroner’s Service 
Pydar House 
Pydar Street 
Truro 
Cornwall 
TR1 1XU 

Dear Mr Cox 

Thank you for your letter of 22nd November 2023 and the regulation 28 report. 

I note that you have highlighted some areas of concern. 

I reviewed the call recording of the initial call to reception. The whole Practice team then attended a 
training afternoon on Wednesday 6th December. As a major part of the training afternoon, we held a 
session on telephone triage and call handling. 

During the session we specifically highlighted the process of flagging calls for concern at the stage 
that the reception team are adding them to the duty call list. We discussed the types of calls that may 
cause concern and the importance of providing as much detail as possible in the free text “reason for 
the call” area. 

The entire team of clinicians who may be involved in triaging calls from the duty call list discussed 
and reflected upon the presentation of pulmonary emboli, including the rare occurrence of abdominal 
rather than chest pain. We also discussed other presentations of emergency medical and surgical 
problems in patients who have recently had a stay in hospital. 

Our intention would be to audit in future the fullness of details recorded by reception staff for calls 
added to the duty list and will present the results at a future training session within the next six 
months. 

 
 
 
 
 
 
 
 
 
 
 
 
 Information Classification: CONTROLLED 

I would be grateful if you could let me know if the actions taken (and proposed) fulfil the 
requirements of the regulation 28 notice? 

Yours sincerely

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